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 However, this motion was withdrawn two days later.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


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

Last updated Jan. 23, 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

2

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

Sept. 8, 1995

Sept. 8, 1995

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

File forwarded to the Pro Se Department for issuance of summons (DMS) (Entered: 10/03/1995)

Sept. 29, 1995

Sept. 29, 1995

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

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

6

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

Nov. 27, 1995

Nov. 27, 1995

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

SUMMONS(ES) issued for County of Erie, John J. Dray, Willie . Brown, NYS Comm of Correc., Thomas Higgins, pursuant to Pro Se Department (DMS) (Entered: 01/02/1996)

Dec. 28, 1995

Dec. 28, 1995

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

9

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

Jan. 8, 1996

Jan. 8, 1996

10

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

Jan. 8, 1996

Jan. 8, 1996

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

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

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

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

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

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

17

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

Feb. 29, 1996

Feb. 29, 1996

18

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

March 4, 1996

March 4, 1996

19

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

March 4, 1996

March 4, 1996

20

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

March 4, 1996

March 4, 1996

21

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

March 4, 1996

March 4, 1996

22

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

March 4, 1996

March 4, 1996

23

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

March 22, 1996

March 22, 1996

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

NOTICE: Preliminary Pre-trial conference set at 2:00 on 6/24/96 before Magistrate Judge Foschio (DMS) (Entered: 05/22/1996)

May 22, 1996

May 22, 1996

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

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

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

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) (Entered: 07/18/1996)

July 12, 1996

July 12, 1996

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) (Entered: 07/18/1996)

July 12, 1996

July 12, 1996

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

30

MOTION by Bernard J. Zolnowski Jr. for and order granting leave to authorize late service of the amended complaint and the complaint beyond the 120 day limitation , together with attached affidavit (DMS) (Entered: 07/16/1996)

July 15, 1996

July 15, 1996

31

MOTION by Dennis Gorski, County of Erie, Thomas Higgins, John Dray and Freerick Netzel to disqualify plaintiff's attorney (DMS) (Entered: 07/16/1996)

July 16, 1996

July 16, 1996

32

MOTION by Bernard J. Zolnowski Jr. for expedited hearing and Preliminary Injunction , together with attached affidavit and exhibits (DMS) (Entered: 07/16/1996)

July 16, 1996

July 16, 1996

33

MEMORANDUM by Bernard J. Zolnowski Jr. in support of [32-2] motion for Preliminary Injunction (DMS) (Entered: 07/17/1996)

July 16, 1996

July 16, 1996

35

RESPONSE/AFFIDAVIT of James A.W. McLeod, counsel for County of Erie, John J. Dray, and Thomas Higgins in opposition to [30-1] motion for and order granting leave to authorize late service of the amended complaint and the complaint beyond the 120 day limitation by Bernard J. Zolnowski Jr. (DMS) (Entered: 07/18/1996)

July 17, 1996

July 17, 1996

34

MEMORANDUM by Bernard J. Zolnowski Jr. in support of [30-1] motion for and order granting leave to authorize late service of the amended complaint and the complaint beyond the 120 day limitation (DMS) (Entered: 07/18/1996)

July 18, 1996

July 18, 1996

36

AFFIDAVIT of Salvatore P. Abbate, Esq. in opposition to [31-1] motion to disqualify plaintiff's attorney by John J. Dray, County of Erie (DMS) (Entered: 07/18/1996)

July 18, 1996

July 18, 1996

37

Subpoena issued as to: News Director, WKBW Newschannel 7 by counsel for plaintiffs (DMS) (Entered: 07/18/1996)

July 18, 1996

July 18, 1996

38

Subpoena issued as to: John Dray, Deputy Sheriff, issued by plaintiff (DMS) (Entered: 07/18/1996)

July 18, 1996

July 18, 1996

39

Subpoena issued as to Thomas Higgins, Sheriff, by plaintiff's counsel (DMS) (Entered: 07/18/1996)

July 18, 1996

July 18, 1996

40

Subpoena as to Frederick Netzel, Superintendent, Erie County Holding Center by counsel for plaintiff (DMS) (Entered: 07/18/1996)

July 18, 1996

July 18, 1996

41

Subpoena as to: Robert Koch, Deputy Sheriff, Erie County Sheriff's Department, by counsel for plaintiff (DMS) (Entered: 07/18/1996)

