Case: Cook v. Wall

1:09-cv-00169 | U.S. District Court for the District of Rhode Island

Filed Date: April 9, 2009

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On April 9, 2009, an inmate at the John J. Moran correctional facility filed this lawsuit in the U.S. District Court for Rhode Island. He sued the Rhode Island Department of Corrections under 42 U.S.C. § 1983 and state law. The plaintiff alleged that he had been retaliated against for issuing a statement in a local newspaper denouncing a Department of Corrections policy that limited publications available to inmates. Specifically, he asserted that administrators fired him from his job in the pr…

On April 9, 2009, an inmate at the John J. Moran correctional facility filed this lawsuit in the U.S. District Court for Rhode Island. He sued the Rhode Island Department of Corrections under 42 U.S.C. § 1983 and state law. The plaintiff alleged that he had been retaliated against for issuing a statement in a local newspaper denouncing a Department of Corrections policy that limited publications available to inmates. Specifically, he asserted that administrators fired him from his job in the prison kitchen and destroyed his personal property. The plaintiff further claimed that, when he attempted to report the retaliation to prison authorities, administrators placed him in solitary confinement and revoked his good time and a recommendation for transfer to a less restrictive facility. Represented by the ACLU of Rhode Island and private counsel, the plaintiff sought a declaratory judgment that these actions violated his First, Fifth, Eighth, and Fourteenth Amendment rights. He also asked for a permanent injunction to bar further violations and for monetary damages to compensate him for his harms.

On April 28, the plaintiff filed a motion for a temporary restraining order to prohibit Department of Corrections employees from talking to him about the lawsuit and to enjoin the Department of Corrections from threatening and punishing him because of the lawsuit. But the temporary restraining order was denied by Judge William Smith on April 29. On May 29, 2009, the defendants filed a motion to dismiss.

The motion to dismiss was denied as moot because on January 25, 2010, the plaintiff filed an amended complaint, alleging that he had been transferred to a less safe cell block and placed in solitary confinement in retaliation for filing this lawsuit.

The defendants filed a new motion to dismiss the amended complaint on March 16. On June 25, Judge Smith granted a protective order staying discovery until the motion to dismiss was ruled on. Magistrate Judge Lincoln D. Almond issued a Report and Recommendations on the motion to dismiss on September 17, 2012. 2013 WL 773444. On February 28, 2013, Judge Smith adopted in part the Report and Recommendation. 2012 WL 7634322. Specifically, the court followed the magistrate judge's recommendation to dismiss the Eighth Amendment claims because the plaintiff did not allege the "wanton infliction of [physical] pain" necessary to support such a claim. The court also followed the recommendation to deny the motion to dismiss the First Amendment claim, because the plaintiff had alleged retaliation for public speech protected by the First Amendment. Judge Smith rejected the magistrate judge's recommendation to dismiss the Fourteenth Amendment Due Process claim. While no single instance alleged by the plaintiff might have risen to the level of a due process issue, Judge Smith found that the incidents taken as a whole may have violated the plaintiff's rights.

Following the ruling on the motion to dismiss, the parties engaged in discovery until February 13, 2015, when the defendants filed a motion for summary judgment. The motion was never ruled on, because the case settled on October 27, 2015. The Department of Corrections agreed, while denying liability, to pay the plaintiff $7,500 in damages and attorney’s fees. The parties stipulated to a dismissal and the case is now closed.

Summary Authors

Brian Remlinger (2/16/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4822391/parties/cook-v-wall/


Judge(s)

Almond, Lincoln D. (Rhode Island)

Attorney for Plaintiff

Azevedo, Jennifer (Rhode Island)

DeLuca, Amato A. (Rhode Island)

Eskey, Michael T (Rhode Island)

Goldberg, Brian N (Rhode Island)

Attorney for Defendant

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Documents in the Clearinghouse

Document

1:09-cv-00169

Docket

Cook v Wall

Nov. 2, 2015

Nov. 2, 2015

Docket
1

1:09-cv-00169

Complaint

April 9, 2009

April 9, 2009

Complaint
26

1:09-cv-00169

First Amended Complaint for Declaratory Judgment, Injunctive Relief, and Damages

Jan. 25, 2010

Jan. 25, 2010

Complaint
40

1:09-cv-00169

Report and Recommendation

Sept. 17, 2012

Sept. 17, 2012

Order/Opinion

2012 WL 2012

45

1:09-cv-00169

Order

Feb. 28, 2013

Feb. 28, 2013

Order/Opinion

2013 WL 2013

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4822391/cook-v-wall/

Last updated April 14, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against all defendants ( Filing fee $ 350 receipt number 14670000754.), filed by Jason Cook. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15)(Geile, Wendy) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

