Case: Marcera v. Chinlund

1:76-cv-00508 | U.S. District Court for the Western District of New York

Filed Date: Nov. 15, 1976

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Case Summary

On November 15, 1976, pretrial detainees in the Monroe County Jail in New York filed a lawsuit under 42 U.S.C. § 1983 against the New York Department of Corrections in the U.S. District Court for the Western District of New York. The plaintiffs, represented by the Public Interest Law Center of Rochester, New York, alleged that their constitutional rights had been violated because they had been denied contact visits while incarcerated at the jails, and they asked the court for declaratory and i…

The Commissioners of Corrections denied that they were violating any rights of the plaintiffs, and indicated that they had promulgated regulations providing for contact visits, but were enjoined from enforcing them. On January 27, 1977, the New York Supreme Court in Albany County ruled that the authority to regulate visitation at the county jails had been delegated to the county sheriffs and that the Commissioners were without authority to promulgate regulations pertaining to visitation. McNulty v. Chinlund, 392 N.Y.S.2d 790 (Jan. 26, 1977).

On June 21, 1977, the U.S. District Court for the Western District of New York (Judge Harold Burke) denied the plaintiffs' requests for class certification and preliminary relief without holding a hearing. The plaintiffs appealed.

On November 10, 1977, the U.S. Court of Appeals for the Second Circuit (Judge Irving Kaufman, Judge John Smith, and Judge William Mulligan) reversed the district judge's decision and remanded the case for a hearing on the issues of class certification and preliminary relief. Marcera v. Chinlund, 565 F.2d 253 (2nd Cir. 1977).

On remand, the district court (Judge Burke) denied the plaintiffs' motion for certification of a defendant class and granted in part and denied in part the plaintiffs' motions for preliminary injunctive relief and certification of a plaintiff class. Both parties appealed.

On February 27, 1979, the U.S. Court of Appeals for the Second Circuit (Judge Kaufman, Judge Smith, and Judge Ellsworth Van Graafeiland) vacated the district court's decision and remanded the case with directions to certify the plaintiff and defendant classes as requested by the plaintiffs and to grant classwide preliminary relief. The court also held that where the record clearly established that the class of defendant county sheriffs had unconstitutionally denied contact visitation to pretrial detainees, but the record also suggested significant differences among jails, each sheriff must submit a plan to implement contact visitation, and the district court must determine whether the suit should continue to be maintained as a class action. Marcera v. Chinlund, 595 F.2d 1231 (2nd Cir. 1979). The defendants appealed.

On June 4, 1979, the U.S. Supreme Court issued a per curiam opinion vacating the appellate court's opinion and remanding the case for further consideration in light of the Court's opinion in Bell v. Wolfish, 441 U.S. 520. Lombard v. Marcera, 442 U.S. 915.

On September 30, 1981, the U.S. District Court for the Western District of New York (Judge John Curtin) held that the plaintiffs were entitled to amend their complaint to add a pendent state constitutional claim and additional requests for relief, that the plaintiff and defendant classes would be certified, and that the plaintiffs were entitled to preliminary and injunctive relief requiring implementation of plans for contact visits. Marcera v. Chinlund, 91 F.R.D. 579 (W.D.N.Y. 1981). We have no information on this case for the ten years following this order.

On July 20, 1992, the district court (Judge Curtin) approved a settlement between the parties decertifying the defendant class and dismissing from the case the defendant sheriffs from the following counties: Allegany, Cattaraugus, Cayuga, Columbia, Cortland, Erie, Essex, Greene, Jefferson, Lewis, Livingston, Madison, Montgomery, Niagara, Oneida, Ontario, Orleans, Oswego, Rennselaer, Rockland, St. Lawrence, Saratoga, Schoharie, Schuyler, Seneca, Steuben, Tioga, Tompkins, Warren, Washington, Wayne, and Monroe. The court also dismissed the New York Department of Corrections. This order left only the sheriffs of the counties of Clinton and Delaware active as defendants in the case.

