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Case Name Steele-Warrick v. Microgenics PC-NY-0074
Docket / Court 1:19-cv-06558 ( E.D.N.Y. )
State/Territory New York
Case Type(s) Prison Conditions
Attorney Organization Emery Celli Brinckerhoff & Abady LLP
Legal Services/Legal Aid
Prisoners' Legal Services of New York (PLSNY)
Case Summary
On November 19, 2019, a formerly incarcerated individual filed this putative class action lawsuit in the U.S. District Court for the Eastern District of New York. The case sought damages for alleged negligence by Microgenics Corporation and its parent company Thermo Fischer Scientific Corporation ... read more >
On November 19, 2019, a formerly incarcerated individual filed this putative class action lawsuit in the U.S. District Court for the Eastern District of New York. The case sought damages for alleged negligence by Microgenics Corporation and its parent company Thermo Fischer Scientific Corporation. Represented by Prisoners Legal Services and the civil rights firm Emery Celli Brinckerhoff & Abady, the complaint alleged that the defendants' failure to ensure that their urinalysis machines were providing accurate and reliable test results led to false positives on in-prison drug tests. Consequently, affected prisoners were wrongly punished, through solitary confinement, loss of visitation rights, and in some cases held "well-beyond their release dates."

On March 5, 2020, the plaintiff filed an amended complaint to explain in greater detail the alleged problems with the defendant's testing equipment that resulted in the plaintiff's injuries. Discovery in the case proceeded, though with significant delay caused by the coronavirus pandemic. The case is currently in discovery and is assigned to Magistrate Judge Vera Scanlon for all purposes. A pre-motion hearing is set for June 29, 2020.

Graham Rotenberg - 05/19/2020


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Issues and Causes of Action
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Issues
General
Conditions of confinement
Personal injury
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) Microgenics Corporation
Thermo Fischer Scientific
Plaintiff Description Putative class: all persons who obtained positive testing results for Suboxone/buprenorphine generated by Indiko Plus urinalysis analyzers while in DOCCS custody in 2019.
Indexed Lawyer Organizations Emery Celli Brinckerhoff & Abady LLP
Legal Services/Legal Aid
Prisoners' Legal Services of New York (PLSNY)
Class action status sought Yes
Class action status granted Not sought
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filed 11/20/2019
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.
04/29/2020
1:19-cv-06558-VMS
PC-NY-0074-9000.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
General Documents
E.D.N.Y.
11/20/2019
Class Action Complaint: Jury Trial Demanded [ECF# 1]
PC-NY-0074-0001.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
E.D.N.Y.
03/05/2020
First Amended Class Action Complaint: Jury Trial Demanded [ECF# 31]
PC-NY-0074-0002.pdf | Detail
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Plaintiff's Lawyers Bentivegna, Dave (New York) show/hide docs
PC-NY-0074-0001 | PC-NY-0074-0002 | PC-NY-0074-9000
Brinckerhoff, Matthew D. (New York) show/hide docs
PC-NY-0074-0001 | PC-NY-0074-0002 | PC-NY-0074-9000
Burra, Ananda Venkata (New York) show/hide docs
PC-NY-0074-9000
Cassidy, Michael (New York) show/hide docs
PC-NY-0074-0001 | PC-NY-0074-0002 | PC-NY-0074-9000
Celli, Andrew G. Jr. (New York) show/hide docs
PC-NY-0074-0001 | PC-NY-0074-0002
Hutchings, Betsy (New York) show/hide docs
PC-NY-0074-0001 | PC-NY-0074-0002 | PC-NY-0074-9000
Jolicoeur, Nicole (New York) show/hide docs
PC-NY-0074-0001 | PC-NY-0074-0002
Kaufman, Alanna Gayle (New York) show/hide docs
PC-NY-0074-0001 | PC-NY-0074-0002 | PC-NY-0074-9000
Murtaugh, Karen (New York) show/hide docs
PC-NY-0074-0001 | PC-NY-0074-0002
Defendant's Lawyers Carton, Christopher (New Jersey) show/hide docs
PC-NY-0074-9000
Hsu, Alexander (Minnesota) show/hide docs
PC-NY-0074-9000
Marcusen, Nathan J (Minnesota) show/hide docs
PC-NY-0074-9000
Mekles, Erica Michelle Singer (New Jersey) show/hide docs
PC-NY-0074-9000

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