Summons Issued as to Kirk Kaszyk, Thomas Izzo, Joseph Jankowski, CO Nakhlis, CO Meunier, CO Freeman, CO Lawson, Rhode Island Department of Corrections, Ashbel T. Wall, Stephen Boyd, Michele Auger. (Geile, Wendy) (Entered: 04/09/2009)

April 9, 2009

April 9, 2009

2

NOTICE of Appearance by Michael B. Grant on behalf of Rhode Island Department of Corrections (Grant, Michael) (Entered: 04/14/2009)

April 14, 2009

April 14, 2009

3

MOTION for Temporary Restraining Order WITH SUPPORTING MEMO by Jason Cook. (DeLuca, Amato) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

NOTICE of Hearing: In Chambers Conference re: Motion for Temporary Restraining Order set for 4/29/2009 at 10:00 AM in Judge Smith Chambers − before Judge William E Smith. (Geile, Wendy) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

5

SUMMONS Returned Executed by Jason Cook. CO Freeman served on 4/16/2009, answer due 5/6/2009. (DeLuca, Amato) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

6

SUMMONS Returned Executed by Jason Cook. CO Meunier served on 4/13/2009, answer due 5/4/2009. (DeLuca, Amato) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

7

AFFIDAVIT of Service, filed by Jason Cook CO Nakhlis served on 4/13/2009, answer due 5/4/2009. (DeLuca, Amato) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

8

AFFIDAVIT of Service, filed by Jason Cook for Complaint Joseph Jankowski served on 4/13/2009, answer due 5/4/2009. (DeLuca, Amato) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

9

AFFIDAVIT of Service, filed by Jason Cook for Complaint Kirk Kaszyk served on 4/13/2009, answer due 5/4/2009. (DeLuca, Amato) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

10

AFFIDAVIT of Service, filed by Jason Cook Michele Auger served on 4/13/2009, answer due 5/4/2009. (DeLuca, Amato) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

11

AFFIDAVIT of Service, filed by Jason Cook for Complaint Rhode Island Department of Corrections served on 4/13/2009, answer due 5/4/2009. (DeLuca, Amato) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

12

AFFIDAVIT of Service, filed by Jason Cook for Complaint Stephen Boyd served on 4/13/2009, answer due 5/4/2009. (DeLuca, Amato) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

13

AFFIDAVIT of Service, filed by Jason Cook for Complaint Thomas Izzo served on 4/16/2009, answer due 5/6/2009. (DeLuca, Amato) (Entered: 04/28/2009)

April 28, 2009

April 28, 2009

Minute Entry for proceedings held before Judge William E Smith: In Chambers Conference re: Motion for TRO held on 4/29/2009. Amato DeLuca and Matthew Jerzyk for Plaintiff. Michael Grant and Rebecca Partington for Defendants. All counsel of record present. (Geile, Wendy) (Entered: 04/29/2009)

April 29, 2009

April 29, 2009

TEXT ORDER denying 3 Motion for TRO. So Ordered by Judge William E Smith on 4/29/2009. (Geile, Wendy) (Entered: 04/29/2009)

April 29, 2009

April 29, 2009

14

MOTION for an Extension of Time to File Answer re 1 Complaint, by Kirk Kaszyk, Thomas Izzo, Joseph Jankowski, CO Nakhlis, CO Freeman, Rhode Island Department of Corrections, Ashbel T. Wall, Stephen Boyd, Michele Auger. Responses due by 5/18/2009 (Partington, Rebecca) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

15

MOTION to Withdraw by Jason Cook. Responses due by 5/18/2009 (DeLuca, Amato) (Entered: 05/01/2009)

May 1, 2009

May 1, 2009

Motion Forwarded to Chambers 14 MOTION for an Extension of Time to File Answer re 1 Complaint, MOTION for an Extension of Time to File Answer re 1 Complaint, FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy) (Entered: 05/04/2009)

May 4, 2009

May 4, 2009

16

NOTICE of Appearance by Rebecca Tedford Partington on behalf of Kirk Kaszyk, Thomas Izzo, Joseph Jankowski, CO Nakhlis, CO Freeman, Ashbel T. Wall, Stephen Boyd, Michele Auger (Partington, Rebecca) (Entered: 05/04/2009)

