Case: Zolnowski v. County of Erie

1:95-cv-00774 | U.S. District Court for the Western District of New York

Filed Date: Sept. 8, 1995

Closed Date: 1998

Clearinghouse coding complete

Case Summary

On September 8, 1995, inmates at the Erie County Holding Center in Buffalo, New York filed a pro se class action lawsuit in the U.S. District Court for the Western District of New York under 42 U.S.C. §1983 against the New York State Commission of Corrections and representatives of the jail. The plaintiff class alleged that their constitutional rights had been violated by overcrowding at the jail. The plaintiffs sought declaratory and injunctive relief, as well as monetary damages.On October 3,…

On September 8, 1995, inmates at the Erie County Holding Center in Buffalo, New York filed a pro se class action lawsuit in the U.S. District Court for the Western District of New York under 42 U.S.C. §1983 against the New York State Commission of Corrections and representatives of the jail. The plaintiff class alleged that their constitutional rights had been violated by overcrowding at the jail. The plaintiffs sought declaratory and injunctive relief, as well as monetary damages.

On October 3, 1996, the U.S. District Court for the (Magistrate Judge Leslie G. Foschio) held that the plaintiffs' rights had been violated by overcrowding at the jail, and that the evidence established wantonness by the jail officials. However, the court stayed injunctive relief for 60 days to allow the defendants to come into compliance with the constitutional standards. Zolnowski v. County of Erie, 944 F.Supp. 1096 (W.D.N.Y. 1996). Negotiations between the parties proceeded.

On September 24, 1997, the district court (Judge Foschio) approved a settlement agreement between the parties. The order noted that a number of conditions at the Jail, if left unabated, would violate the Eighth and Fourteenth Amendments: lack of beds, cots, bedding or blankets, housing detainees in a overcrowded conditions, housing sentenced prisoners in chapels, resource rooms, etc except in emergency and housing female prisoners or detainees in the atrium area visible to those present in the exercise area. The order imposed reporting and notice requirements. On October 23, 1998, the case was closed.

On October 11, 2005, plaintiffs filed a motion seeking an expedited hearing concerning alleged violations of the court's order governing conditions at the jail. However, this motion was withdrawn two days later. As of November 5, 2014, there has been no further activity.

Summary Authors

Kristen Sagar (10/13/2006)

Richard Jolly (11/14/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/970402/parties/zolnowski-v-county-of-erie/


Judge(s)

Foschio, Leslie G. (New York)

Attorney for Plaintiff

Ashcroft, John (District of Columbia)

Haynes, Nan Lipsitz (New York)

Murray, Glenn Edward (New York)

Attorney for Defendant

McLeod, James A.W. (New York)

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Documents in the Clearinghouse

Document

1:95-cv-00774

Docket [PACER]

Oct. 13, 2005

Oct. 13, 2005

Docket
67

1:95-cv-00774

Decision and Order

Oct. 3, 1996

Oct. 3, 1996

Order/Opinion

944 F.Supp. 944

87

1:95-cv-00774

Stipulation and Order

Sept. 24, 1997

Sept. 24, 1997

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/970402/zolnowski-v-county-of-erie/

Last updated March 29, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed (DMS) (Entered: 09/08/1995)

Sept. 8, 1995

Sept. 8, 1995

PACER
1

COMPLAINT filed (DMS) (Entered: 09/08/1995)

Sept. 8, 1995

Sept. 8, 1995

PACER
1

COMPLAINT filed (DMS) (Entered: 09/08/1995)

Sept. 8, 1995

Sept. 8, 1995

PACER
2

MOTION by Bernard J. Zolnowski Jr. to Proceed in Forma Pauperis (DMS) (Entered: 09/08/1995)

Sept. 8, 1995

Sept. 8, 1995

PACER
2

MOTION by Bernard J. Zolnowski Jr. to Proceed in Forma Pauperis (DMS) (Entered: 09/08/1995)

Sept. 8, 1995

Sept. 8, 1995

PACER
2

MOTION by Bernard J. Zolnowski Jr. to Proceed in Forma Pauperis (DMS) (Entered: 09/08/1995)

