Case: Bryant v. Coughlin

1:94-cv-02940 | U.S. District Court for the Southern District of New York

Filed Date: April 22, 1994

Clearinghouse coding complete

Case Summary

Julius Bryant filed a pro-se lawsuit in the U.S. District Court for the Southern District of New York against the New York Department of Corrections on April 22, 1994, seeking damages for deliberate indifference to his medical needs for his disabling back condition while he was an inmate at Green Haven Correctional Facility ("Green Haven"). Following a jury trial, the action was settled on February 20, 1998, by an agreement which called for plaintiff's admission to the Unit for the Physically …

Julius Bryant filed a pro-se lawsuit in the U.S. District Court for the Southern District of New York against the New York Department of Corrections on April 22, 1994, seeking damages for deliberate indifference to his medical needs for his disabling back condition while he was an inmate at Green Haven Correctional Facility ("Green Haven"). Following a jury trial, the action was settled on February 20, 1998, by an agreement which called for plaintiff's admission to the Unit for the Physically Disabled ("UPD") at Green Haven and his entitlement to the "benefits of treatment at the UPD in accordance with the rules and regulations of the prison and the statement of the Department of Corrections." The agreement contained a clause recognizing the parties' right to bring to the court's attention any violation of the agreement, and the court's power to issue any order necessary to ensure the agreement is followed.

The plaintiff later filed a motion for contempt against the Department of Corrections, alleging violation of the settlement agreement; Defendants moved to terminate the agreement, alleging it was a violation of the Prisoner Litigation Reform Act.

On April 21, 1999, the U.S. District Court for the Southern District of New York (Judge Thomas P. Griesa) denied plaintiff's motion on grounds that contempt is an inappropriate remedy when the settlement agreement is not a court order or decree. Bryant v. Coughlin, No. 94-2940, 1999 WL 232705 (S.D.N.Y. Apr. 21, 1999).

Judge Griesa also denied defendants' motion to terminate the agreement. Defendants had asserted that the agreement was properly construed as a consent decree, and as such, that it violated the terms of the PLRA, which prohibits the court from issuing prospective relief. Judge Greisa found that the agreement was a private settlement agreement but that it was still inconsistent with the PLRA. However, Judge Griesa refused to terminate the agreement, which had been in effect for more than a year. Rather, he held that the proper remedy was to amend the offending clause of the agreement.

Plaintiff later claimed that defendants violated the agreement when they moved him from the UPD to Shawangunk Correctional Facility. On October 29, 1999, Judge Griesa rejected plaintiff's motion, finding that nothing in the agreement prevented prison authorities from moving plaintiff to protect his safety. Bryant v. Coughlin, No. 94-2940, 1999 WL 983865 (S.D.N.Y. Oct. 29, 1999). This ruling was affirmed in an unpublished opinion by the Second Circuit Court of Appeals on March 9, 2001. Bryant v. Coughlin, 5 Fed. Appx. 45, No. 00-0020, 2001 WL 246042 (2d. Cir. Mar. 9, 2001).

Summary Authors

Megan Raynor (1/23/2006)

People


Judge(s)

Griesa, Thomas Poole (New York)

Leval, Pierre Nelson (New York)

Newman, Jon Ormond (New York)

Peck, Andrew Jay (New York)

Sack, Robert David (New York)

Attorney for Defendant
Judge(s)

Griesa, Thomas Poole (New York)

Leval, Pierre Nelson (New York)

Newman, Jon Ormond (New York)

Peck, Andrew Jay (New York)

Sack, Robert David (New York)

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Documents in the Clearinghouse

Document

1:94-cv-02940

Docket (PACER)

June 8, 2001

June 8, 2001

Docket
35

1:94-cv-02940

Opinion

April 21, 1999

April 21, 1999

Order/Opinion

1999 WL 1999

37

1:94-cv-02940

1:96-03274

Opinion

Oct. 29, 1999

Oct. 29, 1999

Order/Opinion

1999 WL 1999

00-00020

00-00054

Summary Order

U.S. Court of Appeals for the Second Circuit

March 9, 2001

March 9, 2001

Order/Opinion

5 Fed.Appx. 5

Docket

Last updated Jan. 23, 2024, 3:09 a.m.

