Case: Blissett v. Coughlin

6:84-cv-00779 | U.S. District Court for the Northern District of New York

Filed Date: June 6, 1984

Clearinghouse coding complete

Case Summary

Donovan Blissett, a prisoner at Attica Correctional Facility in New York, filed a civil rights lawsuit in the U.S. District Court for the Northern District of New York against the New York Department of Corrections on June 6, 1984, alleging a violation of his due process rights following an internal disciplinary hearing held at the Clinton Correctional Facility. Blissett asserted that his rights were violated because he did not receive adequate notice of the charges against him and was not all…

Donovan Blissett, a prisoner at Attica Correctional Facility in New York, filed a civil rights lawsuit in the U.S. District Court for the Northern District of New York against the New York Department of Corrections on June 6, 1984, alleging a violation of his due process rights following an internal disciplinary hearing held at the Clinton Correctional Facility. Blissett asserted that his rights were violated because he did not receive adequate notice of the charges against him and was not allowed to present evidence or witnesses on his behalf in the prison disciplinary hearing. In a July 1, 1994 order, the U.S. District Court for the Northern District of New York (Honorable Con. G. Cholakis) granted summary judgment to Blissett on his due process claim. Judge Cholakis found that prisoners do have a due process right to notice of the charges against them when they face possible segregation from the general prison population, but do not have a constitutional right to call witnesses or present evidence. On a Motion for Reconsideration by the defendants, the U.S. District Court for the Northern District of New York granted the defendants' motion for summary judgment and dismissed the case. Blissett v. Coughlin, No. 84-779, 1998 WL 440025 (N.D.N.Y. July 23, 1998) (Judge Lawrence E. Kahn). Judge Kahn found that Blissett's segregation from the general population did not constitute an "atypical and significant hardship on the inmate in relation to the ordinary incidents of prison life," and so did not meet the necessary standards for establishing a violation of his procedural due process rights.

Summary Authors

Megan Raynor (1/23/2006)

People


Judge(s)

Kahn, Lawrence E. (New York)

Attorney for Plaintiff

Fieman, Colin A. (New York)

Vacco, Dennis C. (New York)

Attorney for Defendant

Hall, Christopher W. (New York)

Schwartz, Steven H. (Maryland)

Judge(s)

Kahn, Lawrence E. (New York)

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Documents in the Clearinghouse

Document

6:84-cv-00779

Docket (PACER)

Aug. 14, 1998

Aug. 14, 1998

Docket
91

6:84-cv-00779

Memorandum, Decision and Order

July 23, 1998

July 23, 1998

Order/Opinion

1998 WL 1998

Docket

Last updated Feb. 15, 2024, 3:27 a.m.

ECF Number Description Date Link Date / Link
1

Civil Rights COMPLAINT filed; ; (plp) (Entered: 12/11/1991)

June 6, 1984

June 6, 1984

2

ORDER of Mag Smith (6/5/84) granting Pauperis status ; Clerk shall issue summons & complaint to Marshal for service upon named defts w/out fee. Clerk shall also serve summons & complaint by mail upon State Atty General together w/ copy of this order. Clerk shall also serve copy of this order by certified mail upon pltf, etc. Pltfs request for assignment of counsel denied. ( signed by Magistrate Judge Ralph W. Smith ) (plp) (Entered: 12/11/1991)

June 6, 1984

June 6, 1984

4

Summons returned unexecuted as to Richard Gregoire, W. Willis, A. C. Manning (plp) (Entered: 12/11/1991)

June 27, 1984

June 27, 1984

19

MEMORANDUM/DECISION/ORDER defts motion for summary judgment w/ respect to 3rd & 4th claim of pltf's complaint is in all respects granted & these claims dismissed , that defts' motion for summary judgment w/ respect to 1st claim of pltf's complaint against defts Curran, LeFevre, Smith & Cochrane is granted, & that claim as to these defts is dismissed , that defts' motion for summary judgment w/ respect to 1st claim of pltf's complaint against defts Coughlin & Gregoire is denied, remanding to Magistrate that claim as to these defts , defts' motion for summary judgment w/ respect to 2nd claim of pltf's complaint is denied, remanding this claim to Magistrate. ( signed by Judge Con G. Cholakis ) (plp) (Entered: 12/11/1991)