On January 21, 1994, the district court (Judge Curtin) found that the remaining counties were in compliance with the settlement, and on January 25, 1994, the court closed the case.

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Summary Authors

Kristen Sagar (6/9/2007)

People

Judge(s)

Attorney for Plaintiff

Beier, David W. (New York)

Braveman, Daan (New York)

Attorney for Defendant

Abrams, Robert W. (New York)

Armstrong, Patricia C. (New York)

Burke, Christine E. (New York)

Judge(s)

Curtin, John Thomas (New York)

Kaufman, Irving Robert (New York)

Mulligan, William Hughes (New York)

Smith, John Joseph (Connecticut)

Attorney for Plaintiff

Beier, David W. (New York)

Braveman, Daan (New York)

DeWaal, Ian C. (New York)

Hetherington, Bryan D. (New York)

Kronman, Joan M. (New York)

Attorney for Defendant

Abrams, Robert W. (New York)

Armstrong, Patricia C. (New York)

Burke, Christine E. (New York)

Doyle, John D. (New York)

Hirshowitz, Samuel A. (New York)

Kehoe, Peter R. (New York)

Kennedy, James L. (New York)

Lefkowitz, Louis J. (New York)

Mustico, Louis J. (New York)

Pilato, Joseph C. (New York)

Stevens, William J. (New York)

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Documents in the Clearinghouse

	Document
1:76-cv-00508	Docket [PACER]	Jan. 25, 1994	Jan. 25, 1994 Docket
77-02090	Opinion U.S. Court of Appeals for the Second Circuit	Nov. 10, 1977	Nov. 10, 1977 Order/Opinion 565 F.2d 565
78-02081 78-02090	Reported Opinion U.S. Court of Appeals for the Second Circuit	Feb. 27, 1979	Feb. 27, 1979 Order/Opinion 595 F.2d 595
78-01643	Memorandum Decision Lombard v. Marcera Supreme Court of the United States	June 4, 1979	June 4, 1979 Order/Opinion 442 U.S. 442
1:76-cv-00508	Reported Opinion	Feb. 4, 1982	Feb. 4, 1982 Order/Opinion 91 F.R.D. 91

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Docket

Last updated April 2, 2024, 3:07 a.m.