ECF Number Description Date Link Date / Link
1

Order endorsed on declaration and support of request to proceed in forma pauperis, granted ; ( signed by Chief Judge Thomas P. Griesa ) (sc) (Entered: 04/26/1994)

April 22, 1994

April 22, 1994

2

COMPLAINT filed; Summons issued and Notice pursuant to 28 U.S.C. 636(c); Jury Trial Demanded. (sc) (Entered: 04/26/1994)

April 22, 1994

April 22, 1994

3

APPLICATION by Julius Bryant for appointment of counsel (sc) (Entered: 04/26/1994)

April 22, 1994

April 22, 1994

It is suggested that the case be classified as unknown. Magistrate Judge Dolinger is so Designated. (sc) (Entered: 04/26/1994)

April 22, 1994

April 22, 1994

4

MARSHAL'S RECEIPT WITH RETURN OF SERVICE OF SUMMONS AND COMPLAINT executed as to Robert Griefinger by mail on 5/25/94. (kg) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

4

MARSHAL'S RECEIPT WITH RETURN OF SERVICE OF SUMMONS AND COMPLAINT executed as to John C. Sheridan by mail on 5/31/94. (kg) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

4

MARSHAL'S RECEIPT WITH RETURN OF SERVICE OF SUMMONS AND COMPLAINT executed as to Larry Zwillinger by Sandra Renihan on 6/28/94. (kg) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

4

MARSHAL'S RECEIPT WITH RETURN OF SERVICE OF SUMMONS AND COMPLAINT executed as to Dr. Manion by mail on 5/31/94. (kg) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

4

MARSHAL'S RECEIPT WITH RETURN OF SERVICE OF SUMMONS AND COMPLAINT executed as to Dr. Mamis by mail on 5/31/94. (kg) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

4

MARSHAL'S RECEIPT WITH RETURN OF SERVICE OF SUMMONS AND COMPLAINT executed as to Dr. D. Jeanty by mail on 5/26/94. (kg) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

4

MARSHAL'S RECEIPT WITH RETURN OF SERVICE OF SUMMONS AND COMPLAINT executed as to Dr. Chandler by mail on 5/26/94. (kg) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

4

MARSHAL'S RECEIPT WITH RETURN OF SERVICE OF SUMMONS AND COMPLAINT executed as to "Katie" by mail on 6/28/94. (kg) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

4

MARSHAL'S RECEIPT WITH RETURN OF SERVICE OF SUMMONS AND COMPLAINT executed as to Officer Connors by mail on 6/1/94. (kg) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

5

ORDER, that the court declines to sign the order to show cause. Even the complete record now before the court indicates that pltff has been given medical treatment in the state prison system inlcuding one M.R.I A federal court can only intervene in state prison medical matters where there is such a deficiency in treatment as to constitute cruel and unusal punishment in violation of the Eighth Amendment. Pltff will need to make such a showing in order to obtain any relief in this case. Pltff has not shown any basis for entering a temporary restraining order. As to the further course of the litigation, the court intends to have in August in accordance with the court's standard procedures. This means that the court will confer with defense counsel and with an attorney or other representative of the prisioner pltff. Since pltff does not have an attorney, and his wife has been in communication with the court, his wife will be invited to attend the conference. ( signed by Chief Judge Thomas P. Griesa ); Copies mailed (kg) (Entered: 07/11/1994)

July 8, 1994

July 8, 1994

6

AMENDED COMPLAINT by Julius Bryant , (Answer due 8/1/94 for Officer Connors, for "Katie", for Dr. Chandler, for D. Jeanty, for Dr. Mamis, for Dr. Manion, for Larry Zwillinger, for John C. Sheridan, for Robert Griefinger, for Thomas A. Coughlin III ) amending [2-1] complaint ; Summons issued. Request for a Trial by Jury. (djc) (Entered: 07/22/1994)