May 18, 1989

May 18, 1989

29

REPORT AND RECOMMENDATIONS of Magistrate Judge Daniel Scanlon Jr. recommending that defts' motion for summary judgment w/ respect to the 1st claim of pltf's complaint be denied; that defts' motion that heretofore that defts Manning, Willis & Gregoire be relieved from the MDO be denied; defts' motion to dismiss as to defts Manning, Willis and Gregoire be denied; that an order be made directing the Clerk to issue a summons & complaint to the USM for service upon defts Manning, Willis & Gregoire. Copies mailed to parties via certified mail. Service Date: 9/13/91 (Objection to R and R due by 10/3/91 for T. Sears, for Clifford M. Martin, for A. C. Manning, for W. Willis, for Richard Gregoire, for DeFayette, for R. Ball, for Liberty, for James Curran, for Eugene S. LeFevre, for James E. Cochrane, for Harold J. Smith, for Thomas A. Coughlin III, for Donovan Blissett ) ; (plp) (Entered: 12/11/1991)

Sept. 16, 1991

Sept. 16, 1991

30

Return Receipt for Report and Recommendations sent to Donovan J. R. Blissett [29-1] report and recommendations (Objections to R and R due by 10/15/91 ) (plp) (Entered: 12/11/1991)

Sept. 25, 1991

Sept. 25, 1991

31

Return Receipt for Report and Recommendations sent to Steven H. Schwartz, AAG [29-1] report and recommendations (Objections to R and R due by 10/15/91 ) (plp) (Entered: 12/11/1991)

Sept. 25, 1991

Sept. 25, 1991

34

MEMORANDUM-DECISION AND ORDER, denying defts' motions for Summary Judgment w/respect to pltf's 1st and 2nd claims; denying defts' motion to relieve defts Manning, Willis and Gregoire from 5/18/89 MDO of this court; denying defts' motion to dismiss action as to defts Manning, Willis and Gregoire; directing clerk to issue summons and complaint to US Marshal for service upon defts Manning, Willis and Gregoire. ( signed by Judge Con G. Cholakis 12/31/91 ) [served] (cbm) (Entered: 01/07/1992)

Dec. 31, 1991

Dec. 31, 1991

Original and 3 copies SUMMONS(ES) issued and delivered to Marshal for Richard Gregoire, W. Willis, A. C. Manning (cbm) (Entered: 01/13/1992)

Jan. 8, 1992

Jan. 8, 1992

36

Rule 16 Scheduling Order Issued. Discovery Deadline 8/17/92 ; Motion Filing Deadline 9/25/92 ( Signed by Magistrate Judge Daniel Scanlon Jr. 3/16/92) [served] (cbm) (Entered: 03/20/1992)

March 19, 1992

March 19, 1992

37

Notice to pltf from US Marshals Service dd 3/19/92 re: USM-285 forms to be completed and returned for service. (cbm) (Entered: 03/26/1992)

March 23, 1992

March 23, 1992

38

MOTION by Donovan Blissett for Appointment of Counsel (cbm) (Entered: 04/01/1992)

March 30, 1992

March 30, 1992

39

ORDER denying w/o prejudice pltf's [38-1] motion for Appointment of Counsel ( signed by Magistrate Judge Daniel Scanlon Jr. 4/15/92 ) [served] (cbm) (Entered: 04/21/1992)

April 20, 1992

April 20, 1992

SUMMONS(ES) issued for W. Willis, A. C. Manning, Richard Gregoire (fce) (Entered: 05/07/1992)

May 6, 1992

May 6, 1992

40

REQUEST for Production of Documents by Donovan Blissett (cbm) (Entered: 06/25/1992)

June 24, 1992

June 24, 1992

41

Summons returned unexecuted as to Richard Gregoire (cbm) (Entered: 07/27/1992)

July 24, 1992

July 24, 1992

42

SUMMONS Returned Executed as to A. C. Manning on 7/27/92 : Answer due on 8/17/92 for A. C. Manning (fce) (Entered: 08/04/1992)

July 31, 1992

July 31, 1992

43

MOTION by all defts for Summary Judgment , Hearing set for 9/4/92 , Response Deadline 8/21/92 , Reply to Response Deadline 8/28/92 (cbm) (Entered: 08/12/1992)

