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Case Name Scott v. Quay JC-NY-0072
Docket / Court 1:19-cv-01075-MKB-SMG ( E.D.N.Y. )
Additional Docket(s) 19-cv-5039  [ 19-5039 ]  Eastern District of NY (U.S.)
1:19-cv-02568-ERK-PK  [ 19-2568 ]  Eastern District of NY (U.S.)
State/Territory New York
Case Type(s) Jail Conditions
Case Summary
On February 22, 2019, two individuals who were in the custody of the Federal Bureau of Prisons (BOP) at the Metropolitan Detention Center (MDC), Brooklyn, New York brought a putative class action lawsuit against the warden of the Metropolitan Detention Center (MDC) in the U.S. District Court for ... read more >
On February 22, 2019, two individuals who were in the custody of the Federal Bureau of Prisons (BOP) at the Metropolitan Detention Center (MDC), Brooklyn, New York brought a putative class action lawsuit against the warden of the Metropolitan Detention Center (MDC) in the U.S. District Court for the Eastern District of New York. The case was assigned to District Judge Margo K. Brodie.

Suing under Bivens, the plaintiffs alleged that during the period from January 27, 2019 to February 3, 2019, MDC was plunged into darkness and cold, and those incarcerated at the MDC were consequently subjected to unconstitutional and inhumane conditions that amounted to constitutional violations of the Fifth and Eighth Amendments. The plaintiffs alleged that due to there being no heat or light, those in custody were were in complete and near-complete lockdown in cells, had limited medical care, had infrequent showers and limited hot water, no exercise, no clean laundry, no commissary, no hot meals, no access to counsel, no email, and no family visits. These conditions, they argued, amounted to unlawful punishment for the pretrial detainees, and thus was in violation of the Fifth Amendment. Regarding the post-conviction detainees, the plaintiffs argued that by failing to act on the condition issues, MDC was deliberately indifferent to the plaintiffs’ degrading and inhuman conditions of confinement in violation of their Eighth Amendment right to be free from cruel and unusual punishment. Represented by private counsel and the civil rights clinic at Cardozo School of Law, the plaintiffs requested compensatory and punitive damages and attorneys' fees.

The plaintiffs filed their first amended complaint on November 15, 2019, adding the MDC facilities manager and the United States as defendants. Regarding the United States, the plaintiffs sued it under the Federal Tort Claims Act (FTCA) and requested damages for negligence.

On November 21, 2019, defendants sought an unopposed 45 day extension of their time allotted to file a motion to dismiss as well as a stay on discovery until then (which plaintiffs opposed). After a conference held on November 26, 2020, Judge Gold granted the extension and denied the stay. After continued discovery, the defendants filed a motion to dismiss for failure to state a claim and lack of jurisdiction on May 8, 2020.

Meanwhile, discovery continued and the parties litigated a protective order. On October 21, 2020, the court held an oral argument before Magistrate Judge Steven M. Gold on the defendants' motion to dismiss. Subsequently, on November 16, 2020, Judge Gold issued his report and recommendations on the motion to dismiss: he recommended that the motion be granted with respect to the Bivens claims against defendants warden and facilities manager and denied with respect to the FTCA claim brought against the United States. The United States filed a motion in opposition on December 7, 2020.

Meanwhile, the case was reassigned to Magistrate Judge Peggy Kuo and on February 16, 2021, it was reassigned to Judge Edward R. Korman. On March 22, 2021, Judge Korman adopted Judge Gold's report and recommendation on the motion to dismiss in its entirety. Discovery continued.

On March 22, 2022, Judge Korman announced that he was considering consolidating this case with related matters Haskins v. United States BOP, 19-cv-2568, and O'Neal v. United States, 19-cv-5039, with which this case shared common questions of law and fact. See Fed. R. Civ. P. 42. He additionally ordered that any party opposing consolidation was ordered to show cause why the actions should not be consolidated by April 2, 2021. Accordingly, on April 2, he consolidated the cases.

The case is ongoing.

Michael Beech - 03/30/2019
Alex Moody - 05/26/2020


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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
Bathing and hygiene
Conditions of confinement
Personal injury
Recreation / Exercise
Sanitation / living conditions
Totality of conditions
Medical/Mental Health
Medical care, general
Medical care, unspecified
Medication, administration of
Mental health care, general
Mental health care, unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Ex Parte Young (Federal) or Bivens
Defendant(s) Warden
Plaintiff Description Individuals who were detained in the Metropolitan Detention Center ("MDC"), Brooklyn, New York, during the period from January 27, 2019 to February 3, 2019.
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
Filed 02/22/2019
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
Court Docket(s)
E.D.N.Y.
04/06/2021
1:19-cv-01075
JC-NY-0072-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D.N.Y.
02/22/2019
Class Action Complaint [ECF# 1]
JC-NY-0072-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D.N.Y.
11/15/2019
Amended Class Action Complaint and Jury Demand [ECF# 29]
JC-NY-0072-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D.N.Y.
05/08/2020
Notice of Motion [ECF# 65, 65-1]
JC-NY-0072-0003.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges Korman, Edward Robert (E.D.N.Y.) show/hide docs
JC-NY-0072-9000
Kuo, Peggy Court not on record [Magistrate] show/hide docs
JC-NY-0072-9000
Plaintiff's Lawyers Ginsberg, Betsy R. (New York) show/hide docs
JC-NY-0072-0002 | JC-NY-0072-9000
Katovich, Scout Katherine (New York) show/hide docs
JC-NY-0072-0002 | JC-NY-0072-9000
Reinert, Alexander A. (New York) show/hide docs
JC-NY-0072-0002 | JC-NY-0072-9000
Rosenfeld, Katherine (New York) show/hide docs
JC-NY-0072-0001 | JC-NY-0072-0002 | JC-NY-0072-9000
Wilson, O. Andrew F. (New York) show/hide docs
JC-NY-0072-0002 | JC-NY-0072-9000
Defendant's Lawyers Donoghue, Richard P. (New York) show/hide docs
JC-NY-0072-0003
Eichenholtz, Seth D (New York) show/hide docs
JC-NY-0072-0003 | JC-NY-0072-9000
Greene, Sean P (New York) show/hide docs
JC-NY-0072-0003 | JC-NY-0072-9000
Mahoney, Kathleen Anne (New York) show/hide docs
JC-NY-0072-9000
Priore, Shana C (New York) show/hide docs
JC-NY-0072-0003 | JC-NY-0072-9000
Stamatelos, Paulina (New York) show/hide docs
JC-NY-0072-9000

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