July 19, 1994

July 19, 1994

7

Order classifying case. Purs. to the Civil Justice Expense and Delay Reduction Plan, this case has been determined to be Standard . ( signed by Chief Judge Thomas P. Griesa ) (kg) (Entered: 08/16/1994)

Aug. 15, 1994

Aug. 15, 1994

8

Marshals return of service by mail.. and Affidavit of service as to "Katie" by Katie Colangelo on 8/5/94 Answer due on 8/25/94 for "Katie" (gb) Modified on 08/22/1994 (Entered: 08/22/1994)

Aug. 19, 1994

Aug. 19, 1994

9

Order referring action to the Clerk to assign the above-entitled action to mediation. ( signed by Chief Judge Thomas P. Griesa ) (jr) (Entered: 04/05/1995)

April 4, 1995

April 4, 1995

10

Report of the Clerk of Court regarding court-ordered mediation: This case was randomly selected not to be sent to mediation and the court should proceed accordingly. (Signed by George O'Malley, Counsel for the Clerk of Court) (lam) (Entered: 04/11/1995)

April 10, 1995

April 10, 1995

11

SCHEDULING ORDER setting Discovery cutoff 1/31/97 ; Deadline for filing of all summary judgment motions 2/28/97; joinder motions by 11/1/96 ; Pretrial order to be submitted on or before 2/28/97; see documentfor other information and relating to 96cv3274 ( signed by Magistrate Judge Andrew J. Peck ) ; Copies mailed (cd) (Entered: 10/09/1996)

Oct. 9, 1996

Oct. 9, 1996

ORDER denying [3-1] motion for appointment of counsel ( signed by Magistrate Judge Andrew J. Peck ); Copies mailed. For original entry see 93 CV 8816, doc. #19. (emil) (Entered: 10/28/1996)

Oct. 25, 1996

Oct. 25, 1996

12

ORDER, ordered, that deft may depose pltff at a NYS Correctional Facility upon notice to the pltff. ( signed by Chief Judge Thomas P. Griesa ); Copies mailed (kg) (Entered: 01/31/1997)

Jan. 30, 1997

Jan. 30, 1997

13

Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial ( signed by Chief Judge Thomas P. Griesa ) Referred to Magistrate Judge Andrew J. Peck (kw) (Entered: 02/18/1997)

Feb. 14, 1997

Feb. 14, 1997

NOTICE OF CASE ASSIGNMENT to Magistrate Judge Andrew J. Peck endorsed on order of reference to Magistrate Judge. Referred for General Pretrial Copies mailed. (kw) (Entered: 02/18/1997)

Feb. 14, 1997

Feb. 14, 1997

14

Filed Memo-Endorsement on letter to USMJ, Peck from Julius Bryant, In Re: Mr. Weinstein is to advise the Court of his position on this matter by letter 4/18/97 ....So Ordered....( signed by Magistrate Judge Andrew J. Peck ) (pl) Modified on 04/18/1997 (Entered: 04/17/1997)

April 17, 1997

April 17, 1997

15

Filed Memo-Endorsement on letter, dated 4/18/97, Mr. Bryant's letter seeking to compel production of documents is denied for the reasons stated in this letter from Jay T. Weinstein - i.e. defts representation that the documents do not exist ( signed by Magistrate Judge Andrew J. Peck ) (emil) (Entered: 05/02/1997)

May 1, 1997

May 1, 1997

Transcript of record of proceedings filed before Judge Peck for the date of 3/13/97. (Original docketed in 93 civ. 8816) (kw) (Entered: 05/13/1997)

May 13, 1997

May 13, 1997

16

APPLICATION by Julius Bryant for appointment of counsel (djc) (Entered: 06/27/1997)

June 26, 1997

June 26, 1997

17

Letter filed to USMJ Peck from Julius Bryant dated 6/27/97 re pltffs. request for suggestions w/ regard to missing x-rays (ls) (Entered: 07/02/1997)

July 2, 1997

July 2, 1997

ORDER denying [16-1] motion for appointment of counsel ( signed by Magistrate Judge Andrew J. Peck); Copies mailed (orig. docketed in 93 Civ.8816 doc.#25) (kg) (Entered: 07/02/1997)