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ECF Number	Description	Date	Link Date / Link
	Minute entry: telephone conference held w/counsel re: settlement; set further Telephone Conference for 2/13/92 (mj) (Entered: 01/16/1992)	Jan. 14, 1992	Jan. 14, 1992
	Minute entry: Telephone conference held with counsel (mj) (Entered: 02/20/1992)	Feb. 13, 1992	Feb. 13, 1992
	Minute entry: telephone conf. held w/ counsel (former empl) (Entered: 03/11/1992)	Feb. 28, 1992	Feb. 28, 1992
330	ORDER, set Meeting/Settlement Conference for 2:00 7/10/92 to discuss fairness of proposed settlement, etc.; further, notice to members of dft and pltf classes shall be given as specified in paragraph 46 of Stipulation of Settlement; further, objections/comments to be filed by 6/26/92 ( signed by Judge John T. Curtin ) Notice and copy of order sent to (mj) (Entered: 03/30/1992)	March 26, 1992	March 26, 1992
331	Filed acknowledgment of service to pltf class-Essex County (mj) (Entered: 05/11/1992)	May 11, 1992	May 11, 1992
332	Filed acknowledgement of receipt and distribution of notice for Wayne County re: proposed stipulation of settlement (mj) (Entered: 05/19/1992)	May 19, 1992	May 19, 1992
333	Filed acknowledgment of receipt and distribution of notices for Livingston County (mj) (Entered: 05/26/1992)	May 26, 1992	May 26, 1992
334	Filed acknowledgment of receipt and distribution of notices for Cayuga County (mj) (Entered: 05/26/1992)	May 26, 1992	May 26, 1992
335	Filed Acknowledgement of Receipt and Distribution of Notices for Madison County (mj) (Entered: 05/29/1992)	May 28, 1992	May 28, 1992
336	Filed Acknowledgement of Receipt and Distribution of Notices for Allegany County (mj) (Entered: 05/29/1992)	May 29, 1992	May 29, 1992
337	Filed Acknowledgement of Receipt and Distribution of Notices for Ontario County (mj) (Entered: 05/29/1992)	May 29, 1992	May 29, 1992
338	Filed Acknowledgement of receipt and distribution of notices for Rensselaer County (mj) (Entered: 06/01/1992)	June 1, 1992	June 1, 1992
339	Filed Acknowledgement of receipt and distribution of notices for Oneida County (mj) (Entered: 06/01/1992)	June 1, 1992	June 1, 1992
340	Filed Acknowledgement of Receipt and Distribution of notices for Cortland County (mj) (Entered: 06/01/1992)	June 1, 1992	June 1, 1992
341	Filed Acknowledgement of Receipt and distribution of notices for Seneca County (mj) (Entered: 06/01/1992)	June 1, 1992	June 1, 1992
342	Filed Acknowledgement of receipt and distribution of notices for Warren County (mj) (Entered: 06/03/1992)	June 3, 1992	June 3, 1992
343	Filed Acknowledgement of receipt and distribution of notices for Washington County (mj) (Entered: 06/03/1992)	June 3, 1992	June 3, 1992
344	Filed Acknowledgement of receipt and distribution of notices for Erie County (mj) (Entered: 06/03/1992)	June 3, 1992	June 3, 1992
345	Filed Acknowledgement of receipt and distribution of notices for Schoharie County (mj) (Entered: 06/04/1992)	June 4, 1992	June 4, 1992
346	Filed Acknowledgement of receipt and distribution of notices for Tompkins County. (mj) (Entered: 06/08/1992)	June 4, 1992	June 4, 1992
347	Filed Acknowledgement of Receipt and Distribution of notices for Columbia County. (mj) (Entered: 06/08/1992)	June 5, 1992	June 5, 1992
348	Filed Acknowledgement of receipt and distribution of notices for Monroe County (mj) (Entered: 06/12/1992)	June 12, 1992	June 12, 1992
349	Filed Acknowledgement of receipt and distribution of notices for Schuyler County (mj) (Entered: 06/12/1992)	June 12, 1992	June 12, 1992
350	Filed Acknowledgement of receipt and distribution of notices for Tioga County (mj) (Entered: 06/12/1992)	June 12, 1992	June 12, 1992
351	Filed Acknowledgement of Receipt and Distribution of notices for Rockland County Correctional Center. (mj) (Entered: 06/15/1992)	June 15, 1992	June 15, 1992
352	Filed Acknowledgement of receipt and distribution of notice for Cattaraugus County (mj) (Entered: 06/22/1992)	June 22, 1992	June 22, 1992
353	Filed Acknowledgement of reciept and distribution of notice for Greene County (mj) (Entered: 06/22/1992)	June 22, 1992	June 22, 1992