Sept. 8, 1995

Sept. 8, 1995

PACER
3

ORDER granting [2-1] plaintiff's motion to Proceed in Forma Pauperis; Clerk of the Court is directed to file the plaintiff's papers, and to cause the U.S. Marshal to serve copies of the summons, complaint, and this order upon the named defendants ( signed by USDJ David G. Larimer ) Notice and copy of order sent to Bernard J. Zolnowski Jr. (DMS) (Entered: 10/03/1995)

Sept. 29, 1995

Sept. 29, 1995

PACER
3

ORDER granting [2-1] plaintiff's motion to Proceed in Forma Pauperis; Clerk of the Court is directed to file the plaintiff's papers, and to cause the U.S. Marshal to serve copies of the summons, complaint, and this order upon the named defendants ( signed by USDJ David G. Larimer ) Notice and copy of order sent to Bernard J. Zolnowski Jr. (DMS) (Entered: 10/03/1995)

Sept. 29, 1995

Sept. 29, 1995

PACER
3

ORDER granting [2-1] plaintiff's motion to Proceed in Forma Pauperis; Clerk of the Court is directed to file the plaintiff's papers, and to cause the U.S. Marshal to serve copies of the summons, complaint, and this order upon the named defendants ( signed by USDJ David G. Larimer ) Notice and copy of order sent to Bernard J. Zolnowski Jr. (DMS) (Entered: 10/03/1995)

Sept. 29, 1995

Sept. 29, 1995

PACER

File forwarded to the Pro Se Department for issuance of summons (DMS)

Sept. 29, 1995

Sept. 29, 1995

PACER

File forwarded to the Pro Se Department for issuance of summons (DMS)

Sept. 29, 1995

Sept. 29, 1995

PACER

File forwarded to the Pro Se Department for issuance of summons (DMS)

Sept. 29, 1995

Sept. 29, 1995

PACER
4

AMENDED COMPLAINT by Bernard J. Zolnowski Jr. as to Bernard J. Zolnowski Jr. only (plaintiff filed amended complaint which included the names of four additional plaintiffs who were NOT granted in forma pauperis status - case was not filed as a class action), amending [1-1] complaint against Thomas Higgins, and terminating defendant Willie Brown (DMS) (Entered: 10/05/1995)

Oct. 4, 1995

Oct. 4, 1995

PACER
4

AMENDED COMPLAINT by Bernard J. Zolnowski Jr. as to Bernard J. Zolnowski Jr. only (plaintiff filed amended complaint which included the names of four additional plaintiffs who were NOT granted in forma pauperis status - case was not filed as a class action), amending [1-1] complaint against Thomas Higgins, and terminating defendant Willie Brown (DMS) (Entered: 10/05/1995)

Oct. 4, 1995

Oct. 4, 1995

PACER
4

AMENDED COMPLAINT by Bernard J. Zolnowski Jr. as to Bernard J. Zolnowski Jr. only (plaintiff filed amended complaint which included the names of four additional plaintiffs who were NOT granted in forma pauperis status - case was not filed as a class action), amending [1-1] complaint against Thomas Higgins, and terminating defendant Willie Brown (DMS) (Entered: 10/05/1995)

Oct. 4, 1995

Oct. 4, 1995

PACER
5

MOTION by Bernard J. Zolnowski Jr. for Appointment of Counsel, together with attached affidavit (DMS) (Entered: 11/27/1995)

Nov. 27, 1995

Nov. 27, 1995

PACER
5

MOTION by Bernard J. Zolnowski Jr. for Appointment of Counsel, together with attached affidavit (DMS) (Entered: 11/27/1995)

Nov. 27, 1995

Nov. 27, 1995

PACER
5

MOTION by Bernard J. Zolnowski Jr. for Appointment of Counsel, together with attached affidavit (DMS) (Entered: 11/27/1995)

Nov. 27, 1995

Nov. 27, 1995

PACER
6

CERTIFICATE OF SERVICE by Bernard J. Zolnowski Jr. (DMS) (Entered: 11/27/1995)

Nov. 27, 1995

Nov. 27, 1995

PACER
6

CERTIFICATE OF SERVICE by Bernard J. Zolnowski Jr. (DMS) (Entered: 11/27/1995)