July 2, 1997

July 2, 1997

18

MEDICAL AFFIDAVIT of Harvey R. Grable by Julius Bryant Re: pltff's claim of failure to provide timely medical care (ls) (Entered: 08/06/1997)

Aug. 1, 1997

Aug. 1, 1997

19

ORDER, defendant shall notice Dr. Grable's deposition (an additional subpoena is not needed) for a convenient date before 9/12/97. If Dr. Grabel does not appear for deposition, he will be precluded from testifying at trial (and his affidavit will not be admissible on the summary judgment motion) ; the Court will adjust the dates for briefing of the summary judgment motion at the 8/14/97 conference. Mr. Bryant is to be prepared to inform the Court at the previously scheduled 8/14/97 conference if: (a) he can pay Dr. Grable's fees for the deposition or (b) whether Dr. Grable will waive his fee or otherwise accommodate plaintiff, and (c) that Dr. Grable has agreed to testify at trial, with any fee for the trial testimony being paid by plaintiff. If these conditions are not met, there will not be any need for defendant to depose Dr. Grable ; defense counsel (Gary Weinstein) is to serve this Order on Dr. Grable by fax, Federal Express, Express Mail or hand delivery. Dr. Grable is to inform the Court in writing of his position on fee issues before the 8/14/97 conference, or attend (in person or by counsel) the conference. Gary Weinstein also is to serve this Order on plaintiff and plaintiff's wife by Express Mail or similar delivery service, and serve defendant's co- counsel ( signed by Magistrate Judge Andrew J. Peck ); Copies mailed. (ae) Modified on 08/12/1997 (Entered: 08/12/1997)

Aug. 11, 1997

Aug. 11, 1997

20

MEDICAL AFFIDAVIT of Harvey R. Grable by Julius Bryant. (kw) (Entered: 09/26/1997)

Sept. 23, 1997

Sept. 23, 1997

Pre-trial conference held before Magistrate Judge Peck. (rag) (Entered: 10/14/1997)

Oct. 8, 1997

Oct. 8, 1997

22

NOTICE of attorney appearance for Julius Bryant by Carol Weinstein (cd) (Entered: 10/23/1997)

Oct. 21, 1997

Oct. 21, 1997

23

Filed Memo-Endorsement on letter to USMJ Peck from Jay T. Weinstein dated 10/23/97, pltff is permitted to depose Mr. Zwillinger about medical policies and procedures since deft did not comply with my order as to producing documents on this issue ; deft is to produce the doc's. that it agreed could be produced in a week ; taking deposition of Mr. Zwillinger by 11/5/97 (in NYC) (signed by Magistrate Judge Andrew J. Peck). (ls) Modified on 10/27/1997 (Entered: 10/24/1997)

Oct. 23, 1997

Oct. 23, 1997

Pre-trial conference held before Magistrate Judge Peck. (rag) (Entered: 11/10/1997)

Nov. 5, 1997

Nov. 5, 1997

24

ORDER, Chief Judge Griesa does not require a pretrial order, so the deadlines for submission set forth in the Court's ruling from the bench earlier today are mooted. Chief Judge Griesa has scheduled trial to commence on 12/8/97 in courtroom 26B. The parties are to make the necessary arrangements for Mr Bryant's presence in Court during the trial ( signed by Magistrate Judge Andrew J. Peck ); Copies mailed (cd) (Entered: 11/10/1997)

Nov. 7, 1997

Nov. 7, 1997

25

STIPULATION and ORDER, extending time for defts to produce documents consistent with the Court's 11/6/97 order to 11/20/97 ; the parties' attorneys will exchange witness lists two-weeks prior to trial ( signed by Magistrate Judge Andrew J. Peck ). (cd) (Entered: 11/17/1997)

Nov. 13, 1997

Nov. 13, 1997

26

STIPULATION and ORDER, extending time of the due date for defts to produce documents consistent with the Court's 11/6/97 order be extended to 11/25/97 (signed by Magistrate Judge Andrew J. Peck). (kg) (Entered: 11/25/1997)

