Case: NYSCOPBA v. Cuomo

1:21-cv-00535 | U.S. District Court for the Northern District of New York

Filed Date: May 7, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case challenging New York policies aimed at limiting solitary confinement in prisons. New York began limiting the use of solitary confinement as a sanctioning tool in prisons in 2012. Simultaneously, individuals incarcerated in New York prisons filed a class-action suit in the U.S. District Court for the Southern District of New York based on Eighth Amendment claims that solitary confinement was cruel and unusual punishment. In that case, Peoples v. Annucci, the parties reached a sett…

This is a case challenging New York policies aimed at limiting solitary confinement in prisons. New York began limiting the use of solitary confinement as a sanctioning tool in prisons in 2012. Simultaneously, individuals incarcerated in New York prisons filed a class-action suit in the U.S. District Court for the Southern District of New York based on Eighth Amendment claims that solitary confinement was cruel and unusual punishment. In that case, Peoples v. Annucci, the parties reached a settlement agreement in 2014 limiting the use of solitary confinement. Finally, on March 18, 2021, the New York Legislature passed the Humane Alternatives to Long-Term Solitary Confinement Act (HALT) to further limit and regulate solitary confinement within state prisons.

These legal and legislative actions formed the basis for this lawsuit. On May 7, 2021, the New York State Correctional Officers and Police Benevolent Association (NYSCOPBA)—the collective bargaining representative for Security Services of New York State’s correction officer employees—and individual correction officers, on behalf of themselves and a putative class of over 18,000 similarly situated individuals, filed this lawsuit in U.S. District Court for the Northern District of New York. The plaintiffs sued the State of New York, the governor of New York in his official capacity, the New York State Department of Corrections and Community Supervision, and the acting commissioner of the New York State Department of Corrections and Community Supervision in his official capacity under 42 U.S.C. § 1983. Represented by private counsel, the plaintiffs sought class certification, declaratory relief, injunctive relief in the form of orders enjoining the implementation of HALT and the enforcement of the 2014 Annucci settlement agreement, and costs and attorneys’ fees. The plaintiffs alleged that violence against correction officers had increased significantly since 2012 because incarcerated people were more likely to perpetrate acts of violence against correction officers without the deterrent effect of solitary confinement sanctions, and they predicted an even greater increase in violence as a result of HALT. They claimed these policies violated state employees’ substantive due process right under the Fourteenth Amendment to be free from state-created danger. 

On September 21, 2021, the defendants moved to dismiss the lawsuit for failure to state a claim. The defendants alleged both that the plaintiffs lacked Article III standing because they claimed future injury and that the plaintiffs failed to state a claim because the Supreme Court had never recognized the state-created danger doctrine. The defendants also objected to the plaintiffs’ request that the court enjoin enforcement of the Annucci settlement agreement, because one district court cannot review the decision of another district court. 

That motion to dismiss is pending before the court, and case is ongoing as of March 31, 2022. 

Summary Authors

Laura Irei (4/2/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59894194/parties/new-york-state-correctional-officers-and-police-benevolent-association/


Attorney for Plaintiff

Hannigan, Emily Grace (New York)

Myers, Gregory Taylor (New York)

Attorney for Defendant

McCartin, Michael G (New York)

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Documents in the Clearinghouse

Document

1:21-cv-00535

Docket [PACER]

Benevolent Association, Inc. v. Cuomo

Sept. 17, 2021

Sept. 17, 2021

Docket
1

1:21-cv-00535

Class Action Complaint for Deprivation of Rights

New York State Correctional Officers and Police Benevolent Associations, INC. v. Cuomo

May 7, 2021

May 7, 2021

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59894194/new-york-state-correctional-officers-and-police-benevolent-association/

Last updated March 19, 2024, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Anthony Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, State of New York (Filing fee $402 receipt number ANYNDC-5517975) filed by Chloe Hayes, Thomas Hannah, New York State Correctional Officers and Police Benevolent Association, Inc., Erik Mesunas, Kerri Montgomery, Sarah Tompkins, Alexander Voitsekhovski. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Civil Cover Sheet)(khr) (Entered: 05/10/2021)

May 7, 2021

May 7, 2021

PACER
2

FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by New York State Correctional Officers and Police Benevolent Association, Inc. (khr) (Entered: 05/10/2021)

May 7, 2021

May 7, 2021

PACER
3

Summons Issued as to Andrew Cuomo. (Attachments: # 1 Summons issued to Anthony Annucci, # 2 Summons issued to NYSDOCCS, # 3 Summons issued to State of New York)(khr) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
4

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 8/9/2021 10:00 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/2/2021. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER
5

TEXT-ONLY NOTICE REGARDING JUDGE D'AGOSTINO CASE DISPOSITION PILOT - Please refer to the Individual Rules and Practices of the Hon. Mae A. D'Agostino, U.S. District Judge, for guidance regarding the Case Disposition Pilot. https://www.nynd.uscourts.gov/sites/nynd/files/MAD_Rules_of_Practice_04_14_2020.pdf. (khr) (Entered: 05/10/2021)

