University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Billips v. Horn CJ-NY-0010
Docket / Court 1:04-cv-01086-HB ( S.D.N.Y. )
State/Territory New York
Case Type(s) Criminal Justice (Other)
Jail Conditions
Special Collection Post-PLRA Jail and Prison Private Settlement Agreements
Attorney Organization Legal Services/Legal Aid
Case Summary
On February 10, 2004, one or more New York jail inmates filed a lawsuit in the U.S. District Court for the Southern District of New York against the New York City Department of Correction (DOC), the New York City Police Department, the New York State Office of Mental Health, and the New York State ... read more >
On February 10, 2004, one or more New York jail inmates filed a lawsuit in the U.S. District Court for the Southern District of New York against the New York City Department of Correction (DOC), the New York City Police Department, the New York State Office of Mental Health, and the New York State Office of Mental Retardation and Developmental Disabilities. We only have limited information about this case.

The plaintiffs, represented by the Legal Aid Society, claimed that when they were sentenced to either city jail or State prison, they received insufficient credit against their sentences for pre-trial jail time already served. The plaintiffs argued that the problem was the result of poor communication between DOC, which is responsible for keeping track of and certifying jail time, and the other agencies, as well as internal problems in DOC's own record keeping.

On February 14, 2005, the District Court (Judge Baer) issued a stipulation and order of settlement and dismissal. The case was settled prior to ruling on class certification.

In a 2007 law review article, Judge Baer wrote about this case: The DOC recognized the need for a more adequate policy and system to track information--when the inmates were in the hospital for either physical or emotional afflictions--so that the time could be deducted from inmates' sentences. The two parties developed a settlement plan where the DOC would: (1) set up computerized systems to track such information; and (2) provide a quarterly report and have necessary conferences with the court. The settlement agreement gave the DOC only a year to put the systems in place and another two years of monitoring by the court to ensure ongoing compliance. The court's authority to monitor would end after two years.

David Cho - 11/06/2014


compress summary

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Issues and Causes of Action
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Issues
Content of Injunction
Monitoring
Defendant-type
Corrections
Law-enforcement
General
Commitment procedure
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) New York City Department of Correction
New York City Police Department
New York State Office of Mental Retardation and Developmental Disabilities
Plaintiff Description New York inmates
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted Moot
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Order Duration 2005 - 2008
Case Closing Year 2005
Case Ongoing Unknown
Additional Resources
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Links Philadelphia Forfeiture
http://ij.org/case/philadelphia-forfeiture/
By: Institute for Justice (Institute for Justice)
[ Detail ]

Docket(s)
1:04-cv-01086-HB (S.D.N.Y.) 02/14/2005
CJ-NY-0010-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
No documents currently in the collection
Judges Baer, Harold Jr. (S.D.N.Y.)
CJ-NY-0010-9000
Monitors/Masters None on record
Plaintiff's Lawyers Gibney, William D. (New York)
CJ-NY-0010-9000
Defendant's Lawyers DiChiara, Michael (New York)
CJ-NY-0010-9000
Konowitz, Marc Alan (New York)
CJ-NY-0010-9000
Other Lawyers None on record

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