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Civil Rights Litigation Clearinghouse
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Case Name Allen v. New York State Department of Corrections and Community Supervision PC-NY-0073
Docket / Court 7:19-cv-08173-UA ( S.D.N.Y. )
State/Territory New York
Case Type(s)
Case Summary
On September 2, 2019, 18 prisoners filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the New York Department of Corrections and a group of its doctors under 42 U.S.C § 1983 for violations of the Eighth Amendment. Represented by private counsel, ... read more >
On September 2, 2019, 18 prisoners filed this lawsuit in the U.S. District Court for the Southern District of New York. The plaintiffs sued the New York Department of Corrections and a group of its doctors under 42 U.S.C § 1983 for violations of the Eighth Amendment. Represented by private counsel, the plaintiffs sought damages, attorneys' fees, and an injunction against the defendants' practices and conditions for which this suit was brought. The plaintiffs also requested certification of a class of all present and future patients who require medications with abuse potential. The case was eventually assigned to Judge Preska.

In 2017, the New York Department of Corrections instituted the Medications With Abuse Potential (“MWAP”) Policy in response to the opioid epidemic, which intended to reduce the amount of pain medications in the New York prison system. After medical providers prescribed pain medications, the policy required an additional approval from either a Regional Medical Director or the Chief Medical Officer before giving the pain medication to prisoners.

The plaintiffs claimed that the policy prevented prisoners from receiving pain medications needed for legitimate medical purposes. They alleged that the administrators that provided the extra approval invariably denied the pain medications. As a result, patients with medical issues including severe spinal and neurological issues, phantom pain from amputations, and multiple sclerosis, were denied pain medication.

On September 11, this case was related to another case involving a prisoner denied pain medication, captioned Medina v. Buther (7:15-cv-01955-LAP).

This case is ongoing.

Justin Hill - 09/28/2019


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Issues and Causes of Action
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Issues
Constitutional Clause
Cruel and Unusual Punishment
Defendant-type
Corrections
General
Conditions of confinement
Medical/Mental Health
Medication, administration of
Untreated pain
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) New York State Department of Corrections and Community Supervision
Plaintiff Description 18 individuals in the New York prison system who were denied pain medication for their various medical needs.
Class action status sought Yes
Class action status granted Pending
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 2019
Case Ongoing Yes
Additional Resources
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  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 Faculty)
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
Book
Date: Jan. 1, 1998
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
19−cv−08173 (S.D.N.Y.)
PC-NY-0073-9000.pdf | Detail
Date: 09/28/2019
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
PC-NY-0073-0001.pdf | External Link | Detail
Date: 09/02/2019
Source: Public.Resource.Org
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Judges Preska, Loretta A. (S.D.N.Y.) show/hide docs
PC-NY-0073-9000
Plaintiff's Lawyers Agnew, Amy Jane (New York) show/hide docs
PC-NY-0073-0001 | PC-NY-0073-9000

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