July 18, 1996

July 18, 1996

42

Subpoena issued as to Ronald Gospodarski, Deputy Sheriff, by counsel for plaintiff (DMS) (Entered: 07/18/1996)

July 18, 1996

July 18, 1996

43

Subpoena as to Judith Watson Kiebler, R.N., issued by counsel for plaintiff (DMS) (Entered: 07/18/1996)

July 18, 1996

July 18, 1996

44

MOTION by County of Erie, John J. Dray, NYS Comm of Correc., and Thomas Higgins to Dismiss , together with attached affidavit (DMS) Modified on 07/22/1996 (Entered: 07/19/1996)

July 18, 1996

July 18, 1996

45

MEMORANDUM by County of Erie, John J. Dray, NYS Comm of Correc., Thomas Higgins in support of [44-1] motion to Dismiss (DMS) (Entered: 07/19/1996)

July 18, 1996

July 18, 1996

46

ORDER granting [30-1] plaintiff's motion for and order granting leave to authorize late service of the amended complaint and the complaint beyond the 120 day limitation; the 120 period is extended up to and including July 22, 1996 at 12:00 noon; as to the amended complaint, plaintiffs' motion is granted; the one hundred twenty (120) period provided by Federal Rules of Civil Procedure 4(m) is extended nunc pro tunc to February 7, 1996 ( signed by USMJ Leslie G. Foschio ) Notice and copy of order sent to James A.W. McLeod, Ralph Visano, John A. Ziegler, Nan Lipsitz Haynes, Glenn E. Murray, Bernard J. Zolnowski Jr. (DMS) (Entered: 07/19/1996)

July 19, 1996

July 19, 1996

47

AFFIDAVIT of Alan S. Hoffman in support of allegations contained in the affidavit of Bernard J Zolnowski, Jr. (DMS) (Entered: 07/22/1996)

July 19, 1996

July 19, 1996

48

AFFIDAVIT of Anna Marie Richmond, former Pro Se Law Clerk for the U.S. District Court, Western District (DMS) (Entered: 07/22/1996)

July 19, 1996

July 19, 1996

52

MOTION by County of Erie, John J. Dray, Thomas Higgins, and the Erie County Holding Center for an order to join as necessary defendants to this action, the New York State Division of Parole and the New York State Division of Correctional Services , together with attached affidavit (DMS) (Entered: 07/22/1996)

July 19, 1996

July 19, 1996

Oral argument/motion hearing re: [31-1] motion to disqualify plaintiff's attorney by John J. Dray, County of Erie (decision reserved); [30-1] motion for an order granting leave to authorize late service of the amended complaint and the complaint beyond the 120 day limitation by Bernard J. Zolnowski Jr. (granted - order to be filed ) (DMS) (Entered: 07/23/1996)

July 19, 1996

July 19, 1996

49

MOTION by County of Erie, John J. Dray, Thomas Higgins, and the Erie County Holding Center to Dismiss , together with attached affidavit; Motion Hearing set for 9:00 on 7/22/96 (DMS) (Entered: 07/22/1996)

July 22, 1996

July 22, 1996

50

MEMORANDUM by Bernard J. Zolnowski Jr. in support of [49-1] motion to Dismiss by Thomas Higgins, John J. Dray, County of Erie, Erie County Holding Center (DMS) (Entered: 07/22/1996)

July 22, 1996

July 22, 1996

51

AFFIDAVIT by County of Erie, John J. Dray, Thomas Higgins, and the Erie County Holding Center; in opposition to [32-1] motion for expedited hearing by Bernard J. Zolnowski Jr., and [32-2] motion Preliminary Injunction by Bernard J. Zolnowski Jr. (DMS) (Entered: 07/22/1996)

July 22, 1996

July 22, 1996

Exhibit "F" received. (Part of Motion filed 7/22/96 - Document #49) (DMS) (Entered: 07/22/1996)

July 22, 1996

July 22, 1996

Exhibit "F" received. Part of motion filed by defendants on 07/22/96 - Document #49) (DMS) (Entered: 07/22/1996)

July 22, 1996

July 22, 1996

53

ACKNOWLEDGMENT OF SERVICE as to County of Erie, John J. Dray, and Willie Brown 7/22/96 Answer due on 8/12/96 (DMS) (Entered: 07/22/1996)

July 22, 1996

July 22, 1996

54

Subpoena as to R. Gil Kerlikowske, Commissioner of the Buffalo Police Department for 07/22/96 at 09:00 a.m. (DMS) (Entered: 07/22/1996)

