University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Corris v. Koenigsmann PC-NY-0072
Docket / Court 9:15-cv-01205-GTS-TWD ( N.D.N.Y. )
State/Territory New York
Case Type(s) Prison Conditions
Case Summary
On October 7th, 2015, an inmate with Hepatitis C filed a civil rights action against the New York State Department of Corrections and Community Supervision (DOCCS). The lawsuit was filed pursuant to 42 U.S.C. §1983 in the U.S. District Court for the Northern District of New York.

The ... read more >
On October 7th, 2015, an inmate with Hepatitis C filed a civil rights action against the New York State Department of Corrections and Community Supervision (DOCCS). The lawsuit was filed pursuant to 42 U.S.C. §1983 in the U.S. District Court for the Northern District of New York.

The complaint asserted defendants' deliberate indifference to plaintiff’s serious medical needs violated his 8th and 14th Amendment rights. The plaintiff alleged that the defendants failed to provide appropriate care and treatment for plaintiff’s Hepatitis C. This practice had continued despite multiple requests by the plaintiff for medical care and substance evidence showed the plaintiff suffered from a severely damaged liver. Specifically, the plaintiff challenged the DOCCS’ Hepatitis C Primary Care Practice Guidelines. The guidelines, which were heavily relied upon by facilities official in denying the treatment request, explicitly excluded from treatment any prisoner who is not drug or alcohol free for six months. Represented by Prisoners' Legal Services, the plaintiffs sought injunctive and declaratory relief, as well as compensatory and punitive damages.

On October 9th, the plaintiff filed an emergency motion for preliminary injunction. The next day, the court decided to reserve decision on the plaintiff's motion for a preliminary injunction and impose an expedited briefing schedule on that motion. On November 30, 2015, defendants' council confirmed that the plaintiff began his 12-week course of treatment for Hepatitis C on November 25, 2015. Thus, plaintiff requested to withdraw the motion on injunction and the court granted it.

On April 29, 2016, the parties informed the court a settlement had been reached. On May 6, 2016, Chief Judge Suddaby approved the stipulation and ordered that the case be dismissed. In the settlement, DOCCS agreed to pay the sum of $ 19,144.82 to plaintiff and plaintiff's counsel in settlement of all claims. In addition, the current DOCCS HCV Policy will be to amended to strike 6-month-free drug requirement as a per se exclusion for any care or treatment. Evidence of substance abuse will be considered as one factor among all others in evaluating each individual's need and suitability for care and treatment.

Sihang Zhang - 10/02/2016
- 10/02/2016


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Content of Injunction
Preliminary relief granted
Defendant-type
Corrections
General
Torture
Medical/Mental Health
Hepatitis
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) State of New York
Plaintiff Description A prison inmate sufferering with Hepatitis C
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Attorneys fees
Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Voluntary Dismissal
Order Duration 2015 - 2016
Case Closing Year 2016
Case Ongoing No
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)
9:15-cv-1205 (N.D.N.Y.) 05/06/2016
PC-NY-0072-9000.pdf | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 10/07/2015
PC-NY-0072-0001.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Stipulation and Order of Discontinuance Pursuant to Rule 41(a) 05/06/2016 (E.D.N.Y.)
PC-NY-0072-0004.pdf | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Suddaby, Glenn T. (N.D.N.Y.)
PC-NY-0072-0004 | PC-NY-0072-9000
Monitors/Masters None on record
Plaintiff's Lawyers Hull, Alissa R. (New York)
PC-NY-0072-0001 | PC-NY-0072-0004 | PC-NY-0072-9000
Defendant's Lawyers Boivin, Bruce J (New York)
PC-NY-0072-0004 | PC-NY-0072-9000
Other Lawyers None on record

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