Aug. 12, 1992

Aug. 12, 1992

44

Defts' MEMORANDUM of law in support of [43-1] motion for Summary Judgment (cbm) (Entered: 08/12/1992)

Aug. 12, 1992

Aug. 12, 1992

45

SUMMONS Returned Executed as to W. Willis on 8/4/92 : Answer due on 8/24/92 for W. Willis (cbm) (Entered: 08/14/1992)

Aug. 14, 1992

Aug. 14, 1992

46

RESPONSE in opposition by Donovan Blissett to [43-1] motion for Summary Judgment (cbm) (Entered: 08/28/1992)

Aug. 27, 1992

Aug. 27, 1992

47

Rule 10J Statement in opposition to defts' [43-1] motion for Summary Judgment filed by Donovan Blissett (cbm) (Entered: 08/28/1992)

Aug. 27, 1992

Aug. 27, 1992

48

Copy of letter from Plaintiff to Attorney General dd 10/26/92 re: Service by Marshal. (fce) (Entered: 11/02/1992)

Nov. 2, 1992

Nov. 2, 1992

49

REPORT AND RECOMMENDATIONS of Magistrate Judge Daniel Scanlon Jr. Service Date: 1/27/93 ; RECOMMENDING that defts' Re: [43-1] motion for Summary Judgment be denied (Objection to R and R due by 2/16/93 for T. Sears, for Clifford M. Martin, for A. C. Manning, for William Willis, for Richard Gregoire, for DeFayette, for R. Ball, for Liberty, for James Curran, for Eugene S. LeFevre, for James E. Cochrane, for Harold J. Smith, for Thomas A. Coughlin III, for Donovan Blissett ) ; Motion(s) no longer referred (fce) Modified on 02/17/1993 (Entered: 01/27/1993)

Jan. 27, 1993

Jan. 27, 1993

Forwarded filed to Judge Cholakis for consideration of report-recommendation. (cbm) (Entered: 02/17/1993)

Feb. 17, 1993

Feb. 17, 1993

50

MOTION by Donovan Blissett for Entry of Default , for Default Judgment , for Summary Judgment , for Sanctions , to Compel discovery , for Order directing Attorney General to provide current address of defendant Richard Gregoire; and permission to file this motion out of time. , Hearing set for 4/26/93 , Response Deadline 4/12/93 , Reply to Response Deadline 4/19/93 Motion returnable before Judge/Mag. Judge: Scanlon (fce) (Entered: 04/02/1993)

April 2, 1993

April 2, 1993

51

AFFIDAVIT by Donovan Blissett Re: [50-1] motion for Entry of Default, [50-2] motion for Default Judgment, [50-3] motion for Summary Judgment, [50-4] motion for Sanctions, [50-5] motion to Compel discovery, [50-6] motion for Order directing Attorney General to provide current address of defendant Richard Gregoire; and permission to file this motion out of time. (fce) (Entered: 04/02/1993)

April 2, 1993

April 2, 1993

52

MEMORANDUM by Donovan Blissett in support of [50-1] motion for Entry of Default, [50-2] motion for Default Judgment, [50-3] motion for Summary Judgment, [50-4] motion for Sanctions, [50-5] motion to Compel discovery, [50-6] motion for Order directing Attorney General to provide current address of defendant Richard Gregoire; and permission to file this motion out of time. (fce) (Entered: 04/02/1993)

April 2, 1993

April 2, 1993

53

RESPONSE by Thomas A. Coughlin III, Harold J. Smith, James E. Cochrane, Eugene S. LeFevre, James Curran, Liberty, R. Ball, DeFayette, Richard Gregoire, William Willis, A. C. Manning, Clifford M. Martin, T. Sears in opposition to [50-1] motion for Entry of Default, [50-2] motion for Default Judgment, [50-3] motion for Summary Judgment, [50-4] motion for Sanctions, [50-5] motion to Compel discovery, [50-6] motion for Order directing Attorney General to provide current address of defendant Richard Gregoire; and permission to file this motion out of time. (fce) (Entered: 04/13/1993)