Nov. 27, 1995

Nov. 27, 1995

PACER
6

CERTIFICATE OF SERVICE by Bernard J. Zolnowski Jr. (DMS) (Entered: 11/27/1995)

Nov. 27, 1995

Nov. 27, 1995

PACER
7

ORDER denying [5-1] plaintiff's motion for Appointment of Counsel ( signed by USDJ Richard J. Arcara ) Notice and copy of order sent to Bernard J. Zolnowski Jr. (DMS) (Entered: 12/27/1995)

Dec. 22, 1995

Dec. 22, 1995

PACER
7

ORDER denying [5-1] plaintiff's motion for Appointment of Counsel ( signed by USDJ Richard J. Arcara ) Notice and copy of order sent to Bernard J. Zolnowski Jr. (DMS) (Entered: 12/27/1995)

Dec. 22, 1995

Dec. 22, 1995

PACER
7

ORDER denying [5-1] plaintiff's motion for Appointment of Counsel ( signed by USDJ Richard J. Arcara ) Notice and copy of order sent to Bernard J. Zolnowski Jr. (DMS) (Entered: 12/27/1995)

Dec. 22, 1995

Dec. 22, 1995

PACER

SUMMONS(ES) issued for County of Erie, John J. Dray, Willie . Brown, NYS Comm of Correc., Thomas Higgins, pursuant to Pro Se Department (DMS)

Dec. 28, 1995

Dec. 28, 1995

PACER

SUMMONS(ES) issued for County of Erie, John J. Dray, Willie . Brown, NYS Comm of Correc., Thomas Higgins, pursuant to Pro Se Department (DMS)

Dec. 28, 1995

Dec. 28, 1995

PACER

SUMMONS(ES) issued for County of Erie, John J. Dray, Willie . Brown, NYS Comm of Correc., Thomas Higgins, pursuant to Pro Se Department (DMS)

Dec. 28, 1995

Dec. 28, 1995

PACER
8

NOTICE of attorney appearance for Bernard J. Zolnowski Jr. by Glenn E. Murray, Nan Lipsitz Haynes, and John A. Ziegler (DMS) Modified on 01/17/1996 (Entered: 01/05/1996)

Jan. 4, 1996

Jan. 4, 1996

PACER
8

NOTICE of attorney appearance for Bernard J. Zolnowski Jr. by Glenn E. Murray, Nan Lipsitz Haynes, and John A. Ziegler (DMS) Modified on 01/17/1996 (Entered: 01/05/1996)

Jan. 4, 1996

Jan. 4, 1996

PACER
8

NOTICE of attorney appearance for Bernard J. Zolnowski Jr. by Glenn E. Murray, Nan Lipsitz Haynes, and John A. Ziegler (DMS) Modified on 01/17/1996 (Entered: 01/05/1996)

Jan. 4, 1996

Jan. 4, 1996

PACER
9

MOTION by Bernard J. Zolnowski Jr. to Certify Class Action (DMS) (Entered: 01/08/1996)

Jan. 8, 1996

Jan. 8, 1996

PACER
9

MOTION by Bernard J. Zolnowski Jr. to Certify Class Action (DMS) (Entered: 01/08/1996)

Jan. 8, 1996

Jan. 8, 1996

PACER
9

MOTION by Bernard J. Zolnowski Jr. to Certify Class Action (DMS) (Entered: 01/08/1996)

Jan. 8, 1996

Jan. 8, 1996

PACER
10

MOTION by Bernard J. Zolnowski Jr. to Disqualify Opposing Counsel (DMS) (Entered: 01/08/1996)

Jan. 8, 1996

Jan. 8, 1996

PACER
10

MOTION by Bernard J. Zolnowski Jr. to Disqualify Opposing Counsel (DMS) (Entered: 01/08/1996)

Jan. 8, 1996

Jan. 8, 1996

PACER
10

MOTION by Bernard J. Zolnowski Jr. to Disqualify Opposing Counsel (DMS) (Entered: 01/08/1996)

Jan. 8, 1996

Jan. 8, 1996

PACER
11

ACKNOWLEDGMENT OF SERVICE regarding service of amended complaint as to Willie Brown 1/29/96 Answer due on 2/19/96 (DMS) (Entered: 02/07/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
11