May 4, 2009

May 4, 2009

TEXT ORDER granting 14 Motion for Extension of Time to Answer Kirk Kaszyk answer due 5/20/2009; Thomas Izzo answer due 5/20/2009; Joseph Jankowski answer due 5/20/2009; CO Nakhlis answer due 5/20/2009; CO Freeman answer due 5/20/2009; Rhode Island Department of Corrections answer due 5/20/2009; Ashbel T. Wall answer due 5/20/2009; Stephen Boyd answer due 5/20/2009; Michele Auger answer due 5/20/2009. So Ordered by Judge William E Smith on 5/5/2009. (Geile, Wendy) (Entered: 05/05/2009)

May 5, 2009

May 5, 2009

17

MOTION to Dismiss or in the alternative, Motion for Summary Judgment With Supporting Memo by Kirk Kaszyk, Thomas Izzo, Joseph Jankowski, CO Nakhlis, CO Meunier, CO Freeman, Rhode Island Department of Corrections, Ashbel T. Wall, Stephen Boyd, Michele Auger. Responses due by 6/8/2009 (Attachments: # 1 Affidavit)(Partington, Rebecca) (Entered: 05/20/2009)

May 20, 2009

May 20, 2009

Motion Forwarded to Chambers 15 MOTION to Withdraw FORWARDED to Chambers of Judge William E. Smith. (Geile, Wendy) (Entered: 05/21/2009)

May 21, 2009

May 21, 2009

19

MOTION for an Extension of Time to Respond to Defendants' Motion to Dismiss by Jason Cook. Responses due by 6/19/2009 (DeLuca, Amato) (Entered: 06/02/2009)

June 2, 2009

June 2, 2009

Motion Forwarded to Chambers 19 MOTION for an Extension of Time to Respond to Defendants' Motion to Dismiss FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan) (Entered: 06/04/2009)

June 4, 2009

June 4, 2009

TEXT ORDER granting 19 Motion for Extension of Time to respond to 17 MOTION to Dismiss or in the alternative, Motion for Summary Judgment ; Reset Deadlines: Responses due by 6/28/2009. So Ordered by Judge William E Smith on 6/4/09. (Jackson, Ryan) (Entered: 06/04/2009)

June 4, 2009

June 4, 2009

20

RESPONSE in Opposition re 17 MOTION to Dismiss or in the alternative, Motion for Summary Judgment WITH SUPPORTING MEMO filed by Jason Cook. (Attachments: # 1 Supplement Statement of Disputed Facts, # 2 Exhibit Plaintiff's Exhibit 16, # 3 Exhibit Plaintiff's Exhibit 17)(DeLuca, Amato) (Entered: 06/29/2009)

June 29, 2009

June 29, 2009

Motion Forwarded to Chambers 17 MOTION to Dismiss or in the alternative, Motion for Summary Judgment FORWARDED to Chambers of Judge William E. Smith. (Smith, Rana) (Entered: 06/30/2009)

June 30, 2009

June 30, 2009

MOTIONS REFERRED: 17 MOTION to Dismiss or in the alternative, Motion for Summary Judgment Motions referred to Senior Magistrate Judge Jacob Hagopian for Report and Recommendation. (Smith, Rana) (Entered: 07/02/2009)

July 2, 2009

July 2, 2009

21

MOTION for an Extension of Time time to complete discovery by Kirk Kaszyk, Thomas Izzo, Joseph Jankowski, CO Nakhlis, CO Freeman, Rhode Island Department of Corrections, Ashbel T. Wall, Stephen Boyd, Michele Auger. Responses due by 8/10/2009 (Partington, Rebecca) (Entered: 07/24/2009)

July 24, 2009

July 24, 2009

Motion Forwarded to Chambers 21 MOTION for an Extension of Time time to complete discovery FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan) (Entered: 07/29/2009)

July 29, 2009

July 29, 2009

TEXT ORDER granting 21 Motion for Extension of Time. So Ordered by Judge William E. Smith on 7/29/09. (Jackson, Ryan) (Entered: 07/29/2009)