354	Filed Acknowledgement of receipt and distribution of notice for Delaware County. (mj) (Entered: 06/22/1992)	June 22, 1992	June 22, 1992
355	NOTICE of attorney appearance for proposed class dft member Thomas Higgins - atty Patrick NeMoyer (mj) Modified on 06/24/1992 (Entered: 06/24/1992)	June 23, 1992	June 23, 1992
356	Filed acknowledgement of receipt and distribution of notices for Lewis County. (mj) (Entered: 06/29/1992)	June 29, 1992	June 29, 1992
357	Filed acknowledgement of receipt and distribution of notices for Steuben County (mj) (Entered: 06/29/1992)	June 29, 1992	June 29, 1992
358	Filed Acknowledgement of receipt and distribution of notices for Montgomery County (mj) (Entered: 07/01/1992)	June 30, 1992	June 30, 1992
359	Filed Acknowledgement of receipt and distribution of notices in Saratoga County. (mj) (Entered: 07/07/1992)	July 6, 1992	July 6, 1992
360	Filed Acknowledgement of receipt and distribution of notices for Jefferson County. (mj) (Entered: 07/07/1992)	July 6, 1992	July 6, 1992
361	Filed ltr to Judge Curtin from George Pulver dtd 7/6/92 re: Greene County, etc. (mj) (Entered: 07/10/1992)	July 9, 1992	July 9, 1992
362	Filed ltr to Clerk from W.H. Hoffman re: proposed stipulation (mj) (Entered: 07/15/1992)	July 15, 1992	July 15, 1992
	Minute entry: Settlement placed on record; various sheriffs dismissed from action, etc. (mj) (Entered: 07/23/1992)	July 16, 1992	July 16, 1992
364	Filed ltr to John Adams from T. Young dtd 7/l9/84 re: Affidavit. (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
365	Filed ltr to John Adams from R. Williamson dtd 7/23/92 re: original mtn papers. (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
366	Filed ltr to Judge Curtin from R. Duncombe dtd 7/23/84 re: contact visitation questionaire. (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
367	Filed ltr to Judge Curtin from J. Dawson dtd 7/24/84 re: questionnaire (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
368	Filed ltr to Judge Curtin from W. Zielinski dtd 7/25/84 re: questionnaire completed by Livingston County Sheriff (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
369	Filed ltr to Judge Curtin from R. McDermott dtd 7/25/84 re: Madison County completed questionnaire (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
370	Filed ltr to Judge Curtin from J. Tomasi dtd 7/25/92 re: completed questionnaire from Washington County Sheriff. (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
371	Filed ltr to Judge Curtin from S. Easter dtd 7/25/84 re: affidavits and questionnaires (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
372	Filed ltr to Judge Curtin from L. Walbridge dtd 7/25/84 re: affidavit and questionnaire (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
373	Filed ltr to Judge Curtin from P. Patti dtd 7/26/84 re: affidavit and questionnaire (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
374	Filed ltr to Judge Curtin from P. McGill dtd 7/26/84 re: verified affidavit (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
375	Filed ltr to Judge Curtin from J. King dtd 7/27/84 re: questionnaire (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
376	Filed ltr to John Adams from A. Bishop dtd 7/27/84 re: contact visitation questionnaire (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
377	Filed ltr to Judge Curtin from M. Gold dtd 7/26/84 re: contact visitation questionnaire (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
378	Filed ltr to Judge Curtin from J. Park dtd 12/4/84 re: mtn to dismiss, etc. (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
379	Filed ltr to John Adams from R. Sant dtd l/l5/85 re: supplemental affidavit (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
380	Filed ltr to Clerk from D. Wyner dtd 5/1818/92 re: acknowledgement from Wayne County (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
381	Filed ltr to Judge Curtin from J. Mulley dtd 5/22/92 re: mailing labels. (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
382	Filed ltr to Clerk from D. Guiney dtd 5/27/92 re: acknowledgement from Allegany County (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