July 22, 1996

July 22, 1996

56

ORDER granting [31-1] defendant's motion to disqualify plaintiff's attorney, Salvatore P. Abbate ( signed by USMJ Leslie G. Foschio ) Notice and copy of order sent to James A.W. McLeod, Ralph Visano, John A. Ziegler, Nan Lipsitz Haynes, Glenn E. Murray, Bernard J. Zolnowski Jr. (DMS) (Entered: 07/23/1996)

July 22, 1996

July 22, 1996

Oral argument on Motions: Motion [44-1] to Dismiss by Thomas Higgins, NYS Comm of Correc., John J. Dray, County of Erie granted; decision reserved on [32-1] motion for expedited hearing by Bernard J. Zolnowski Jr. and [32-2] motion for Preliminary Injunction; Defendant, New York State Commission of Corrections, to dismiss - no opposition from plaintiff - granted; Defendant, County of Erie, for order joining as necessary, defendants NY State Division of Parole and NYS Div. of Correctional Services per Rule 19 - denied; Defendant, County of Erie, to dismiss under Rule 12(b)(6) and Rule 11, decision reserved; Plaintiff's motion to certify class action [9-1], motion still pending; motion hearing continued to 07/23/96 at 09:00 a.m. Preliminary Injunction hearing date to be determined - LGF (DMS) (Entered: 07/24/1996)

July 22, 1996

July 22, 1996

55

MOTION by Bernard J. Zolnowski Jr. for an order to Amend complaint (DMS) (Entered: 07/23/1996)

July 23, 1996

July 23, 1996

Status conference held. Defendants were directed to respond to plaintiff's authorities re: standing and Rule 11 by 07/24/96 at 05:00 p.m. Response to plaintiff's motion for leave to file a 2nd amended complaint due 07/25/96 at 12:00 p.m. Oral argument re: plaintiffs standing, Rule 11 issues and motion for leave to file 2nd amended complaint and motion for class certification continued to 07/25/96 at 02:00 p.m. - LGF (DMS) (Entered: 07/31/1996)

July 23, 1996

July 23, 1996

Motion hearing re: [9-1] motion to Certify Class Action by Bernard J. Zolnowski Jr. at 2:00 7/25/96 (DMS) (Entered: 07/31/1996)

July 23, 1996

July 23, 1996

Motion hearing re: [55-1] motion for an order to Amend complaint by Bernard J. Zolnowski Jr. held. Discussion regarding same as well as existing motions and scheduling order possibility. Parties to report back at 07/23/96 at 04:15 p.m. - LGF (DMS) (Entered: 07/31/1996)

July 23, 1996

July 23, 1996

57

ATTORNEY SUPPLEMENTAL AFFIDAVIT of Nan Lipsitz Haynes, counsel for plaintiff, in support of [32-1] motion for expedited hearing [32-2] and motion Preliminary Injunction by Bernard J. Zolnowski Jr. (DMS) (Entered: 07/25/1996)

July 25, 1996

July 25, 1996

58

AFFIDAVIT by County of Erie, John J. Dray, Thomas Higgins and the Erie County Holding Center, in opposition to [55-1] motion for an order to Amend complaint by Bernard J. Zolnowski Jr. (DMS) (Entered: 07/25/1996)

July 25, 1996

July 25, 1996

Motion hearing re: [55-1] motion for an order to Amend complaint by Bernard J. Zolnowski Jr.. Decision reserved - LGF (DMS) (Entered: 07/31/1996)

July 25, 1996

July 25, 1996

59

ORDER: The motion [44-1] to dismiss as it pertains to the NY State Commission of Corrections is granted and action is dismissed against the New York State Commission of Corrections ( signed by USMJ Leslie G. Foschio ) Notice and copy of order sent to James A.W. McLeod, Ralph Visano, John A. Ziegler, Nan Lipsitz Haynes, Glenn E. Murray, Bernard J. Zolnowski Jr. (DMS) (Entered: 07/29/1996)