ACKNOWLEDGMENT OF SERVICE regarding service of amended complaint as to Willie Brown 1/29/96 Answer due on 2/19/96 (DMS) (Entered: 02/07/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
11

ACKNOWLEDGMENT OF SERVICE regarding service of amended complaint as to Willie Brown 1/29/96 Answer due on 2/19/96 (DMS) (Entered: 02/07/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
12

ACKNOWLEDGMENT OF SERVICE as to County of Erie 1/29/96 Answer due on 2/19/96 (DMS) (Entered: 02/07/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
12

ACKNOWLEDGMENT OF SERVICE as to County of Erie 1/29/96 Answer due on 2/19/96 (DMS) (Entered: 02/07/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
12

ACKNOWLEDGMENT OF SERVICE as to County of Erie 1/29/96 Answer due on 2/19/96 (DMS) (Entered: 02/07/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
13

ACKNOWLEDGMENT OF SERVICE served on Willie Brown, Deputy Superintendent of the Erie County Holding Center, as to John J. Dray 1/29/96 Answer due on 2/19/96 for John J. Dray (DMS) (Entered: 02/07/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
13

ACKNOWLEDGMENT OF SERVICE served on Willie Brown, Deputy Superintendent of the Erie County Holding Center, as to John J. Dray 1/29/96 Answer due on 2/19/96 for John J. Dray (DMS) (Entered: 02/07/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
13

ACKNOWLEDGMENT OF SERVICE served on Willie Brown, Deputy Superintendent of the Erie County Holding Center, as to John J. Dray 1/29/96 Answer due on 2/19/96 for John J. Dray (DMS) (Entered: 02/07/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
14

ACKNOWLEDGMENT OF SERVICE regarding amended complaint, served on Carol Roth, Executive Assistant for Thomas Higgins 1/29/96, Answer due on 2/19/96 for Thomas Higgins (DMS) (Entered: 02/07/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
14

ACKNOWLEDGMENT OF SERVICE regarding amended complaint, served on Carol Roth, Executive Assistant for Thomas Higgins 1/29/96, Answer due on 2/19/96 for Thomas Higgins (DMS) (Entered: 02/07/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
14

ACKNOWLEDGMENT OF SERVICE regarding amended complaint, served on Carol Roth, Executive Assistant for Thomas Higgins 1/29/96, Answer due on 2/19/96 for Thomas Higgins (DMS) (Entered: 02/07/1996)

Feb. 2, 1996

Feb. 2, 1996

PACER
15

ANSWER by County of Erie, John J. Dray, Willie Brown, and Thomas Higgins (Attorneys Kenneth A. Schoetz and James A. McLeod) to amended complaint (DMS) (Entered: 02/16/1996)

Feb. 15, 1996

Feb. 15, 1996

PACER
15

ANSWER by County of Erie, John J. Dray, Willie Brown, and Thomas Higgins (Attorneys Kenneth A. Schoetz and James A. McLeod) to amended complaint (DMS) (Entered: 02/16/1996)

Feb. 15, 1996

Feb. 15, 1996

PACER
15

ANSWER by County of Erie, John J. Dray, Willie Brown, and Thomas Higgins (Attorneys Kenneth A. Schoetz and James A. McLeod) to amended complaint (DMS) (Entered: 02/16/1996)

Feb. 15, 1996

Feb. 15, 1996

PACER
16

ACKNOWLEDGMENT OF SERVICE as to NYS Comm of Correc. 2/7/96 as to Amended Complaint; Answer due on 2/27/96 (DMS) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

PACER
16

ACKNOWLEDGMENT OF SERVICE as to NYS Comm of Correc. 2/7/96 as to Amended Complaint; Answer due on 2/27/96 (DMS) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

PACER
16

ACKNOWLEDGMENT OF SERVICE as to NYS Comm of Correc. 2/7/96 as to Amended Complaint; Answer due on 2/27/96 (DMS) (Entered: 02/20/1996)

Feb. 16, 1996

Feb. 16, 1996

PACER
17

ORIGINAL SUMMONS filed. (DMS) (Entered: 03/04/1996)