May 10, 2021

May 10, 2021

PACER

TEXT NOTICE: Although the plaintiffs herein have named John and Jane Does 1-18,000 in the Complaint, the Clerk's Office will not issue summonses for service of process on a John and Jane Doe defendant at this time. In the event plaintiffs wish to pursue the claims against those defendants, plaintiffs shall take reasonable steps to ascertain their identities. When plaintiffs determine the identity of the "John and Jane Doe" defendants, plaintiffs may seek to amend the pleadings to add the properly named defendants pursuant to FED.R.CIV.P. 15 and summonses will be issued at that time. (khr)

May 10, 2021

May 10, 2021

PACER
6

AFFIDAVIT of Service for Summons in a Civil Action with Class Action Complaint for Deprivation of Rights with Supporting Papers and Notice with General Order #25 and Supporting Papers Andrew Cuomo, Governor of the State of New York care of NYS Attorney General served on Cristal Gazelone, Authorized Clerk on 5/11/21, filed by New York State Correctional Officers and Police Benevolent Association, Inc.. (Myers, Gregory) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
7

AFFIDAVIT of Service for Summons in a Civil Action with Class Action Complaint for Deprivation of Rights with Supporting Papers and Notice with General Order #25 and Supporting Papers on New York State Department of Corrections and Community Supervision, care of Anthony J. Annucci served on Kevin Kortright, authorized to accept on 5/11/21, filed by New York State Correctional Officers and Police Benevolent Association, Inc.. (Myers, Gregory) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER
8

AFFIDAVIT of Service for Summons in a Civil Action with Class Action Complaint for Deprivation of Rights with Supporting Papers and Notice with General Order #25 and Supporting Papers on State of New York served on Denise Gagwer, legal assistant, authorized to accept on 5/11/21, filed by New York State Correctional Officers and Police Benevolent Association, Inc.. (Myers, Gregory) (Entered: 05/13/2021)

May 13, 2021

May 13, 2021

PACER

***Answer due date updated for Andrew Cuomo answer due 6/1/2021; New York State Department of Corrections and Community Supervision answer due 6/1/2021; State of New York answer due 6/1/2021. (khr)

May 13, 2021

May 13, 2021

PACER
9

Letter Motion from Brian W. Matula, Esq. for Anthony Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, State of New York requesting 45-day extension of time to answer or to submit pre-answer request to move (ON CONSENT) submitted to Judge Christian F. Hummel . (Matula, Brian) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

RECAP
10

TEXT ORDER granting 9 Letter Request for an extension of the answer deadline. Anthony Annucci answer due 7/15/2021; Andrew Cuomo answer due 7/15/2021; New York State Department of Corrections and Community Supervision answer due 7/15/2021; State of New York answer due 7/15/2021. Authorized by Magistrate Judge Christian F. Hummel on 5/28/2021. (tab) (Entered: 05/28/2021)

May 28, 2021

May 28, 2021

PACER

Order on Letter Request

May 28, 2021

May 28, 2021

PACER
11

Letter Motion from Brian Matula, AAG for Anthony Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, State of New York requesting permission to file a Motion to Dismiss submitted to Judge D'Agostino . (McCartin, Michael) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

RECAP
12

Plaintiffs' Letter Motion from Emily G. Hannigan for John and Jane Does 1-18,000, Thomas Hannah, Chloe Hayes, Erik Mesunas, Kerri Montgomery, New York State Correctional Officers and Police Benevolent Association, Inc., Sarah Tompkins, Alexander Voitsekhovski requesting that the Court deny defendant's request for permission to file a motion to dismiss submitted to Judge Hon. Mae A D'Agostino . (Hannigan, Emily) (Entered: 07/19/2021)

July 19, 2021

July 19, 2021

PACER
13

NOTICE of Appearance by Brian W. Matula on behalf of Anthony Annucci, Andrew Cuomo, New York State Department of Corrections and Community Supervision, State of New York (Matula, Brian) (Entered: 07/20/2021)

July 20, 2021

July 20, 2021

PACER

TEXT Minute Entry for Telephone Pre-Motion Conference held on 7/20/2021 before U.S. District Judge Mae A. D'Agostino: Appearances by Emily Hannigan, Esq. for the Plaintiffs; Brian Matula, AAG and Michael McCartin, AAG for defendants; Judge D'Agostino addresses counsel regarding the pre-motion letter and response. Counsel for the plaintiff and counsel for the defendant address the Court. Judge D'Agostino will permit defendant's to make their motion to dismiss. The motion shall be filed on or before 9/20/21. No extensions of this deadline will be entertained. (Court Reporter Theresa Casal, CRD Britney Norton [Time 2:00 p.m. - 2:09 p.m.]) (ban)

July 20, 2021

July 20, 2021

PACER

Set Deadlines: Motions to be filed by 9/20/2021 (no extensions will be entertained). (ban)

July 20, 2021

July 20, 2021

PACER
14

TEXT NOTICE: The Rule 16 Initial Conference scheduled for 8/9/2021 at 10:00 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date pending a decision on the anticipated dispositive motion. (tab) (Entered: 07/21/2021)