July 26, 1996

July 26, 1996

Minute entry: Court rulings on pending motions: Court reads into the record its drafted Decision and Order. Finalized Decision and Order to be filed. Plaintiff requests court to visit the Erie County Holding Center to view the facility and conditions. Defendant opposes and requests plaintiff be restricted to presenting evidence via testimony and proof. Court will take testimony and reserve visiting holding center at this time. Plaintiff reserves right to renew its motion. Preliminary injunction hearing dates will be as follows: 07/29/96 at 01:30; 07/30/96 at 11:00-01:00pm., 02:30 p.m. to close of business; 07/31/96 at 09:00 a.m and possibly the afternoon. 08/0196 at 09-10:00 a.m., 11:00 a.m.-12:00; 01:15 p.m. to close of business, 08/02/96 at 09:00 a.m.; week of 08/05/96 to be determined if necessary - LGF (DMS) (Entered: 07/31/1996)

July 26, 1996

July 26, 1996

60

MOTION by County of Erie, John J. Dray, NYS Comm of Correc., and Thomas Higgins in opposition to plaintiffs' position on the issues of Rule 11, standing and class certification (DMS) (Entered: 07/29/1996)

July 29, 1996

July 29, 1996

Preliminary Injunction Hearing held. Proceedings adjourned to 11:00 on 7/30/96 - LGF (DMS) (Entered: 07/31/1996)

July 29, 1996

July 29, 1996

61

Subpoena in a Civil Case returned executed as to Ronald Gospodarski, Deputy Sheriff (DMS) (Entered: 08/07/1996)

July 29, 1996

July 29, 1996

62

Subpoena returned executed as to Thomas Higgins, Sheriffs - Erie County Sheriff's Department (DMS) (Entered: 08/07/1996)

July 29, 1996

July 29, 1996

63

Subpoena returned executed as to Joseph Liebergall, Chief, Erie County Forensic Mental Health Service Div. (DMS) (Entered: 08/07/1996)

July 29, 1996

July 29, 1996

64

DECISION AND ORDER: Defendants' motion [49-1] to dismiss amended complaint is denied as to plaintiff Zolnowski. As to the other named plaintiffs, Craig James, Anthony Hayes, Dennis Hopkins, Jr., and Dennis Hopkins, Jr., the motion is granted, unless such plaintiffs shall execute the amended complaint within ten days of service of this order, in which even it will be denied as moot; plaintiff's motion [55-1] for leave to file a second amended complaint is granted on condition that it is served/filed no later than 10 a.m. July 29, 1996. It also appears that plaintiffs James, Hayes, and the Hopkins' had earlier moved for permission to proceed in forma pauperis but that these requests had not been acted upon. Upon execution of the amended complaint for each plaintiff, the request will be granted, nunc pro tunc. Additionally, as at least one or more new parties will thereby enter the action it will be necessary for their attorney to execute on their behalf a supplemental consent to proceed before the magistrate judge at the same time as the amended complaint is filed; upon considering the plaintiffs' motion [9-1] for class certification, the court finds that the amended complaint and the proposed second amended complaint adequately plead a class action and motion for class certification is granted. The Plaintiff class shall include any persons detained for pretrial purposes or otherwise incarcerated at the Erie County Holding Center during the period 09/08/95 to the present date and any persons who may be so detained or incarcerated in the future ( signed by USMJ Leslie G. Foschio ) Notice and copy of order sent to James A.W. McLeod, John A. Ziegler, Nan Lipsitz Haynes, Glenn E. Murray, Bernard J. Zolnowski Jr. (DMS) (Entered: 08/07/1996)

July 29, 1996

July 29, 1996

WRIT of Habeas Corpus ad Testificandum issued for Anthony Lee on 07/31/96 at 10:30 a.m. (DMS) (Entered: 07/31/1996)

July 30, 1996

July 30, 1996

WRIT of Habeas Corpus Ad Testificandum issued as to Richard Watroba for 07/31/96 at 10:30 am. before Magistrate Judge Foschio. (DMS) (Entered: 07/31/1996)

July 30, 1996

July 30, 1996

Preliminary Injunction Hearing held. Proceedings adjourned to 08/01/96 at 10:30 a.m. - LGF (DMS) (Entered: 08/07/1996)

July 31, 1996

July 31, 1996

Preliminary Injunction Hearing held. Exhibits entered into evidence. Proceeding adjourned to 08/02/96 at 08:30 a.m. Parties to meet in the lobby of the U.S. Courthouse. Two attorneys for plaintiff and defense counsel along with the court to tour the Erie County Holding Center - no court reporter or courtroom deputy needed. Plaintiff requests to attend. Defendants oppose unlesss plaintiff remains mute. Court authorized plaintiff's attendence as long as plaintiff submits to possible search by the Erie County Sheriffs Department and remains mute - LGF (DMS) (Entered: 08/07/1996)