July 29, 2009

July 29, 2009

22

MOTION to Dismiss by Kirk Kaszyk, Thomas Izzo, Joseph Jankowski, CO Nakhlis, CO Freeman, Rhode Island Department of Corrections, Ashbel T. Wall, Stephen Boyd, Michele Auger. Responses due by 1/14/2010 (Partington, Rebecca) (Entered: 12/28/2009)

Dec. 28, 2009

Dec. 28, 2009

23

WITHDRAWAL of : 22 MOTION to Dismiss by Kirk Kaszyk, Thomas Izzo, Joseph Jankowski, CO Nakhlis, CO Freeman, Rhode Island Department of Corrections, Ashbel T. Wall, Stephen Boyd, Michele Auger. (Partington, Rebecca) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

24

MOTION for an Extension of Time by Kirk Kaszyk, Thomas Izzo, Joseph Jankowski, CO Nakhlis, CO Freeman, Rhode Island Department of Corrections, Ashbel T. Wall, Stephen Boyd, Michele Auger. Responses due by 1/15/2010 (Partington, Rebecca) (Entered: 12/29/2009)

Dec. 29, 2009

Dec. 29, 2009

MOTIONS REFERRED: 24 MOTION for an Extension of Time referred to Magistrate Judge Jacob Hagopian. (Jackson, Ryan) (Entered: 01/11/2010)

Jan. 11, 2010

Jan. 11, 2010

25

ORDER granting State of RI's 24 Motion for Extension of Time to respond to Petitioner's Second Request for Production of Documents. So Ordered by Magistrate Judge Jacob Hagopian on 1/19/10. (Jackson, Ryan) (Entered: 01/19/2010)

Jan. 19, 2010

Jan. 19, 2010

27

MEMORANDUM IN SUPPORT by Jason Cook in support of 26 Amended Complaint. (Jerzyk, Matthew) (Entered: 01/25/2010)

Jan. 25, 2010

Jan. 25, 2010

28

MOTION for an Extension of Time to File Answer re 26 Amended Complaint by Kirk Kaszyk, Thomas Izzo, Joseph Jankowski, CO Nakhlis, CO Meunier, CO Freeman, Rhode Island Department of Corrections, Ashbel T. Wall, Stephen Boyd, Michele Auger. Responses due by 2/22/2010 (Partington, Rebecca) (Entered: 02/03/2010)

Feb. 3, 2010

Feb. 3, 2010

MOTIONS REFERRED: 28 MOTION for an Extension of Time to File Answer re 26 Amended Complaint MOTION for an Extension of Time to File Answer re 26 Amended Complaint referred to Magistrate Judge Jacob Hagopian. (Jackson, Ryan) (Entered: 02/10/2010)

Feb. 10, 2010

Feb. 10, 2010

30

REPORT AND RECOMMENDATIONS re 17 MOTION to Dismiss or in the alternative, Motion for Summary Judgment filed by Rhode Island Department of Corrections, Kirk Kaszyk, CO Freeman, Ashbel T. Wall, Joseph Jankowski, Thomas Izzo, Stephen Boyd, Michele Auger, CO Nakhlis, CO Meunier ; Recommending the Motion to Dismiss be DENIED; Objections to R&R due by 3/8/2010. So Ordered by Magistrate Judge Jacob Hagopian on 2/18/10. (Jackson, Ryan)

Feb. 18, 2010

Feb. 18, 2010

RECAP
29

ORDER granting 28 Motion for Extension of Time to Answer Plaintiff's Amended Complaint. So Ordered by Magistrate Judge Jacob Hagopian on 2/18/10. (Jackson, Ryan) (Entered: 02/18/2010)

Feb. 18, 2010

Feb. 18, 2010

32

ORDER adopting 30 Report and Recommendations; denying 17 Motion to Dismiss. So Ordered by Judge William E. Smith on 3/15/10. (Jackson, Ryan)

March 16, 2010

March 16, 2010

RECAP
31

MOTION to Dismiss Amended Complaint With Supporting Memo by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall, Corrections Officer Isom. Responses due by 4/2/2010 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Affidavit of Robert McCutcheon, # 4 Exhibit 3)(Partington, Rebecca) Filers Modified on 4/6/2010 (Farrell Pletcher, Paula). (Entered: 03/16/2010)

March 16, 2010

March 16, 2010

33

RESPONSE in Opposition re 31 MOTION to Dismiss Amended Complaint WITH SUPPORTING MEMO filed by Jason Cook. (Attachments: # 1 Statement of Disputed Facts)(DeLuca, Amato) (Entered: 04/02/2010)