April 13, 1993

April 13, 1993

54

MEMORANDUM by Thomas A. Coughlin III, Harold J. Smith, James E. Cochrane, Eugene S. LeFevre, James Curran, Liberty, R. Ball, DeFayette, Richard Gregoire, William Willis, A. C. Manning, Clifford M. Martin, T. Sears in opposition to [50-1] motion for Entry of Default, [50-2] motion for Default Judgment, [50-3] motion for Summary Judgment, [50-4] motion for Sanctions, [50-5] motion to Compel discovery, [50-6] motion for Order directing Attorney General to provide current address of defendant Richard Gregoire; and permission to file this motion out of time. (fce) (Entered: 04/13/1993)

April 13, 1993

April 13, 1993

55

ORDER granting [49-1] report and recommendations and denies defendant Sears [43-1] Motion for Summary Judgement( signed by Judge Con G. Cholakis ) (fce) Modified on 06/01/1993 (Entered: 05/05/1993)

May 4, 1993

May 4, 1993

56

MEMORANDUM by Donovan Blissett in support of [50-1] motion for Entry of Default, [50-2] motion for Default Judgment, [50-3] motion for Summary Judgment, [50-4] motion for Sanctions, [50-5] motion to Compel discovery, [50-6] motion for Order directing Attorney General to provide current address of defendant Richard Gregoire; and permission to file this motion out of time. (fce) (Entered: 05/07/1993)

May 7, 1993

May 7, 1993

57

ORDER AND REPORT AND RECOMMENDATIONS of Magistrate Judge Daniel Scanlon Jr. ; Service Date: 5/27/93 ; DENYING pltf's [50-5] motion to compel discovery; RECOMMENDING that pltf's [50-1] and [50-2] motions for entry of default and Default Judgment be denied; RECOMMENDING that pltf's [50-3] motion for Summary Judgment and [50-4] motion for Sanctions be denied. (Objection to R and R due by 6/16/93 ) (cbm) (Entered: 05/27/1993)

May 27, 1993

May 27, 1993

58

OBJECTION by Donovan Blissett to [57-1] report and recommendations (fce) (Entered: 06/24/1993)

June 24, 1993

June 24, 1993

59

Letter from plaintiff to Judge Cholakis dated 2/15/94 requesting decisions on pending motions. (fce) (Entered: 02/22/1994)

Feb. 22, 1994

Feb. 22, 1994

60

ORDER denying [50-1] motion for Entry of Default, denying [50-2] motion for Default Judgment; but ordering deft. to serve an answer on the plaintiff w/in 20 days from the date of this order , granting in part (with regard to due process claim), denying in part (with regard to cruel and unusual punishment claim) [50-3] motion for Summary Judgment, denying [50-4] motion for Sanctions, and set Motion Filing deadline for motion to compel discovery to 7/21/94 ( signed by Judge Con G. Cholakis ) (wjg) (Entered: 07/05/1994)

July 1, 1994

July 1, 1994

61

Response to Request for Documents by defendants Coughlin, Smith, Cochrane, LeFevre, Curran, Liberty, Ball, DeFayette, Willis, Manning, Martin and Sears (fce) (Entered: 07/26/1994)

July 22, 1994

July 22, 1994

62

ANSWER to Complaint by Thomas A. Coughlin III, Harold J. Smith, James E. Cochrane, Eugene S. LeFevre, James Curran, Liberty, R. Ball, DeFayette, William Willis, A. C. Manning, Clifford M. Martin, T. Sears (Attorney Steven H. Schwartz), (fce) Modified on 06/24/1997 (Entered: 07/26/1994)

July 22, 1994

July 22, 1994

63

MOTION by Donovan Blissett to Compel Discovery , Hearing set for 8/31/94 , Response Deadline 8/17/94 , Reply to Response Deadline 8/24/94 Motion returnable before Judge/Mag. Scanlon (fce) (Entered: 07/28/1994)

July 27, 1994

July 27, 1994

64

RESPONSE/LETTER by Steven H. Schwartz for Thomas A. Coughlin III, Harold J. Smith, James E. Cochrane, Eugene S. LeFevre, James Curran, Liberty, R. Ball, DeFayette, Richard Gregoire, William Willis, A. C. Manning, Clifford M. Martin, T. Sears to [63-1] motion to Compel Discovery (fce) (Entered: 08/05/1994)