383	Filed ltr to Clerk from K. Windstein dtd 5/28/92 re: acknowledgement of Ontario County (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
384	Filed ltr to Clerk from R. Mulvey dtd 6/3/92 re: acknowledgement of Tompkins County (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
385	Filed ltr to Clerk from C. Miller dtd 6/9/92 re: acknowledgment (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
386	Filed ltr to Clerk from J. Coleman dtd 6/l0/92 re: acknowledgement of Schuyler County (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
387	Filed ltr to Clerk from T. Emnett dtd 6/l0/92 re: acknowledgement for Tioga County (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
388	Filed ltr to Clerk from A. Minsker dtd 6/l9/92 re: acknowledgemtn from Cattaraugus County (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
389	Filed ltr to Clerk from R. Trombly dtd 6/l9/92 re: notice and proposed settlement, etc. (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
390	Filed ltr to Judge Curtin from J. Tuppen dtd 7/l5/92 re: Thomas Higgins, etc. (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
391	AFFIDAVIT Bryan Hetherington in support of motion to approve settlement (mj) (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
392	ORDER directing that settlement is approved; dft class is decertified ; this action is dismissed as to the following county sheriffs-Allegany, Cattaraugus, Cayuga, Columbia, Cortland, Erie, Essex, Greene, Jefferson, Lewis, Livingston, Madison, Montgomery, Niagara, Oneida, Ontario, Orleans, Oswego, Rennselaer, Rockland, St. Lawrence, Saratoga, Schoharie, Schuyler, Seneca, Steuben, Tioga, Tompkins, Warren, Washington, Wayne and action is dismissed against Sheriff Meloni of Monroe County, State Commission of Corrections, dfts Chinlund, Wasser and Wadsworth; action is converted and new title is against Sheriffs of the Counties of Clinton and Delaware, etc. ( signed by Judge John T. Curtin ) Notice and copy of order sent to all attys (mj) Modified on 07/28/1992 (Entered: 07/21/1992)	July 20, 1992	July 20, 1992
393	JUDGMENT filed on decision by court. (clerk). (mj) (Entered: 07/21/1992)	July 21, 1992	July 21, 1992
394	ORDER, directing clerk to enter partial jgm as proposed by B. Hetherington; clerk to send cpy of jgm and order of 7/l6/92 to 34 County Attorneys representing sheriffs. ( signed by Judge John T. Curtin ) Notice and copy of order sent to Patrick H. NeMoyer, Bryan D. Hetherington (mj) (Entered: 07/31/1992)	July 30, 1992	July 30, 1992
395	PARTIAL JUDGMENT entered on decision by court. (clerk). Notice and copy of judgment sent to Patrick H. NeMoyer, Bryan D. Hetherington (mj) (Entered: 07/31/1992)	July 31, 1992	July 31, 1992
396	ORDER, to Extend Time for dfts to comply w/paragraph 9 of Consent order to 9/30/92 ( signed by Judge John T. Curtin ) Notice and copy of order sent to Patrick H. NeMoyer, Bryan D. Hetherington (mj) (Entered: 09/15/1992)	Sept. 14, 1992	Sept. 14, 1992
397	AFFIDAVIT of Richard Spinney re: visitation, etc. in Delaware County (mj) (Entered: 09/21/1992)	Sept. 18, 1992	Sept. 18, 1992
398	AFFIDAVIT of Russell Trombly re: inspection report (mj) (Entered: 09/21/1992)	Sept. 21, 1992	Sept. 21, 1992
399	AFFIDAVIT of Richard Spinney re: contact visitation, etc. (mj) (Entered: 09/28/1992)	Sept. 28, 1992	Sept. 28, 1992
	Tele-conference set at 9:00 12/29/93 pursuant to notice from courtroom deputy (mj) (Entered: 12/17/1993)	Dec. 17, 1993	Dec. 17, 1993
	Tele-conference adjourned to 8:45 1/21/94 pursuant to notice from courtroom deputy (mj) (Entered: 12/28/1993)	Dec. 28, 1993	Dec. 28, 1993
	Tele-conference held; the counties are in complaince; court to state same in order, etc. (mj) (Entered: 01/25/1994)	Jan. 21, 1994	Jan. 21, 1994
400	ORDER directing that as settlement issues have been reached, this case is Dismissed ( signed by Senior USDJ John T. Curtin ) Notice and copy of order sent to (mj) (Entered: 01/26/1994)	Jan. 25, 1994	Jan. 25, 1994
	Case closed (mj) (Entered: 01/26/1994)	Jan. 25, 1994	Jan. 25, 1994