April 2, 2010

April 2, 2010

34

SUMMONS Returned Executed by Corrections Officer Isom. Corrections Officer Isom served on 3/2/2010, answer due 3/23/2010. (DeLuca, Amato) (Entered: 04/05/2010)

April 5, 2010

April 5, 2010

Motion Forwarded to Chambers 31 MOTION to Dismiss Amended Complaint FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan) (Entered: 04/06/2010)

April 6, 2010

April 6, 2010

MOTIONS REFERRED: 31 MOTION to Dismiss Amended Complaint referred to Magistrate Judge Jacob Hagopian for Report & Recommendation. (Jackson, Ryan) (Entered: 04/07/2010)

April 7, 2010

April 7, 2010

35

STIPULATION by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. (Partington, Rebecca)

June 18, 2010

June 18, 2010

37

MOTION to Expedite Hearing with supporting memo by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. Responses due by 7/12/2010 (Partington, Rebecca) (Entered: 06/23/2010)

June 23, 2010

June 23, 2010

Motion Forwarded to Chambers 36 MOTION for Protective Order and Motion for Stay of Discovery , 37 MOTION to Expedite Hearing FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan) (Entered: 06/24/2010)

June 24, 2010

June 24, 2010

TEXT ORDER granting 36 Motion for Protective Order until such time as the Court either decides the Motion to Dismiss, or until the case is answered and a discovery schedule is set; if Plaintiff feels expedited discovery is called for, then he may file a motion to take depositions prior to the determination of the Motion to Dismiss; granting 37 Motion to Expedite. So Ordered by Judge William E. Smith on 6/25/10. (Jackson, Ryan) (Entered: 06/25/2010)

June 25, 2010

June 25, 2010

38

NOTICE by Jason Cook of Withdrawal of Appearance (Jerzyk, Matthew) (Entered: 12/23/2010)

Dec. 23, 2010

Dec. 23, 2010

Case Reassigned to Magistrate Judge Lincoln D. Almond. Magistrate Judge Jacob Hagopian no longer assigned to the case. (Farrell Pletcher, Paula) (Entered: 02/10/2011)

Feb. 10, 2011

Feb. 10, 2011

Motions No Longer Referred: 31 MOTION to Dismiss Amended Complaint no longer referred to Magistrate Judge Hagopian. Case referred back to Judge Smith. (Farrell Pletcher, Paula) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

MOTIONS REFERRED: 31 MOTION to Dismiss Amended Complaint referred to Magistrate Judge Lincoln D. Almond for report & recommendation. (Jackson, Ryan) (Entered: 09/26/2011)

Sept. 26, 2011

Sept. 26, 2011

NOTICE of Hearing on Motion 31 MOTION to Dismiss Amended Complaint : Motion Hearing set for 4/5/2012 10:00 AM in Courtroom A before Magistrate Judge Lincoln D. Almond. (Noel, Jeannine) (Entered: 03/14/2012)

March 14, 2012

March 14, 2012

39

NOTICE of Appearance by Brian N. Goldberg on behalf of Jason Cook (Noel, Jeannine) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Motion Hearing held on 4/5/2012 re 31 MOTION to Dismiss Amended Complaint filed by Rhode Island Department of Corrections, Kirk Kaszyk, CO Freeman, Ashbel T. Wall, Corrections Officer Isom, Joseph Jankowski, Thomas Izzo, Stephen Boyd, Michele Auger, CO Nakhlis, CO Meunier. (Goldberg, Partington, Grant) Argument; Court takes matter under advisement; R&R to follow (Courtroom A at 10:05 am.) (Noel, Jeannine) (Entered: 04/05/2012)

April 5, 2012

April 5, 2012

40

REPORT AND RECOMMENDATIONS recommending that Defendants' Motion to Dismiss be GRANTED in part and DENIED in part as provided herein. In particular, recommending that Counts II, III, IV, V (as it relates to Article 1, § 2 of the R.I. Con stitution) and VII of Plaintiff's Amended Complaint be DISMISSED. 31 MOTION to Dismiss Amended Complaint filed by Rhode Island Department of Corrections, Kirk Kaszyk, CO Freeman, Ashbel T. Wall, Corrections Officer Isom, Joseph Jankowski, Thomas Izzo, Stephen Boyd, Michele Auger, CO Nakhlis, CO Meunier Objections to R&R due by 10/4/2012. So Ordered by Magistrate Judge Lincoln D. Almond on 9/17/2012. (Noel, Jeannine)

