Case: Fisher v. Koehler

1:83-cv-02128 | U.S. District Court for the Southern District of New York

Filed Date: March 18, 1983

Clearinghouse coding complete

Case Summary

On March 18, 1983, incarcerated persons filed a class action lawsuit in the United States District Court for the Southern District of New York under 42 U.S.C. § 1983 against the Department of Corrections for the City of New York. The plaintiffs challenged violent and overcrowded conditions at the New York City Correctional Institution for Men. The plaintiffs were represented by the Legal Aid Society of New York City's Prisoners' Rights Project. On July 13, 1988, following a lengthy trial, the d…

On March 18, 1983, incarcerated persons filed a class action lawsuit in the United States District Court for the Southern District of New York under 42 U.S.C. § 1983 against the Department of Corrections for the City of New York. The plaintiffs challenged violent and overcrowded conditions at the New York City Correctional Institution for Men. The plaintiffs were represented by the Legal Aid Society of New York City's Prisoners' Rights Project.

On July 13, 1988, following a lengthy trial, the district court (Judge Morris E. Lasker) found that violence at the facility by incarcerated persons and staff violated the Eighth Amendment. Fisher v. Koehler, 692 F.Supp. 1519 (S.D.N.Y. 1988). The court found that inadequate conditions in the facility, such as overcrowding, inadequate staff, problems with classification, and inadequate systems for reporting abuse, contributed to an environment where people suffered ongoing physical abuse. The court gave the defendants an opportunity to submit a plan to address the violations. Both parties submitted proposals and the court approved a decree on July 14, 1989. Fisher v. Koehler, 718 F.Supp. 1111 (S.D.N.Y. 1989). The decree included a new system of classification whereby violent or vulnerable persons were housed separately, addressed overcrowding, and created a new policy regarding the use of force by staff. The decree also increased supervision and provided for monitoring. Defendants sought approval for a new policy related to reporting uses of force. Judge Lasker approved the policy on November 8, 1989. Fisher v. Koehler, No. 83-2128, 1989 WL 135912 (S.D.N.Y. Nov. 8, 1989).

On appeal, the United States Court of Appeals for the Second Circuit (per curium) upheld the district court's finding that the conditions in the facility were unconstitutional and held that the district court's remedy was reasonable. Fisher v. Koehler, 902 F.2d 2 (2d Cir. 1990).

On April 12, 1991, the court revisited its previous decision to suspend the dormitory aspect of the previously ordered overcrowding relief. Finding that the defendants had not reduced violence to a constitutionally acceptable level, the court concluded that implementing that aspect of relief was necessary. As a result, the defendants submitted a plan, with which the plaintiffs agreed, that would ensure that all incarcerated persons (but not pre-trial detainees) would have at least 60 square feet of floor space.

 

Summary Authors

Angela Heverling (4/5/2006)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6364392/parties/fisher-v-ward/


Judge(s)

Feinberg, Wilfred (New York)

Kaufman, Irving Robert (New York)

Attorney for Plaintiff

Boston, John (New York)

Attorney for Defendant

Brutten, Caren S. (New York)

Hsu, Hway-Ling (New York)

show all people

Documents in the Clearinghouse

Document

1:83-cv-02128

Docket (PACER)

Fisher v. Ward

March 18, 1983

March 18, 1983

Docket

1:83-cv-02128

Opinion

July 13, 1988

July 13, 1988

Order/Opinion

692 F.Supp. 692

1:83-cv-02128

Reported Opinion

July 14, 1989

July 14, 1989

Order/Opinion

718 F.Supp. 718

1:83-cv-02128

Opinion

Nov. 8, 1989

Nov. 8, 1989

Order/Opinion

1989 WL 1989

89-07860

Opinion

U.S. Court of Appeals for the Second Circuit

April 16, 1990

April 16, 1990

Order/Opinion

902 F.2d 902

1:83-cv-02128

Supplemental Order Regarding CIFM Population

Fisher v. Sielaff

April 12, 1991

April 12, 1991

Order/Opinion

1:83-cv-02128

Plaintiffs' Proposed Remedial Order (Annotated)

None

None

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6364392/fisher-v-ward/

Last updated Jan. 25, 2024, 3:02 a.m.