Feb. 29, 1996

Feb. 29, 1996

PACER
17

ORIGINAL SUMMONS filed. (DMS) (Entered: 03/04/1996)

Feb. 29, 1996

Feb. 29, 1996

PACER
17

ORIGINAL SUMMONS filed. (DMS) (Entered: 03/04/1996)

Feb. 29, 1996

Feb. 29, 1996

PACER
18

Return of service unexecuted as to NYS Comm of Correc. (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
18

Return of service unexecuted as to NYS Comm of Correc. (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
18

Return of service unexecuted as to NYS Comm of Correc. (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
19

Return of service unexecuted as to the Erie County Holding Center (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
19

Return of service unexecuted as to the Erie County Holding Center (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
19

Return of service unexecuted as to the Erie County Holding Center (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
20

Return of service unexecuted as to County of Erie (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
20

Return of service unexecuted as to County of Erie (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
20

Return of service unexecuted as to County of Erie (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
21

Return of service unexecuted as to John J. Dray (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
21

Return of service unexecuted as to John J. Dray (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
21

Return of service unexecuted as to John J. Dray (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
22

Return of service unexecuted as to Thomas Higgins (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
22

Return of service unexecuted as to Thomas Higgins (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
22

Return of service unexecuted as to Thomas Higgins (DMS) (Entered: 03/04/1996)

March 4, 1996

March 4, 1996

PACER
23

ANSWER by NYS Comm of Corrections (Attorney Ralph Visano) to amended complaint (DMS) (Entered: 03/25/1996)

March 22, 1996

March 22, 1996

PACER
23

ANSWER by NYS Comm of Corrections (Attorney Ralph Visano) to amended complaint (DMS) (Entered: 03/25/1996)

March 22, 1996

March 22, 1996

PACER
23

ANSWER by NYS Comm of Corrections (Attorney Ralph Visano) to amended complaint (DMS) (Entered: 03/25/1996)

March 22, 1996

March 22, 1996

PACER
24

ORDER REFERRING CASE to USMJ Leslie G. Foschio for all pretrial matters including: 1) conduct of a scheduling conference and entry of a scheduling order; 2) hearing/disposition of all non-dispositive motions/applications and supervision of discovery 3) supervision of all procedural matters involving the aforementioned or involving the preparation of the case ( signed by USDJ Richard J. Arcara ) Notice and copy sent to James A.W. McLeod, Ralph Visano, John A. Ziegler, Nan Lipsitz Haynes, Glenn E. Murray, Bernard J. Zolnowski Jr.. (DMS) (Entered: 05/17/1996)

May 15, 1996

May 15, 1996

PACER
24

ORDER REFERRING CASE to USMJ Leslie G. Foschio for all pretrial matters including: 1) conduct of a scheduling conference and entry of a scheduling order; 2) hearing/disposition of all non-dispositive motions/applications and supervision of discovery 3) supervision of all procedural matters involving the aforementioned or involving the preparation of the case ( signed by USDJ Richard J. Arcara ) Notice and copy sent to James A.W. McLeod, Ralph Visano, John A. Ziegler, Nan Lipsitz Haynes, Glenn E. Murray, Bernard J. Zolnowski Jr.. (DMS) (Entered: 05/17/1996)

May 15, 1996

May 15, 1996

PACER
24

ORDER REFERRING CASE to USMJ Leslie G. Foschio for all pretrial matters including: 1) conduct of a scheduling conference and entry of a scheduling order; 2) hearing/disposition of all non-dispositive motions/applications and supervision of discovery 3) supervision of all procedural matters involving the aforementioned or involving the preparation of the case ( signed by USDJ Richard J. Arcara ) Notice and copy sent to James A.W. McLeod, Ralph Visano, John A. Ziegler, Nan Lipsitz Haynes, Glenn E. Murray, Bernard J. Zolnowski Jr.. (DMS) (Entered: 05/17/1996)

May 15, 1996

May 15, 1996

PACER

NOTICE: Preliminary Pre-trial conference set at 2:00 on 6/24/96 before Magistrate Judge Foschio (DMS)

May 22, 1996

May 22, 1996

PACER

NOTICE: Preliminary Pre-trial conference set at 2:00 on 6/24/96 before Magistrate Judge Foschio (DMS)