Aug. 4, 1994

Aug. 4, 1994

65

REQUEST and ORDER, to Extend Time to file motion to compel discovery , reset Motion Filing deadline to 8/15/94 ( signed by Judge Con G. Cholakis ) (fce) (Entered: 08/08/1994)

Aug. 8, 1994

Aug. 8, 1994

66

Amended MOTION by Donovan Blissett to Compel Discovery , , Hearing set for 8/31/94 , Response Deadline 8/17/94 , Reply to Response Deadline 8/24/94 Motion returnable before Judge/Mag. Scanlon (fce) (Entered: 08/18/1994)

Aug. 17, 1994

Aug. 17, 1994

67

Supplemental MEMORANDUM by Donovan Blissett in support of [66-1] motion to Compel Discovery (fce) (Entered: 08/18/1994)

Aug. 17, 1994

Aug. 17, 1994

CASE reassigned to Judge Lawrence E. Kahn (fce) (Entered: 08/06/1996)

Aug. 5, 1996

Aug. 5, 1996

68

ORDER, transferring case from J. Cholakis to J. Kahn ( signed by Chief Judge Thomas J. McAvoy ) (fce) (Entered: 08/06/1996)

Aug. 5, 1996

Aug. 5, 1996

69

Pltf's 2/14/97 letter to court requesting disposition of pending motions, and requesting the court to schedule a telephone conference re: possible settlement. (cbm) (Entered: 02/25/1997)

Feb. 24, 1997

Feb. 24, 1997

70

ORDER granting [66-1] motion to Compel Discovery in part as follows: deft. shall produce photocopies of the photographs taken of the plaintiff at Clinton C.F. on or about 11/2/83; deft. shall produce copies of plaintiff's medical records for the period of 11/2/83-3/84; deft. shall produce a copy of plaintiff's inmate file for the period of 9/83-11/83;deft. shall produce any document relied upon by Sgt. Ball in writing his Sept. 29, 1983 misbehavior report resulting in plaintiff's IPC placement, that the trial will commence at 9:30 a.m. on 9/15/97 at Syracuse, and that Colin A. Fieman, Esq. is appointed as pro bono counsel and is to be added to the docket. ( signed by Judge Lawrence E. Kahn on 5/19/97) (tab) (Entered: 05/22/1997)

May 19, 1997

May 19, 1997

71

LETTER REQUEST by AAG Steven Schwartz dd 6/16/97 and ORDER, GRANTING an extension to 6/30/97 to provide documents to plaintiff and DENYING application in all other respects ( signed by Judge Lawrence E. Kahn ) (wjg) (Entered: 06/19/1997)

June 18, 1997

June 18, 1997

72

Pro se pltf's 6/18/97 letter to Judge Kahn, requesting that appointed atty Fieman be relieved, as he intends to retain his own counsel for trial; objecting to Attorney Schwartz's 6/16/97 letter to court; enclosing copy of Judge Cholakis' 7/1/94 order establishing liability on the due process claim; further requesting a telephone conference to discuss possible settlement; w/enclosures. (cbm) (Entered: 06/24/1997)

June 23, 1997

June 23, 1997

73

Pro se pltf's 6/20/97 letter to Judge Kahn, objecting to the attached letter he received from Steven Schwartz, Esq., which advises pltf that a counterclaim will be filed by defts unless pltf agrees to withdraw complaint. (cbm) (Entered: 06/25/1997)

June 25, 1997

June 25, 1997

74

Pltf's 6/24/97 letter to Judge Kahn, objecting to defts' counsel's harassing and threatening letters; w/attached copy of letter to pltf from Steven H. Schwartz, Esq., dd 6/19/97. (cbm) (Entered: 06/27/1997)

June 27, 1997

June 27, 1997

75

Pltf's 7/1/97 letter to Judge Kahn, re: 6/25/97 conference call and settlement discussions, objecting to defts' request to amend answer to assert counterclaim, etc. (cbm) (Entered: 07/08/1997)

July 7, 1997

July 7, 1997

76

ORDER, for Colin A. Fieman to Withdraw/Be Relieved as pro bono Attorney for plaintiff at plaintiff's request; the Clerk is further directed to remove Mr. Fieman's name from the Court's list of pro bono attorneys for this district as it appears that Mr. Fieman no longer practices law in the district and has not maintained a current business address with the Clerk. (Terminated attorney Colin A. Fieman for Donovan Blissett ( signed by Judge Lawrence E. Kahn ) (wjg) (Entered: 07/09/1997)

