University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Shariff v. Allah PC-NY-0063
Docket / Court 6:05-cv-06504-CJS-JWF ( W.D.N.Y. )
State/Territory New York
Case Type(s) Disability Rights-Pub. Accom.
Prison Conditions
Case Summary
On September 29, 2003, plaintiffs, proceeding pro se, filed a lawsuit in the U.S. District Court for the Southern District of New York against prison officials alleging violations of their civil rights by failing to provide adequate bladder care and treatment, such as proper use of disposable ... read more >
On September 29, 2003, plaintiffs, proceeding pro se, filed a lawsuit in the U.S. District Court for the Southern District of New York against prison officials alleging violations of their civil rights by failing to provide adequate bladder care and treatment, such as proper use of disposable catheters, properly sterilized catheters, and access to urologists.

The plaintiffs, who were paraplegic, alleged that the defendants failed to provide adequate medical care in violation their rights under the Fifth, Eighth, and Fourteenth Amendments, and that the defendants unlawfully discriminated against plaintiffs by failing to construct wheelchair-amenable cells and failing to provide recreational activities, in violation of the ADA and the Rehabilitation Act of 1973. Plaintiffs sought money damages and injunctive relief.

By the time the amended complaint had been filed, all plaintiffs had been transferred to facilities in the Western District of New York. Judge Batts considered and denied the defendants' motion to dismiss the case for improper venue but, in her unpublished order of August 26, 2005, she granted the defendants' motion to transfer venue to the Western District of New York.

Under the new case number 05-cv-6504, the case was reassigned to Judge Siragusa. On December 14, 2005, Judge Siragusa granted a temporary restraining order directing the defendants to supply plaintiffs with six new single-use catheters per day. This was lifted on September 15, 2006, and Judge Siragusa ordered the defendants to instead supply the plaintiffs with soap and water sufficient for cleaning catheters after reuse. On May 29, 2007, plaintiffs filed the third and final amended complaint.

On May 31, 2013, Judge Siragusa approved a joint stipulation that an expert visit the correctional facilities to review the conditions raised by plaintiffs. The expert was supposed to report back by August 16, 2013, but no reports appear in the docket as of February 23, 2014.

Jessica Kincaid - 03/02/2014


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Equal Protection
Defendant-type
Corrections
Disability
Mobility impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Bathing and hygiene
Medical/Mental Health
Medical care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) New York State Department of Correctional Services
Plaintiff Description State prisoners with mobility disabilities in the New York State Department of Correctional Services (“DOCS”)
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Form of Settlement None on record
Order Duration not on record
Case Closing Year n/a
Case Ongoing Yes
Case Listing PC-NY-0057 : Shariff v. Goord (W.D.N.Y.)
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
1:03-cv-7664 (S.D.N.Y.) 02/24/2014
PC-NY-0063-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
6:05-cv-06504 (W.D.N.Y.) 02/24/2014
PC-NY-0063-9001.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Third Amended Complaint 05/29/2007
PC-NY-0063-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Batts, Deborah A. (S.D.N.Y.)
PC-NY-0063-9000
Feldman, Jonathan W. (W.D.N.Y.) [Magistrate]
PC-NY-0063-9001
Siragusa, Charles J. (W.D.N.Y.)
PC-NY-0063-9001
Monitors/Masters None on record
Plaintiff's Lawyers Cook, Jared Kimball (New York)
PC-NY-0063-9001
Cook, David L. (New York)
PC-NY-0063-0001 | PC-NY-0063-9001
Phillips, Spencer D. (New York)
PC-NY-0063-0001
Robinson, Terence Lee Jr. (New York)
PC-NY-0063-0001 | PC-NY-0063-9001
Shariff, Abdul (New York)
PC-NY-0063-9000
Defendant's Lawyers Bruce, Benjamin A. (New York)
PC-NY-0063-9001
Levine, Gary M. (New York)
PC-NY-0063-9001
Nosve, Donald (New York)
PC-NY-0063-9000 | PC-NY-0063-9001
Steinman, Charles (New York)
PC-NY-0063-9001
Other Lawyers None on record

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