ECF Number Description Date Link Date / Link
1

ENDORSEMENT on Declaration in Support of Request to Proceed In Forma Pauperis, I.F.P. REQUEST IS GRANTED. (Signed by Judge Charles L. Brieant on 3/18/83) (jeh, ) Modified on 5/8/2006 (jeh, ). (Entered: 05/08/2006)

March 18, 1983

March 18, 1983

PACER
2

COMPLAINT against Benjamin Ward, Gloria Lee, Arthur Cinotti, Julian Hooper, William O'Donnell, Earl Murphy, Barbara Radin, David Sencer, Allen Goldberg, Mel Kaye, Yale Pava, Edward Koch. Document filed by Charles Fisher, Edward Holohan, John Harris, Ledgure Davis, Lionel Lawson, Victor Ellis, John Thompson, Milton Gadson.(jeh, ) (Entered: 05/08/2006)

March 18, 1983

March 18, 1983

PACER

SUMMONS ISSUED as to Benjamin Ward, Gloria Lee, Arthur Cinotti, Julian Hooper, William O'Donnell, Earl Murphy, Barbara Radin, David Sencer, Allen Goldberg, Mel Kaye, Yale Pava, Edward Koch. (jeh, )

March 18, 1983

March 18, 1983

PACER

CASE REFERRED TO Judge Morris E. Lasker as possibly Related to 75cv3073. (jeh, )

March 18, 1983

March 18, 1983

PACER

CASE ACCEPTED AS RELATED TO 75cv3073. Notice of Assignment to follow. (jeh, )

April 4, 1983

April 4, 1983

PACER
3

NOTICE OF CASE ASSIGNMENT to Judge Morris E. Lasker. (jeh, ) (Entered: 05/08/2006)

April 4, 1983

April 4, 1983

PACER
13

STIPULATION AND ORDER Granting class certification. (Signed by Judge Morris E. Lasker on 06/16/83) (jeh, ) (Entered: 05/09/2006)

June 16, 1983

June 16, 1983

PACER
28

AMENDED ANSWER to 2 Complaint,. Document filed by Benjamin Ward, Gloria Lee, Arthur Cinotti, Julian Hooper, William O'Donnell, Earl Murphy, Barbara Radin, David Sencer, Allen Goldberg, Mel Kaye, Yale Pava, Edward Koch. (jeh, ) Modified on 5/9/2006 (jeh, ). (Entered: 05/09/2006)

July 19, 1984

July 19, 1984

PACER
41

ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for the completion of all Discovery matter. Referred to Magistrate Judge Leonard Bernikow. (Signed by Judge Morris E. Lasker on 12/13/85) (jeh, ) Modified on 5/9/2006 (jeh, ). (Entered: 05/09/2006)

Dec. 13, 1985

Dec. 13, 1985

PACER
55

REPORT AND RECOMMENDATIONS; (Pltiff's Mag's FINDINGS AND RECOMMENDATION) having reviewed the document in camera & having heard arguments of counsel defts' objection of relevancy is OVERRULED etc. as indicated. So ordered Mag. Bernikow. (Signed by Judge Leonard Bernikow on 10/27/86) (jeh, ) Modified on 5/9/2006 (jeh, ). (Entered: 05/09/2006)

Oct. 27, 1986

Oct. 27, 1986

PACER
142

(Duplicate Original) MINUTE ORDER PURSUANT TO MEMORANDUM FROM THE ADMINISTRATIVE OFFICE OF THE U.S. COURTS, DATED JUNE 15TH, 1973....Case Closed administratively pursuant to Memorandum from the Administrative Office of the United States Courts dated June 15th, 1973 (Original filed in 81cv7729 KTD). (Signed by Judge Charles L. Brieant on 03/28/90) (jeh, ) Modified on 5/9/2006 (jeh, ). (Entered: 05/09/2006)

March 28, 1990

March 28, 1990

PACER
172

ENDORSED LETTER addressed to Judge Harold Baer from John Boston and Jonathan S. Chasan dated 2/21/2006 re: Request that the Court approve a modification of the Fisher Order that will apply the newly revised directive to CIFM/EMTC. I agree to the provision noted above and that under the circumstances no proceeding under Rule 23(e) is necessary. (Signed by Judge Harold Baer on 4/20/2006) (jeh, ) Modified on 5/9/2006 (jeh, ). (Entered: 05/09/2006)

April 20, 2006

April 20, 2006

PACER
173

STIPULATION. IT IS ORDERED that 1. Upon the entry of a judgment in the above: cited Nunez litigation that incorporates the EMTC Fisher class into the Nunez class for purposes of their use of force claims, and makes the terms of the Nunez judgment regarding, excessive force applicable to the EMTC Fisher class, the following provisions of the Fisher remedial order, found at 718 F.Supp. 1123-28, shall cease to have any force and effect, as further specified in items IV through X herein. 2. All other remedial provisions in the Fisher litigation are unaffected by this Stipulation and shall remain in effect pending further order of the Court. (Signed by Judge Loretta A. Preska on 8/14/2015) (rjm) (Entered: 08/18/2015)

Aug. 18, 2015

Aug. 18, 2015

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: March 18, 1983

Case Ongoing: Perhaps, but long-dormant

Plaintiffs

Plaintiff Description:

Incarcerated persons of the State of New York

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Correctional Institutions for Men (East Elmhurst), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Cruel and Unusual Punishment

Available Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1989 - None

Content of Injunction:

Goals (e.g., for hiring, admissions)

Issues

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Assault/abuse by staff (facilities)

Assault/abuse by non-staff (facilities)

Type of Facility:

Government-run