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Case Name Jane Jones v. Annucci PC-NY-0070
Docket / Court 1:16-cv-01473 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Prison Conditions
Attorney Organization Legal Services/Legal Aid
Case Summary
On February 25, 2016, six women prisoners in the custody of the New York State Department of Corrections and Community Supervision (DOCCS) filed this class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs, anonymous by request, sued various DOCCS ... read more >
On February 25, 2016, six women prisoners in the custody of the New York State Department of Corrections and Community Supervision (DOCCS) filed this class action lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs, anonymous by request, sued various DOCCS officials in their official capacity, seeking declaratory and injunctive relief, under 42 U.S.C. 1983, claiming violations of their Eighth Amendment rights.

The plaintiffs were represented by The Legal Aid Society Prisoners' Rights Project and by private counsel.

The plaintiffs alleged a widespread pattern and practice of sexual abuse, assault and harassment by correctional staff in New York State women's prisons. The plaintiffs alleged that the defendants, despite knowing about the persistent sexual abuse, failed to take any reasonable steps to address the situation. In their complaint, the plaintiffs alleged sexual intercourse, oral sexual acts, sexual touching, voyeurism, invasion of personal privacy and demeaning sexual comments by correctional officers. Each of the six plaintiffs in the complaint described corrections officers' repeated and extensive sexual misconduct. The complaint also detailed the retaliation and harassment of plaintiffs after they, at various times, reported the officers' misconduct. The plaintiffs alleged that officials in charge of DOCCS were aware of the issue of sexual misconduct in the state's women's prisons but failed to implement and enforce effective policies that would combat the problem.

On September 29, 2016, plaintiffs' lawyers informed the court that the parties were actively engaged in negotiations and might ask for a two-year stay while DOCCS implements its new policies. The plaintiffs agreed to voluntarily dismiss the lawsuit if the implementation proved to be successful.

On December 23, 2016, individual plaintiff Jane Jones 5 voluntarily dismissed her claims. The other plaintiffs remain in the case, which is ongoing.

Greg Margolis - 02/10/2017


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Issues and Causes of Action
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Issues
Affected Gender
Female
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
Jurisdiction-wide
General
Assault/abuse by staff
Conditions of confinement
Failure to discipline
Failure to supervise
Failure to train
Sex w/ staff; sexual harassment by staff
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Ex parte Young (federal or state officials)
Defendant(s) New York State Department of Corrections and Community Supervision
Plaintiff Description Plaintiffs are six women prisoners incarcerated at various New York State Department of Corrections and Community Supervision facilities.
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted Pending
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Additional Resources
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  Cruel Confinement: Abuse, Discrimination and Death Within Alabama's Prisons
Date: Jun. 4, 2014
(Southern Poverty Law Center )
[ Detail ] [ External Link ]

  Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
Date: May 2006
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
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
1:16−cv−01473−RA (S.D.N.Y.)
PC-NY-0070-9000.pdf | Detail
Date: 01/11/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint
PC-NY-0070-0001.pdf | Detail
Date: 02/25/2016
Judges Abrams, Ronnie (S.D.N.Y.)
PC-NY-0070-9000
Plaintiff's Lawyers Bartlett, Amanda Jo Marsh (New York)
PC-NY-0070-0001 | PC-NY-0070-9000
Ford, Christine Anne (New York)
PC-NY-0070-0001 | PC-NY-0070-9000
Lewis, Dori A. (New York)
PC-NY-0070-0001 | PC-NY-0070-9000
O'Connor, Maeve L. (New York)
PC-NY-0070-0001 | PC-NY-0070-9000
Vela, Veronica (New York)
PC-NY-0070-0001 | PC-NY-0070-9000
Defendant's Lawyers Lally, Kacie Alina (New York)
PC-NY-0070-9000
Lee, Julia (New York)
PC-NY-0070-9000
Schulze, Daniel A. (New York)
PC-NY-0070-9000

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