May 22, 1996

May 22, 1996

PACER

NOTICE: Preliminary Pre-trial conference set at 2:00 on 6/24/96 before Magistrate Judge Foschio (DMS)

May 22, 1996

May 22, 1996

PACER
25

MEMORANDUM by Bernard J. Zolnowski Jr. in support of [9-1] motion to Certify Class Action (DMS) (Entered: 06/06/1996)

June 6, 1996

June 6, 1996

PACER
25

MEMORANDUM by Bernard J. Zolnowski Jr. in support of [9-1] motion to Certify Class Action (DMS) (Entered: 06/06/1996)

June 6, 1996

June 6, 1996

PACER
25

MEMORANDUM by Bernard J. Zolnowski Jr. in support of [9-1] motion to Certify Class Action (DMS) (Entered: 06/06/1996)

June 6, 1996

June 6, 1996

PACER
27

CERTIFICATE OF SERVICE by Bernard J. Zolnowski Jr. as to 'Memorandum of Law in Support of Motion for Class action Certification'. (DMS) (Entered: 06/21/1996)

June 6, 1996

June 6, 1996

PACER
27

CERTIFICATE OF SERVICE by Bernard J. Zolnowski Jr. as to 'Memorandum of Law in Support of Motion for Class action Certification'. (DMS) (Entered: 06/21/1996)

June 6, 1996

June 6, 1996

PACER
27

CERTIFICATE OF SERVICE by Bernard J. Zolnowski Jr. as to 'Memorandum of Law in Support of Motion for Class action Certification'. (DMS) (Entered: 06/21/1996)

June 6, 1996

June 6, 1996

PACER
26

MEMORANDUM OF LAW by Dennis Gorski, County of Erie, John J. Dray, NYS Comm of Correc., and Thomas Higgins in opposition to [9-1] motion to Certify Class Action by Bernard J. Zolnowski Jr. (DMS) (Entered: 06/17/1996)

June 17, 1996

June 17, 1996

PACER
26

MEMORANDUM OF LAW by Dennis Gorski, County of Erie, John J. Dray, NYS Comm of Correc., and Thomas Higgins in opposition to [9-1] motion to Certify Class Action by Bernard J. Zolnowski Jr. (DMS) (Entered: 06/17/1996)

June 17, 1996

June 17, 1996

PACER
26

MEMORANDUM OF LAW by Dennis Gorski, County of Erie, John J. Dray, NYS Comm of Correc., and Thomas Higgins in opposition to [9-1] motion to Certify Class Action by Bernard J. Zolnowski Jr. (DMS) (Entered: 06/17/1996)

June 17, 1996

June 17, 1996

PACER
28

CONSENT TO PROCEED before Magistrate, with appeal to Second Circuit and Order Referring Case to USMJ Leslie G. Foschio ( signed by USDJ Richard J. Arcara ) Notice and copy to James A.W. McLeod, Ralph Visano, John A. Ziegler, Nan Lipsitz Haynes, Glenn E. Murray, Bernard J. Zolnowski Jr. (DMS) (Entered: 07/15/1996)

July 12, 1996

July 12, 1996

PACER
28

CONSENT TO PROCEED before Magistrate, with appeal to Second Circuit and Order Referring Case to USMJ Leslie G. Foschio ( signed by USDJ Richard J. Arcara ) Notice and copy to James A.W. McLeod, Ralph Visano, John A. Ziegler, Nan Lipsitz Haynes, Glenn E. Murray, Bernard J. Zolnowski Jr. (DMS) (Entered: 07/15/1996)

July 12, 1996

July 12, 1996

PACER
28

CONSENT TO PROCEED before Magistrate, with appeal to Second Circuit and Order Referring Case to USMJ Leslie G. Foschio ( signed by USDJ Richard J. Arcara ) Notice and copy to James A.W. McLeod, Ralph Visano, John A. Ziegler, Nan Lipsitz Haynes, Glenn E. Murray, Bernard J. Zolnowski Jr. (DMS) (Entered: 07/15/1996)