Aug. 1, 1996

Aug. 1, 1996

Preliminary Injunction Hearing held. Continued from 08/01/96. N. Haynes and J. Zieler with plaintiff; J. McLeod and US Magistrate Judge Foschio. Court tours Erie County Holding Center with parties - LGF (DMS) (Entered: 08/07/1996)

Aug. 2, 1996

Aug. 2, 1996

65

MEMORANDUM OF LAW by defendants in response to [32-2] motion Preliminary Injunction. (JMD) (Entered: 08/12/1996)

Aug. 9, 1996

Aug. 9, 1996

66

PROPOSED FINDINGS OF FACT by plaintiff in support of [32-2] motion Preliminary Injunction. (JMD) (Entered: 08/12/1996)

Aug. 9, 1996

Aug. 9, 1996

Oral argument/Status conference held. Discussed various issues regarding preliminary injunction motion- LGF (DMS) (Entered: 10/04/1996)

Sept. 26, 1996

Sept. 26, 1996

67

ORDER granting in part, denying in part [32-2] plaintiff's motion for a preliminary Injunction; parties shall meet with the court on October 28, 1996 at 02:00 p.m. to schedule further proceedings in this matter *Per chambers, parties received copies of order in person on 10/4/96 ( signed by USMJ Leslie G. Foschio ) Notice and copy of order sent to James A.W. McLeod, John A. Ziegler, Nan Lipsitz Haynes, Glenn E. Murray, Bernard J. Zolnowski Jr. (DMS) Modified on 10/04/1996 (Entered: 10/04/1996)

Oct. 3, 1996

Oct. 3, 1996

Status conference set at 2:00 10/28/96 (DMS) (Entered: 10/04/1996)

Oct. 3, 1996

Oct. 3, 1996

Notice: Pre-trial conference scheduled for 10/28/96 has been adjourned to 9:00 on 11/1/96 - LGF (DMS) (Entered: 10/11/1996)

Oct. 10, 1996

Oct. 10, 1996

Scheduling conference held. Further conference scheduled for 12/02/96 at 02:30 p.m. - LGF (DMS) (Entered: 11/05/1996)

Nov. 1, 1996

Nov. 1, 1996

Scheduling conference set on 2:30 12/2/96 (DMS) (Entered: 11/05/1996)

Nov. 1, 1996

Nov. 1, 1996

68

AFFIDAVIT of Nan L. Haynes, counsel for Bernard J. Zolnowski Jr., in support of plaintiffs' request for fees and costs pendente lite (DMS) (Entered: 11/22/1996)

Nov. 21, 1996

Nov. 21, 1996

69

AFFIDAVIT of Glenn Edward Murray, counsel for Bernard J. Zolnowski Jr., in support of plaintiff's request for fees and costs pendente lite (DMS) (Entered: 11/22/1996)

Nov. 21, 1996

Nov. 21, 1996

73

AFFIDAVIT by Bernard J. Zolnowski Jr. in support of [68-1], [69-1] affidavits by plaintiff's counsel for attorneys' fees (DMS) (Entered: 12/05/1996)

Nov. 22, 1996

Nov. 22, 1996

70

MOTION by County of Erie, John J. Dray, Thomas Higgins, and the Erie County Holding Center to join additional party defendants , together with affidavit and exhibits (DMS) (Entered: 12/02/1996)

Nov. 27, 1996

Nov. 27, 1996

71

BRIEF/MEMORANDUM by County of Erie, John J. Dray, Thomas Higgins, and the Erie County Holding Center in support of [70-1] motion to join additional party defendants (DMS) (Entered: 12/02/1996)

Nov. 27, 1996

Nov. 27, 1996

Pre-trial conference held. Further pretrial conference scheduled for 12/06/96 at 02:30 p.m. - LGF (DMS) (Entered: 12/06/1996)

Dec. 2, 1996

Dec. 2, 1996

Pre-trial conference set at 2:30 12/6/96 (DMS) (Entered: 12/06/1996)

Dec. 2, 1996

Dec. 2, 1996

72

AFFIDAVIT of James A.W. McLeod, counsel for defendants (DMS) (Entered: 12/04/1996)

Dec. 3, 1996

Dec. 3, 1996

74

AFFIDAVIT of David Gerald Jay, Esq. to set forth opinion concerning attorney's fees rates (DMS) (Entered: 12/09/1996)

Dec. 6, 1996

Dec. 6, 1996

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