July 7, 1997

July 7, 1997

77

Uniform Pretrial Order; Trial Ready by: 7/23/97; Length of Trial 3-4 days; Trial Location: Syracuse, NY; Bench Trial Deadline 9:30 9/15/97 ; ( Signed by: Judge Lawrence E. Kahn ) (wjg) (Entered: 07/23/1997)

July 23, 1997

July 23, 1997

CASE NO LONGER REFERRED TO Judge Lawrence E. Kahn (docket event "Uniform Pretrial Order" places signer into referral field by ICMS) (cbm) (Entered: 08/07/1997)

July 23, 1997

July 23, 1997

CASE REFERRED to Magistrate Judge Daniel Scanlon Jr. (cbm) (Entered: 08/07/1997)

July 23, 1997

July 23, 1997

78

Pltf's 7/29/97 letter to Judge Kahn regarding lack of counsel for trial and his poor physical condition; requesting to withdraw the assault claim; requesting the court to enter judgment on his due process claim, but if Judge Kahn chooses not to do so, requesting to withdraw his due process claim as well. (cbm) (Entered: 08/07/1997)

Aug. 1, 1997

Aug. 1, 1997

79

NOTICE of attorney appearance for T. Sears, Clifford M. Martin, A. C. Manning, William Willis, Richard Gregoire, DeFayette, R. Ball, Liberty, James Curran, Eugene S. LeFevre, James E. Cochrane, Harold J. Smith, Thomas A. Coughlin III by Christopher W. Hall (cbm) (Entered: 08/08/1997)

Aug. 6, 1997

Aug. 6, 1997

80

ORDER, for writ of habeas corpus ad testificandum to be issued to Fishkill CF as to plaintiff Donovan Blissett to appear on 9/15/97 @ 9:00am to testify at trial on the listed date and on any other date as needed until the completion of trial ( signed by Judge Lawrence E. Kahn ) (wjg) (Entered: 08/15/1997)

Aug. 15, 1997

Aug. 15, 1997

WRIT of Habeas Corpus ad Testificandum issued for Donovan Blissett for 9/15/97 @ 9:00am for appearance at trial (wjg) (Entered: 08/15/1997)

Aug. 15, 1997

Aug. 15, 1997

81

Pltf's 8/21/97 letter to Judge Kahn, w/attachments, requesting that the judge rescind the order to produce him at trial. (cbm) (Entered: 08/27/1997)

Aug. 27, 1997

Aug. 27, 1997

82

AMENDED ORDER, for writ of habeas corpus ad Testificandum as to Donovan Blissett to appear at trial on 9/15/97 @ 9:00am; plaintiff's appearance is VOLUNTARY, and should he decide he does not wish to appear before the Court and withdraw his action, HE SHOULD NOT BE TRANSPORTED ( signed by Judge Lawrence E. Kahn ) (wjg) (Entered: 09/02/1997)

Aug. 29, 1997

Aug. 29, 1997

AMENDED WRIT of Habeas Corpus ad Testificandum issued for Donovan Blissett for 9/15/97 @ 9:00am in case for appearance at trial; plaintiff's appearance is VOLUNTARY, and should he decide he does not wish to appear before the Court and withdraw his action, HE SHOULD NOT BE TRANSPORTED (wjg) (Entered: 09/02/1997)

Aug. 29, 1997

Aug. 29, 1997

83

Minute entry: App: Donovan Blissett, pro se plaintiff; Christopher Hall, AAG, for defendants. Plaintiff advises court he wishes to withdraw his assault complaint; Christopher Hall, AAG to submit an order regarding this; Defendant to submit motion papers regarding the dismissal of the final claim by 10/15/97 with a response from plaintiff due by 11/15/97. Court Reporter/ECRO: Eileen McDonough (drm) (Entered: 09/16/1997)

Sept. 15, 1997

Sept. 15, 1997

85

ORDER, to Dismiss with prejudice Count Two of Plaintiff's complaint alleging assault , and directing that defendants may file a motion requesting the Court to reconsider the earlier granting of summary judgment to plaintiff on Count One of the complaint by 10/15/97, and that plaintiff may respond to plaintiff's papers by 11/15/97 ( signed by Judge Lawrence E. Kahn (wjg) (Entered: 09/26/1997)

