University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Harrison v. Barkley PC-NY-0018
Docket / Court 95-964 ( N.D.N.Y. )
State/Territory New York
Case Type(s) Prison Conditions
Case Summary
On July 17, 1995, an inmate at the Riverview Correctional Facility in Ogdensburg, New York, filed a pro se lawsuit under 42 U.S.C. § 1983 against representatives of the prison in the U.S. District Court for the Northern District of New York. The plaintiff asked the court for $80,000 in ... read more >
On July 17, 1995, an inmate at the Riverview Correctional Facility in Ogdensburg, New York, filed a pro se lawsuit under 42 U.S.C. § 1983 against representatives of the prison in the U.S. District Court for the Northern District of New York. The plaintiff asked the court for $80,000 in damages, alleging that his constitutional rights had been violated when the defendants failed to treat him for a tooth cavity.

On April 14, 1997, the U.S. District Court for the Northern District of New York (Judge Rosemary S. Pooler) dismissed the plaintiff's complaint on the ground that the defendants were protected by qualified immunity. The inmate appealed. On July 17, 2000, the U.S. Court of Appeals for the Second Circuit (Judge Dennis G. Jacobs) reversed the district court's decision and remanded the case, holding that the defendants' alleged refusal to treat the plaintiff's tooth cavity would constitute deliberate indifference to serious medical need under the Eighth Amendment, and that the defendants were not entitled to qualified immunity. Harrison v. Barkley, 219 F.3d 132 (2nd Cir. 2000).

On June 7, 2001, the parties settled the case, and on June 20, 2001, the district court (Judge David E. Peebles) closed the case.

Kristen Sagar - 09/10/2006


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Issues and Causes of Action
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Issues
Medical/Mental Health
Dental care
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) Riverview Correctional Facility
Plaintiff Description Inmate alleging that prison officials' refusal to treat cavity in one tooth unless he consented to extraction of another tooth, which was also diseased but which he nevertheless wished to keep, violated his rights under Eighth and Fourteenth Amendments
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Private Settlement Agreement
Voluntary Dismissal
Order Duration 2001 - n/a
Case Closing Year 2001
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)
95-964 (N.D.N.Y.) 07/12/2001
PC-NY-0018-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion 10/10/1996 (232 A.D.2d 680)
PC-NY-0018-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Opinion: Report Recommendation and Order 01/17/1997 (1997 U.S.Dist.LEXIS 5102) (N.D.N.Y.)
PC-NY-0018-0003 PDF | LEXIS | Detail
Document Source: LexisNexis
Memorandum Decision and Order 04/14/1997 (1997 U.S.Dist.LEXIS 5105) (N.D.N.Y.)
PC-NY-0018-0004 PDF | LEXIS | Detail
Document Source: LexisNexis
Reported Opinion 07/17/2000 (219 F.3d 132)
PC-NY-0018-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Cardona, Anthony V. (State Supreme Court)
PC-NY-0018-0002
Carpinello, George F. Court not on record
PC-NY-0018-0002
Crew, William B. III (State Supreme Court)
PC-NY-0018-0002
Jacobs, Dennis G. (Second Circuit)
PC-NY-0018-0001
Mercure, Thomas E. (State Supreme Court)
PC-NY-0018-0002
Mikoll, Ann T. (State Supreme Court)
PC-NY-0018-0002
Peebles, David E. (N.D.N.Y.) [Magistrate]
PC-NY-0018-9000
Pooler, Rosemary S. (Second Circuit, N.D.N.Y.)
PC-NY-0018-0004
Scanlon, Daniel Jr. (N.D.N.Y.) [Magistrate]
PC-NY-0018-0003
Monitors/Masters None on record
Plaintiff's Lawyers Dorkey, Charles E. (New York)
PC-NY-0018-0001
Hererra, Nicomedes Sy (New York)
PC-NY-0018-0001
Schleifstein, Todd L. (New York)
PC-NY-0018-0001
Defendant's Lawyers Crary, Peter (New York)
PC-NY-0018-0001
Ferro, Deborah (New York)
PC-NY-0018-0003 | PC-NY-0018-0004 | PC-NY-0018-9000
Schiff, Peter H. (New York)
PC-NY-0018-0001
Spitzer, Eliot (New York)
PC-NY-0018-0001
Tuczinski, Marlene (New York)
PC-NY-0018-0001
Vacco, Dennis C. (New York)
PC-NY-0018-0002 | PC-NY-0018-0003 | PC-NY-0018-0004
Other Lawyers None on record

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