July 12, 1996

July 12, 1996

PACER

Scheduling conference held. Consent to proceed before a magistrate judge signed/forwarded to Judge Arcara for approval. Plaintiff to withdraw disqualification motion as to Attorneys J. McLeod and K. Schoetz. State defendant to respond to plaintiff's motion for class certification by 08/30/96. Defendant's motion to disqualify S. Abbatte as of counsel to plaintiff to be filed by 07/16/96 at 10:00 a.m.; plaintiff's response shall be filed by 07/18/96 at 03:00 p.m.; oral argument scheduled for 07/19/96 at 10:00 a.m.; preliminary injunction hearing scheduled 07/22/96 to 07/23/96 - LGF (DMS)

July 12, 1996

July 12, 1996

PACER

Scheduling conference held. Consent to proceed before a magistrate judge signed/forwarded to Judge Arcara for approval. Plaintiff to withdraw disqualification motion as to Attorneys J. McLeod and K. Schoetz. State defendant to respond to plaintiff's motion for class certification by 08/30/96. Defendant's motion to disqualify S. Abbatte as of counsel to plaintiff to be filed by 07/16/96 at 10:00 a.m.; plaintiff's response shall be filed by 07/18/96 at 03:00 p.m.; oral argument scheduled for 07/19/96 at 10:00 a.m.; preliminary injunction hearing scheduled 07/22/96 to 07/23/96 - LGF (DMS)

July 12, 1996

July 12, 1996

PACER

Scheduling conference held. Consent to proceed before a magistrate judge signed/forwarded to Judge Arcara for approval. Plaintiff to withdraw disqualification motion as to Attorneys J. McLeod and K. Schoetz. State defendant to respond to plaintiff's motion for class certification by 08/30/96. Defendant's motion to disqualify S. Abbatte as of counsel to plaintiff to be filed by 07/16/96 at 10:00 a.m.; plaintiff's response shall be filed by 07/18/96 at 03:00 p.m.; oral argument scheduled for 07/19/96 at 10:00 a.m.; preliminary injunction hearing scheduled 07/22/96 to 07/23/96 - LGF (DMS)

July 12, 1996

July 12, 1996

PACER

Deadline updated; Response to Motion reset to 8/30/96 for [9-1] motion to Certify Class Action, set Motion Filing deadline to 10:00 7/16/96, Motion Hearing set for 10:00 7/19/96 for [9-1] motion to Certify Class Action, and Motion Hearing set for 7/22/96 for [32-2] motion Preliminary Injunction (DMS)

July 12, 1996

July 12, 1996

PACER

Deadline updated; Response to Motion reset to 8/30/96 for [9-1] motion to Certify Class Action, set Motion Filing deadline to 10:00 7/16/96, Motion Hearing set for 10:00 7/19/96 for [9-1] motion to Certify Class Action, and Motion Hearing set for 7/22/96 for [32-2] motion Preliminary Injunction (DMS)

July 12, 1996

July 12, 1996

PACER

Deadline updated; Response to Motion reset to 8/30/96 for [9-1] motion to Certify Class Action, set Motion Filing deadline to 10:00 7/16/96, Motion Hearing set for 10:00 7/19/96 for [9-1] motion to Certify Class Action, and Motion Hearing set for 7/22/96 for [32-2] motion Preliminary Injunction (DMS)

July 12, 1996

July 12, 1996

PACER
29

ORDER: Defendants shall file their Response to Motion by plaintiff by 7/18/96 re: [9-1] motion for leave for late service of complaint and amended complaint ; Motion Hearing set for 10:00 on 7/19/96 for [9-1] plaintiff's motion ( signed by USMJ Leslie G. Foschio ) Notice and copy of order sent James A.W. McLeod, Ralph Visano, John A. Ziegler, Nan Lipsitz Haynes, Glenn E. Murray, Bernard J. Zolnowski Jr. *Per chambers, parties received copies (DMS) (Entered: 07/15/1996)

July 15, 1996

July 15, 1996

PACER

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Key Dates

Filing Date: Sept. 8, 1995

Closing Date: 1998

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

inmates at the Erie County Holding Center in Buffalo, New York

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Erie County Holding Center (Erie), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1997 - 0

Content of Injunction:

Reporting

Monitoring

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Type of Facility:

Government-run