Sept. 17, 2012

Sept. 17, 2012

RECAP
41

NOTICE of Appearance by Matthew I. Shaw on behalf of Michele Auger, Stephen Boyd, CO Freeman, CO Nakhlis, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Ashbel T. Wall (Shaw, Matthew) (Entered: 10/01/2012)

Oct. 1, 2012

Oct. 1, 2012

43

OBJECTION to 40 Report and Recommendations WITH SUPPORTING MEMO filed by Jason Cook. (Attachments: # 1 Supporting Memorandum, # 2 Exhibit Exhibit 1)(DeLuca, Amato) (Entered: 10/03/2012)

Oct. 3, 2012

Oct. 3, 2012

Motion Forwarded to Chambers 40 REPORT AND RECOMMENDATIONS re 31 MOTION to Dismiss Amended Complaint filed by Rhode Island Department of Corrections, Kirk Kaszyk, CO Freeman, Ashbel T. Wall, Corrections Officer Isom, Joseph Jankowski, Thomas Izzo, Stephen Boyd, M FORWARDED to Chambers of Judge William E. Smith. (Jackson, Ryan) (Entered: 10/05/2012)

Oct. 5, 2012

Oct. 5, 2012

44

REPLY MEMORANDUM re 42 Objection to Report and Recommendations, Plaintiff's Reply to Defendants' Objection, with Supporting Memorandum . (Attachments: # 1 Supporting Memorandum)(DeLuca, Amato) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

NOTICE of Hearing on Objections to 40 REPORT AND RECOMMENDATIONS re 31 MOTION to Dismiss Amended Complaint filed by Rhode Island Department of Corrections, Kirk Kaszyk, CO Freeman, Ashbel T. Wall, Corrections Officer Isom, Joseph Jankowski, Thomas Izzo, Stephen Boyd, M : Motion Hearing scheduled for 1/7/2013 at 3:30 PM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan) (Entered: 11/05/2012)

Nov. 5, 2012

Nov. 5, 2012

Reset Hearings re: Notice of Hearing on OBJECTIONS to 40 REPORT AND RECOMMENDATIONS re 31 MOTION to Dismiss Amended Complaint filed by Rhode Island Department of Corrections, Kirk Kaszyk, CO Freeman, Ashbel T. Wall, Corrections Officer Isom, Joseph Jankowski, Thomas Izzo, Stephen Boyd: Motion Hearing RE−SCHEDULED for 1/28/2013 at 2:00 PM in Courtroom 2 before Judge William E. Smith. (Jackson, Ryan) (Entered: 11/27/2012)

Nov. 27, 2012

Nov. 27, 2012

Minute Entry for proceedings held before Judge William E. Smith: Objection to Report & Recommendation Hearing held on 1/28/2013 re 40 . (DeLuca, Shaw, Pardington) Court addresses. Arguments heard on each parties objections to the Magistrate Judge's Report and Recommendation (R&R). Court questions. Each side responds. Court takes matter under advisement and will issue a ruling. Recess. (Court Reporter Anne Clayton in Courtroom 2 at 2:05 p.m.) (Urizandi, Nisshy) (Entered: 01/28/2013)

Jan. 28, 2013

Jan. 28, 2013

45

ORDER granting in part and denying in part 31 Motion to Dismiss; adopting in part 40 Report and Recommendations. So Ordered by Judge William E. Smith on 2/28/13. (Jackson, Ryan)

Feb. 28, 2013

Feb. 28, 2013

RECAP
46

Assented MOTION for an Extension of Time to File Answer re 26 Amended Complaint by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. Responses due by 3/25/2013 (Shaw, Matthew) (Entered: 03/08/2013)

March 8, 2013

March 8, 2013

TEXT ORDER granting 46 Motion for Extension of Time to Answer re 26 Amended Complaint: Michele Auger answer due 4/1/2013; Stephen Boyd answer due 4/1/2013; CO Freeman answer due 4/1/2013; CO Meunier answer due 4/1/2013; CO Nakhlis answer due 4/1/2013; Corrections Officer Isom answer due 4/1/2013; Thomas Izzo answer due 4/1/2013; Joseph Jankowski answer due 4/1/2013; Kirk Kaszyk answer due 4/1/2013; Rhode Island Department of Corrections answer due 4/1/2013; Ashbel T. Wall answer due 4/1/2013.. So Ordered by Judge William E. Smith on 3/15/13. (Jackson, Ryan) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

