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Case Name Calvin and Capers v. Abate PC-NY-0042
Docket / Court 91-44831 ( State Court )
State/Territory New York
Case Type(s) Criminal Justice (Other)
Jail Conditions
Prison Conditions
Case Summary
In 1991, a class action lawsuit was filed in the Supreme Court of the State of New York for the County of New York on behalf of newly-sentenced state prisoners against the New York City Department of Correction, the New York State Department of Correctional Services, and the New York State Division ... read more >
In 1991, a class action lawsuit was filed in the Supreme Court of the State of New York for the County of New York on behalf of newly-sentenced state prisoners against the New York City Department of Correction, the New York State Department of Correctional Services, and the New York State Division of Parole. The plaintiffs brought their suit pursuant to Article 78 of the New York Civil Practice Law and Rules, seeking injunctive relief to enjoin the swift transfer of newly-sentenced inmates to State custody. At some point, claims against the County Clerks for New York, Queens, Kings, Bronx, and Richmond Counties were severed from this lawsuit by stipulation.

On July 29, 1992, the parties proposed a settlement, under which newly-sentenced prisoners would be transferred from City correctional facilities to State facilities within five days of sentencing. The City agreed to notify the sentencing court any time the transfer deadline was not met and to report transfer readiness, rates, and speed to the plaintiffs' counsel every month. The State agreed to be prepared to receive transferring inmates within five days of sentencing and to notify the City of planned placement to facilitate transfer. The Supreme Court of the State of New York for the County of New York (Judge Joan B. Lobis) heard class members' concerns about the settlement before approving the agreement on September 21, 1992.

We lack the docket and pleadings in this case and have no information about the implementation of the consent decree.

Elizabeth Chilcoat - 06/22/2006
Megan Richardson - 07/18/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
General
Classification / placement
Language/ethnic/minority needs
Type of Facility
Government-run
Causes of Action State law
Defendant(s) New York City Department of Corrections
New York State Department of Correctional Services
Plaintiff Description newly-sentenced inmates in New York State custody
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 Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 1992 - n/a
Case Closing Year n/a
Case Ongoing Unknown
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)
No docket sheet currently in the collection
General Documents
Proposed Settlement Agreement 07/29/1992
PC-NY-0042-0001.pdf | Detail
Order 09/21/1992
PC-NY-0042-0002.pdf | Detail
Judges Lobis, Joan B. (State Supreme Court)
PC-NY-0042-0001 | PC-NY-0042-0002
Monitors/Masters None on record
Plaintiff's Lawyers Baum, Robert M. (New York)
PC-NY-0042-0001
Hendricks, Susan L. (New York)
PC-NY-0042-0001
Turpen, Michael C. (Oklahoma)
PC-NY-0042-0001
Defendant's Lawyers Abrams, Robert W. (New York)
PC-NY-0042-0001
Herman, Louise (New York)
PC-NY-0042-0001
Northey, Rebecca (New York)
PC-NY-0042-0001
Sherwood, O. Peter (New York)
PC-NY-0042-0001
Winston, Susan A. (New York)
PC-NY-0042-0001
Other Lawyers None on record

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