University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Ingles v. Toro JC-NY-0023
Docket / Court 1:01-cv-08279-DC-DCF ( S.D.N.Y. )
State/Territory New York
Case Type(s) Jail Conditions
Case Summary
On September 5, 2001, Adam Ingles filed this pro se lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York. Plaintiff eventually obtained counsel (attorneys from Legal Aid Society of Brooklyn and private counsel) the case was amended to add 21 ... read more >
On September 5, 2001, Adam Ingles filed this pro se lawsuit pursuant to 42 U.S.C. § 1983 in the U.S. District Court for the Southern District of New York. Plaintiff eventually obtained counsel (attorneys from Legal Aid Society of Brooklyn and private counsel) the case was amended to add 21 additional plaintiffs and to assert class action allegation. The District Court (Judge Denny Chin) granted class certification was granted on February 20, 2003. Ingles v. City of New York, 2003 WL 402565 (S.D.N.Y. Feb. 20, 2003). Plaintiffs amended their complaint several times, with the Fourth Amended Complaint being filed on August 25, 2003.

Plaintiffs alleged that they were subjected to a pattern and practice of excessive force by uniformed employees of the New York City Department of Correction ("DOC"), while incarcerated at institutions operated by DOC

on Rikers Island and in Manhattan, Queens, and the Bronx. Plaintiffs sought declaratory and injunctive relief on behalf of the class, as well as damages for their individual injuries.

After the parties engaged in massive discovery, during which some 400,000 pages of documents were exchanged, settlement negotiations commenced under the supervision of Magistrate Judge Debra C. Freeman

The parties entered into a private settlement agreement, which resolved the class claims for equitable relief. The Agreement called for reforms to the DOC's use of force policy, investigations, training, and monitoring and tracking. The Agreement called for the City to pay attorneys fees and costs in the amount of $1.45 million to two private law firms, with the firms and Legal Aid agreeing to waive further fees and costs. The Agreement was approved by the District Court (Judge Chin) on April 3, 2006.

By a separate stipulation signed on February 17, 2006, the parties settled the named plaintiffs' individual claims for damages for amounts that ranged from $15,000 to $575,000 and totaled $2,213.000.

On April 4, 2006, the District Court entered an order of dismissal with prejudice.

Dan Dalton - 02/10/2007


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Issues and Causes of Action
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Issues
Affected Gender
Male
General
Assault/abuse by staff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Dept. of Corrections NYC
Plaintiff Description Inmates subjected to excessive force while incarcerated at institutions operated by DOC on Rikers Island and in Manhattan, Queens, and the Bronx.
Indexed Lawyer Organizations None on record
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2006
Case Ongoing No
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
1:01-cv-08279-DC-DCF (S.D.N.Y.) 04/27/2006
JC-NY-0023-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Fourth Amended Complaint 08/11/2003
JC-NY-0023-0002 PDF | Detail
Opinion 04/03/2006 (438 F.Supp.2d 203) (S.D.N.Y.)
JC-NY-0023-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Plaintiffs' counsel
Judges Chin, Denny (Second Circuit, S.D.N.Y.)
JC-NY-0023-0001 | JC-NY-0023-9000
Monitors/Masters None on record
Plaintiff's Lawyers Abady, Jonathan S. (New York)
JC-NY-0023-0001 | JC-NY-0023-0002
Boston, John (New York)
JC-NY-0023-0001 | JC-NY-0023-0002 | JC-NY-0023-9000
Celli, Andrew G. Jr. (New York)
JC-NY-0023-0001
Chasan, Jonathan S. (New York)
JC-NY-0023-0001 | JC-NY-0023-0002
Coleman, Claire E. (New York)
JC-NY-0023-0001
deLone, Madeline H. (New York)
JC-NY-0023-0002
Flintoft, Caroline M. (New York)
JC-NY-0023-0001
Ginsberg, Betsy R. (New York)
JC-NY-0023-0001
Kent, J. Andrew (New York)
JC-NY-0023-0002
Maazel, Ilann M. (New York)
JC-NY-0023-0001 | JC-NY-0023-0002
Manaugh, Sara L. (New York)
JC-NY-0023-0001
Netburn, Sarah (New York)
JC-NY-0023-0001
Rosenfeld, Katherine (New York)
JC-NY-0023-0001
Schwartz, Joanna C. (New York)
JC-NY-0023-0002
Shane, Penny (New York)
JC-NY-0023-0001 | JC-NY-0023-0002 | JC-NY-0023-9000
Stoller, Stacy (New York)
JC-NY-0023-0002
Werlwas, Mary Lynne (New York)
JC-NY-0023-0001 | JC-NY-0023-0002
Defendant's Lawyers Black, Lisa J. (New York)
JC-NY-0023-9000
Cardozo, Michael A. (New York)
JC-NY-0023-0001
Grossman, Heidi (New York)
JC-NY-0023-0001
Larkin, Arthur G. III (New York)
JC-NY-0023-0001 | JC-NY-0023-9000
Paulose, Matthew Jr. (New York)
JC-NY-0023-9000
Rosen, Seth (New York)
JC-NY-0023-9000
Other Lawyers None on record

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