47

Defendants' ANSWER to 26 Amended Complaint by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall.(Shaw, Matthew) (Entered: 03/26/2013)

March 26, 2013

March 26, 2013

48

ERROR. PLEASE DISREGARD THIS NOTICE. NOTICE of Telephonic Hearing: Telephonic Rule 16 Conference set for 4/18/2013 02:00 PM before Magistrate Judge Lincoln D. Almond. Parties to participate via phone. The court will initiate the

April 11, 2013

April 11, 2013

49

CORRECTED NOTICE of Hearing: Rule 16 Conference set for 4/30/2013 02:00 PM in Courtroom A before Magistrate Judge Lincoln D. Almond. (Noel, Jeannine) (Entered: 04/11/2013)

April 11, 2013

April 11, 2013

50

RULE 16 STATEMENT by Jason Cook. (DeLuca, Amato) (Entered: 04/22/2013)

April 22, 2013

April 22, 2013

Minute Entry for proceedings held before Magistrate Judge Lincoln D. Almond: Rule 16 Conference held on 4/30/2013. (Courtroom A at 2:07 pm.) (Noel, Jeannine) (Entered: 04/30/2013)

April 30, 2013

April 30, 2013

51

STANDARD PRETRIAL ORDER: Factual Discovery due by 10/31/2013. Dispositive Motions due by 11/15/2013. Counsel shall file electronically a pretrial memorandum, 30 days after a decision on any dispositive motion, or, if no dispositive motions are filed, by 11/30/2013. So Ordered by Magistrate Judge Lincoln D. Almond on 5/9/2013. (Noel, Jeannine) (Entered: 05/09/2013)

May 9, 2013

May 9, 2013

52

MOTION for an Extension of Time WITH SUPPORTING MEMO by Jason Cook. Responses due by 7/15/2013 (Mega, Jeffrey) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

53

MEMORANDUM IN SUPPORT by Jason Cook in support of 52 MOTION for an Extension of Time . (Mega, Jeffrey) (Entered: 06/27/2013)

June 27, 2013

June 27, 2013

54

RESPONSE to Motion re 52 MOTION for an Extension of Time filed by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. (Shaw, Matthew) Modified on 7/1/2013*Document incomplete refer to #55 (McGuire, Vickie). (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

55

RESPONSE to Motion re 52 MOTION for an Extension of Time filed by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. (Shaw, Matthew) (Entered: 06/28/2013)

June 28, 2013

June 28, 2013

TEXT ORDER granting 52 Motion for Extension of Time to July 24, 2013 within which to answer and/or otherwise respond to Defendants' Interrogatories and Request for Production. Defendants' Cross−Request to extend the discovery deadline (Document No. 55) is DENIED as premature. So Ordered by Magistrate Judge Lincoln D. Almond on 7/2/2013. (Noel, Jeannine) (Entered: 07/02/2013)

July 2, 2013

July 2, 2013

56

Assented MOTION for an Extension of Time to Complete Discovery by December 20, 2013 filed by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. Responses due by 9/9/2013 (Shaw, Matthew) (Entered: 08/21/2013)

Aug. 21, 2013

Aug. 21, 2013

57

MOTION for Discovery To Take Deposition of Incarcerated Individuals filed by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. Responses due by 9/9/2013 (Shaw, Matthew) (Entered: 08/21/2013)

Aug. 21, 2013

Aug. 21, 2013

TEXT ORDER granting 57 MOTION for Discovery To Take Deposition of Incarcerated Individuals filed by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. So Ordered by Magistrate Judge Lincoln D. Almond on 8/23/2013. (Noel, Jeannine) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

TEXT ORDER granting for good cause shown 56 Defendants' Assented to Motion for Enlargement of Time up to and including December 20, 2013 to conduct factual discovery. So Ordered by Magistrate Judge Lincoln D. Almond on 8/23/2013. (Noel, Jeannine) (Entered: 08/23/2013)

Aug. 23, 2013

Aug. 23, 2013

58

MOTION to Take Deposition from Elliott Rivera filed by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. Responses due by 9/16/2013 (Shaw, Matthew) (Entered: 08/29/2013)

Aug. 29, 2013

Aug. 29, 2013

TEXT ORDER granting 58 MOTION to Take Deposition from Elliott Rivera. So Ordered by Magistrate Judge Lincoln D. Almond on 9/23/2013. (Noel, Jeannine) (Entered: 09/23/2013)