July 21, 2021

July 21, 2021

PACER
15

Substitute Party AND Dismiss for Failure to State a Claim AND Dismiss

1 Memorandum of Law

View on RECAP

2 Declaration of Brian W. Matula

View on PACER

3 Exhibit(s) 1 - NYCLU Settlement Agreement

View on PACER

4 Exhibit(s) 2 - Ch. 93 Laws 2021

View on PACER

5 Exhibit(s) 3 - Governor's Approval Memorandum

View on PACER

6 Exhibit(s) 4 - Governor's Statement (Apr. 1, 2021)

View on PACER

Sept. 21, 2021

Sept. 21, 2021

PACER
16

Letter Motion from Emily G. Hannigan, Esq. for New York State Correctional Officers and Police Benevolent Association, Inc. requesting Extension of time to December 11, 2021 to respond to Defendants' motion to dismiss ON CONSENT submitted to Judge D'Agostino . (Hannigan, Emily) (Entered: 09/22/2021)

Sept. 22, 2021

Sept. 22, 2021

RECAP
17

TEXT ORDER granting in part 16 Letter Request for an extension of time to response to defendant's 15 MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo: It is hereby ORDERED that the plaintiff's request for an extension of time to respond to the defendant's motion to dismiss is GRANTED in Part. The deadlines will be extended for 45 days. Due to the length of this extension, no further adjournment requests will be entertained. Response to Motion due by 11/29/2021; Reply to Response to Motion due by 12/6/2021. Signed by U.S. District Judge Mae A. D'Agostino on 9/23/21. (ban, ) (Entered: 09/23/2021)

Sept. 23, 2021

Sept. 23, 2021

PACER

Reset Deadlines as to 15 MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo: Response to Motion due by 11/29/2021; Reply to Response to Motion due by 12/6/2021. (ban)

Sept. 23, 2021

Sept. 23, 2021

PACER

Order on Letter Request

Sept. 23, 2021

Sept. 23, 2021

PACER
18

MEMORANDUM OF LAW in Opposition to Defendants' Motion to Dismiss Pursuant to FRCP 12(b)(1) and 12(b)(6) filed by John and Jane Does 1-18,000, Thomas Hannah, Chloe Hayes, Erik Mesunas, Kerri Montgomery, New York State Correctional Officers and Police Benevolent Association, Inc., Sarah Tompkins, Alexander Voitsekhovski. (Myers, Gregory) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
19

AFFIDAVIT in Opposition re 15 MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino MOTION to Dismiss for Failure to State a Claim filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino MOTION to Substitute Party filed by Anthony Annucci, Andrew Cuomo. Declaration of Gregory T. Myers, Esq. filed by John and Jane Does 1-18,000, Thomas Hannah, Chloe Hayes, Erik Mesunas, Kerri Montgomery, New York State Correctional Officers and Police Benevolent Association, Inc., Sarah Tompkins, Alexander Voitsekhovski. (Attachments: # 1 Exhibit(s) Memorandum of Anthony J. Annucci dated November 22, 2021)(Myers, Gregory) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER
20

REPLY to Response to Motion re 15 MOTION to Dismiss filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino MOTION to Dismiss for Failure to State a Claim filed by Anthony Annucci, Andrew Cuomo. Motion returnable before Judge Mae A. D'Agostino MOTION to Substitute Party filed by Anthony Annucci, Andrew Cuomo. filed by Anthony Annucci, Kathy Hochul, New York State Department of Corrections and Community Supervision, State of New York. (McCartin, Michael) (Entered: 12/06/2021)

Dec. 6, 2021

Dec. 6, 2021

PACER
21

MEMORANDUM-DECISION and ORDER denying 15 Motion to Dismiss: The Court hereby ORDERS Defendants' motion to dismiss (Dkt. No. 15) is GRANTED; and the Court further ORDERS that the Clerk of the Court shall enter judgment in Defendants' favo r and close this case; and the Court further ORDERS that the Clerk of the Court shall serve a copy of this Memorandum-Decision and Order on the parties in accordance with the Local Rules. Signed by U.S. District Judge Mae A. D'Agostino on 06/16/2022. (ban)

June 16, 2022

June 16, 2022

RECAP
22

JUDGMENT in favor of Kathy Hochul, New York State Department of Corrections and Community Supervision, State of New York, Anthony Annucci against New York State Correctional Officers and Police Benevolent Association, Inc., John and Jane Does 1-18,000, Alexander Voitsekhovski, Chloe Hayes, Erik Mesunas, Kerri Montgomery, Sarah Tompkins, Thomas Hannah. (Attachments: # 1 Appeal Notice) (ban)

June 16, 2022

June 16, 2022

RECAP

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: May 7, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

New York State Correctional Officers and Police Benevolent Association, Inc. (NYSCOPBA)—the collective bargaining representative for Security Services of New York State’s correction officer employees—and individual correction officers, on behalf of themselves and a class of over 18,000 similarly situated individuals

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Governor of the State of New York (Albany), State

Acting Commissioner of the New York State Department of Corrections and Community Supervision (Albany), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Solitary confinement/Supermax (conditions or process)

Assault/abuse by non-staff (facilities)