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Case Name Hill v. County of Montgomery JC-NY-0070
Docket / Court 9:14-cv-00933 ( N.D.N.Y. )
State/Territory New York
Case Type(s) Jail Conditions
Special Collection Post-WalMart decisions on class certification
Case Summary
On July 25, 2014, a former pre-trial detainee of the Montgomery County Jail filed this class-action lawsuit in the U.S. District Court for the Northern District of New York. The plaintiff sued Montgomery County, its sheriff, and its jail administrator under 42 U.S.C. § 1983. The plaintiff, ... read more >
On July 25, 2014, a former pre-trial detainee of the Montgomery County Jail filed this class-action lawsuit in the U.S. District Court for the Northern District of New York. The plaintiff sued Montgomery County, its sheriff, and its jail administrator under 42 U.S.C. § 1983. The plaintiff, represented by private counsel, sought injunctive, declaratory, and monetary relief, claiming violations of the Eighth Amendment’s prohibition of cruel and unusual punishment and the Fourteenth Amendment’s due process clause. The plaintiff alleged that Montgomery County failed to provide inmates with adequate food and nutrition. The plaintiff alleges that he and others experienced dramatic weight loss, hair loss, skin conditions, and other conditions as a result of malnutrition.

The plaintiff sought class certification of those who had similarly been denied proper sustenance at the Montgomery County Jail. On September 29, 2017, District Judge Brenda K. Sannes denied the plaintiff’s motion for class certification without prejudice, ruling that the plaintiff failed to satisfy the typicality and adequacy requirements under Rule 23(a) of the Federal Rules of Civil Procedure.

On May 29, 2018, Judge Sannes dismissed the plaintiff’s claim for injunctive and declaratory relief without prejudice. The plaintiff had filed the initial complaint four months after he was released. Judge Sannes reasoned that the plaintiff’s claim for injunctive and declaratory relief became moot once he was released from the jail.

On August 9, 2018, the plaintiff filed an amended complaint. The complaint added a second plaintiff who was a pre-trial and post-trial detainee at the Montgomery County Jail. The plaintiffs’ divided their proposed class into pre-trial and post-trial detainee subclasses. The plaintiffs again sought injunctive, declaratory, and monetary relief.

On August 20, 2018, Judge Sannes granted the plaintiffs’ motion for class certification. The court defined the Primary Class and two Sub-Classes as:

Primary Class: “All detainees who have been or will be placed into the custody of the Montgomery County Jail and were detained for at least two consecutive weeks. The class period commences on July 24, 2011, and extends to the date on which Montgomery County is enjoined from, or otherwise ceases, enforcing its policy, practice and custom of refusing to provide an appropriate amount of nutritional sustenance to all detainees admitted to the Montgomery County Jail. Specifically excluded from the class are Defendant and any and all of its respective affiliates, legal representatives, heirs, successors, employees or assignees.”

Pre-Trial Detainee Sub-Class: “All members of the Primary Class but who were housed as a Pre-Trial Detainee, in that they had not yet been convicted of their charges.”

Post-Trial Detainee Sub-Class: “All members of the Primary Class, but who were housed as a Post-Trial Detainee, in that they had been convicted of their charges, either by a plea or jury trial.”

The case is ongoing. On October 2, 2019, Judge Sannes closed discovery and set a trial date for February 24, 2020.

Marcella Pereira Ferraro - 02/08/2019
Ashton Dubey - 10/03/2019


compress summary

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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Due Process
Defendant-type
Corrections
General
Food service / nutrition / hydration
Plaintiff Type
City/County Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) County of Montgomery
Plaintiff Description All detainees who have been or will be placed into the custody of the Montgomery County Jail and were detained for at least two consecutive weeks since July 24, 2011.
Class action status sought Yes
Class action status granted Yes
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Filing Year 2014
Case Ongoing Yes
Docket(s)
9:14-cv-00933 (N.D.N.Y.)
JC-NY-0070-9000.pdf | Detail
Date: 02/13/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
JC-NY-0070-0001.pdf | Detail
Date: 07/25/2014
Source: PACER [Public Access to Court Electronic Records]
Memorandum-Decision and Order [ECF# 100] (2017 WL 9249663) (N.D.N.Y.)
JC-NY-0070-0002.pdf | WESTLAW | Detail
Date: 09/29/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum-Decision and Order [ECF# 128] (2018 WL 2417839) (N.D.N.Y.)
JC-NY-0070-0003.pdf | WESTLAW | Detail
Date: 05/29/2018
Source: PACER [Public Access to Court Electronic Records]
Amended Complaint [ECF# 136]
JC-NY-0070-0004.pdf | Detail
Date: 08/09/2018
Source: PACER [Public Access to Court Electronic Records]
Memorandum-Decision and Order [ECF# 139] (2018 WL 3979590) (N.D.N.Y.)
JC-NY-0070-0005.pdf | WESTLAW | Detail
Date: 09/20/2018
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Sannes, Brenda Kay (N.D.N.Y.) show/hide docs
JC-NY-0070-0002 | JC-NY-0070-0003 | JC-NY-0070-0005 | JC-NY-0070-9000
Stewart, Daniel J. Court not on record [Magistrate] show/hide docs
JC-NY-0070-9000
Plaintiff's Lawyers Dyson, Maria K (New York) show/hide docs
JC-NY-0070-0004 | JC-NY-0070-9000
Keach, Elmer Robert III (New York) show/hide docs
JC-NY-0070-0001 | JC-NY-0070-0004 | JC-NY-0070-9000
Migliaccio, Nicholas A. (District of Columbia) show/hide docs
JC-NY-0070-0001 | JC-NY-0070-0004 | JC-NY-0070-9000
Rathod, Jason S (District of Columbia) show/hide docs
JC-NY-0070-0004 | JC-NY-0070-9000
Defendant's Lawyers Bernstein, Jonathan M (New York) show/hide docs
JC-NY-0070-9000
Lambrecht, Timothy J (New York) show/hide docs
JC-NY-0070-9000
Manocchi, Chelsea E (New York) show/hide docs
JC-NY-0070-9000

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