Sept. 23, 2013

Sept. 23, 2013

59

STIPULATION For Extension of Time by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. (Shaw, Matthew) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

60

Assented MOTION for an Extension of Time to Extend Discovery Deadline filed by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. Responses due by 11/18/2013 (Shaw, Matthew) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

TEXT ORDER granting 60 Defendants' Assented to Motion to Extend Discovery Deadline to February 20, 2014. Set/Reset Deadlines: ( Discovery due by 2/20/2014.) FINAL EXTENSION. So Ordered by Magistrate Judge Lincoln D. Almond on 11/14/2013. (Noel, Jeannine) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

61

MOTION to Take Deposition from Michael Connolly filed by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. Responses due by 2/10/2014 (Shaw, Matthew) (Entered: 01/24/2014)

Jan. 24, 2014

Jan. 24, 2014

TEXT ORDER granting absent opposition 61 MOTION to Take Deposition from Michael Connolly filed by Michele Auger, Stephen Boyd, CO Freeman, CO Meunier, CO Nakhlis, Corrections Officer Isom, Thomas Izzo, Joseph Jankowski, Kirk Kaszyk, Rhode Island Department of Corrections, Ashbel T. Wall. So Ordered by Magistrate Judge Lincoln D. Almond on 2/18/2014. (Noel, Jeannine) (Entered: 02/18/2014)

Feb. 18, 2014

Feb. 18, 2014

62

MOTION to Compel Further Responses to Requests for Production of Documents filed by Jason Cook. Responses due by 3/10/2014 (Miller, Shad) (Entered: 02/20/2014)

Feb. 20, 2014

Feb. 20, 2014

63

RESPONSE in Opposition re 62 MOTION to Compel Further Responses to Requests for Production of Documents filed by Rhode Island Department of Corrections. (Shaw, Matthew) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

NOTICE of Hearing:Summary Judgment Conference scheduled for 3/18/2014 at 11:00 AM in Chambers before Chief Judge William E. Smith. (Jackson, Ryan) (Entered: 03/03/2014)

March 3, 2014

March 3, 2014

Minute Entry for proceedings held before Chief Judge William E. Smith: Summary Judgment Conference held on 3/18/2014; counsel present: A. DeLuca; R. Partington, M. Grant, M. Shaw. (Jackson, Ryan) (Entered: 03/18/2014)

March 18, 2014

March 18, 2014

64

STIPULATION re 62 MOTION to Compel Further Responses to Requests for Production of Documents by Jason Cook. (Miller, Shad) (Entered: 03/24/2014)

March 24, 2014

March 24, 2014

TEXT ORDER ENTERING re 64 STIPULATION re 62 MOTION to Compel Further Responses to Requests for Production of Documents by Jason Cook. So Ordered by Magistrate Judge Lincoln D. Almond on 3/25/2014. (Noel, Jeannine) (Entered: 03/25/2014)

March 25, 2014

March 25, 2014

65

MOTION to Quash and Objection to Subpoena and for Protective Order With Supporting Memo filed by Rhode Island Department of Corrections. Responses due by 5/27/2014 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Shaw, Matthew) Modified on 5/12/2014 CLERK’S NOTE: Remote electronic access to the document has been restricted by the Clerk’s Office as it contains one or more

May 9, 2014

May 9, 2014

TEXT ORDER granting in part 65 MOTION to Quash and Objection to Subpoena and for Protective Order. The subpoena is not quashed; however, a protective order is issued limiting the examination of Mr. Springer to the claims and defenses asserted in the pleadings. Mr. Springer may not be examined on any new allegations of retaliation or regarding the pending investigation of Plaintiff's alleged violation of a no−contact order. So Ordered by Magistrate Judge Lincoln D. Almond on 5/23/2014. (Noel, Jeannine) (Entered: 05/23/2014)

May 23, 2014

May 23, 2014

Case Details

State / Territory: Rhode Island

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: April 9, 2009

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An inmate at the John J. Moran correctional facility in Rhode Island.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Rhode Island Department of Corrections, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Due Process

Excessive bail/fines

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 7500

Content of Injunction:

Preliminary relief denied

Issues

General:

Classification / placement

Disciplinary procedures

Strip search policy

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Good time

Grievance procedures

Type of Facility:

Government-run