Sept. 25, 1997

Sept. 25, 1997

86

MOTION by T. Sears, Clifford M. Martin, A. C. Manning, William Willis, Richard Gregoire, DeFayette, R. Ball, Liberty, James Curran, Eugene S. LeFevre, James E. Cochrane, Harold J. Smith, Thomas A. Coughlin III for Reconsideration of [85-1] order to Dismiss with prejudice Count Two of Plaintiff's complaint alleging assault , Hearing set for 9:30 12/5/97 , Response Deadline 11/15/97 Motion returnable before Judge/Mag. Judge: Kahn (wjg) (Entered: 10/20/1997)

Oct. 17, 1997

Oct. 17, 1997

86

AFFIDAVIT/AFFIRMATION by Christopher Hall for T. Sears, Clifford M. Martin, A. C. Manning, William Willis, Richard Gregoire, DeFayette, R. Ball, Liberty, James Curran, Eugene S. LeFevre, James E. Cochrane, Harold J. Smith, Thomas A. Coughlin III Re: [86-1] motion for Reconsideration of [85-1] order to Dismiss with prejudice Count Two of Plaintiff's complaint alleging assault (wjg) (Entered: 10/20/1997)

Oct. 17, 1997

Oct. 17, 1997

87

MEMORANDUM OF LAW by T. Sears, Clifford M. Martin, A. C. Manning, William Willis, Richard Gregoire, DeFayette, R. Ball, Liberty, James Curran, Eugene S. LeFevre, James E. Cochrane, Harold J. Smith, Thomas A. Coughlin III in support of [86-1] motion for Reconsideration of [85-1] order to Dismiss with prejudice Count Two of Plaintiff's complaint alleging assault (wjg) (Entered: 10/20/1997)

Oct. 17, 1997

Oct. 17, 1997

88

RESPONSE/OPPOSITION by Donovan Blissett to [86-1] motion for Reconsideration of [85-1] order to Dismiss with prejudice Count Two of Plaintiff's complaint alleging assault (wjg) (Entered: 11/18/1997)

Nov. 18, 1997

Nov. 18, 1997

89

COURT NOTICE advising that the Motion for Reconsideration scheduled for 12/5/97 will be decided on the submission of the papers. No oral argument will be heard. (wjg) (Entered: 11/26/1997)

Nov. 25, 1997

Nov. 25, 1997

90

LETTER from Donovan Blissett to USDJ Kahn dd 4/14/98 Re: that he filed an opposition to the defendants' motion for reconsideration and the motion is still pending. (fce) (Entered: 04/20/1998)

April 17, 1998

April 17, 1998

91

MEMORANDUM DECISION AND ORDER granting [86-1] motion for Reconsideration of [85-1] order to Dismiss with prejudice Count Two of Plaintiff's complaint alleging assault : GRANTING defendant's summary judgment motion, dismissing the complaint in it's entirety( signed by Judge Lawrence E. Kahn ) (tab) (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

92

JUDGMENT for T. Sears, Clifford M. Martin, A. C. Manning, William Willis, Richard Gregoire, Lieutenant DeFayette, R. Ball, Sergeant Liberty, James Curran, Eugene S. LeFevre, James E. Cochrane, Harold J. Smith, Thomas A. Coughlin III against Donovan Blissett Date Served: 7/23/98 (tab) (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

93

ORDER, action reassigned from Mag/Judge Scanlon to Mag/Judge Ralph W. Smith, Jr. (dd 8-13-98 signed by Chief Judge Thomas J. McAvoy ) (pta) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

CASE NO LONGER REFERRED TO Magistrate Judge Daniel Scanlon Jr. (pta) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

CASE REFERRED to Magistrate Judge Ralph W. Smith (pta) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: June 6, 1984

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Inmates at the Attica Correctional Facility claiming that his due process rights were violated at a hearing because he was not allowed to present evidence or witnesses on his behalf and that he was not given sufficient notice of the charges against him

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

New York Department of Corrections, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1994 - None

Issues

General:

Disciplinary procedures

Type of Facility:

Government-run