Nov. 25, 1997

Nov. 25, 1997

27

Filed Memo-Endorsement on letter to Judge Griesa from Jay T. Weinstein dated 11/13/97, Trial to commence on February 9, 1998 at 10:00 a.m. (signed by Chief Judge Thomas P. Griesa) (djc) (Entered: 11/26/1997)

Nov. 25, 1997

Nov. 25, 1997

DECLARATION of Carol Weinstein by Julius Bryant in opposition to motion for summary judgment and in support of the cross-motion to supplement complaint in the Artuz case and affidavit of Julius Bryant in opposition to motion for summary judgment and in support of cross- motion for consolidation. Proposed cross-motion to conform the pleading to the elicted proof and to supplement the complaint in the Bryant case and to consolidate. (Original entry is docketed in 96 civ. 3274 as doc. #25) (kw) (Entered: 12/29/1997)

Dec. 23, 1997

Dec. 23, 1997

Rule 56.1 statement filed by Julius Bryant. (Original entry is docketed in 96 civ. 3274 as doc. #26) (kw) (Entered: 12/29/1997)

Dec. 23, 1997

Dec. 23, 1997

Original Transcript filed under Case # 94 cv 2940(TPG). Docket # 33. (jp) (Entered: 01/07/1998)

Dec. 31, 1997

Dec. 31, 1997

28

ANSWER to Complaint by Thomas A. Coughlin III, Robert Griefinger, John C. Sheridan, Larry Zwillinger, Dr. Manion, Dr. Mamis, D. Jeanty, Dr. Chandler, "Katie", Officer (Attorney Jay T. Weinstein). Recieved in night deposit on 2/7/98 @ 12:00 a.m. (jp) (Entered: 02/11/1998)

Feb. 7, 1998

Feb. 7, 1998

Before Judge Griesa; Jury trial held (cd) (Entered: 02/23/1998)

Feb. 9, 1998

Feb. 9, 1998

Jury trial held (cd) (Entered: 02/23/1998)

Feb. 10, 1998

Feb. 10, 1998

Jury trial held (cd) (Entered: 02/23/1998)

Feb. 11, 1998

Feb. 11, 1998

Jury trial held (cd) (Entered: 02/23/1998)

Feb. 17, 1998

Feb. 17, 1998

Jury trial held (cd) (Entered: 02/23/1998)

Feb. 18, 1998

Feb. 18, 1998

Jury trial held (cd) (Entered: 02/23/1998)

Feb. 19, 1998

Feb. 19, 1998

Before Judge Griesa; Jury trial held and settled (also as to 96cv3274) (cd) (Entered: 02/23/1998)

Feb. 20, 1998

Feb. 20, 1998

29

ORDER on copy of Transcript of Proceedings, dated 2/20/98; that this action is settled purs. to the terms set forth in this transcript ( signed by Chief Judge Thomas P. Griesa ); Copies mailed (cd) Modified on 02/26/1998 (Entered: 02/25/1998)

Feb. 24, 1998

Feb. 24, 1998

Case closed (cd) (Entered: 02/25/1998)

Feb. 24, 1998

Feb. 24, 1998

30

Transcript of record of proceedings before Judge Griesa filed for dates of 2/9,10,11,17,18,19,20/98 (jp) (Entered: 04/17/1998)

April 14, 1998

April 14, 1998

Pre-trial conference held before Judge Griesa (jp) (Entered: 09/30/1998)

Sept. 25, 1998

Sept. 25, 1998

31

Filed Memo-Endorsement on letter to Judge Griesa from Rosemary DiBeneddetto dated 3/1/99; granting counsel for defts request for an extension of time until 3/22/99 to respond to pltff's motion for contempt of the settlement agreement ; ( signed by Chief Judge Thomas P. Griesa ) (ls) (Entered: 03/11/1999)

March 10, 1999

March 10, 1999

32

NOTICE OF MOTION by Thomas A. Coughlin III, Robert Griefinger, John C. Sheridan, Larry Zwillinger, Dr. Manion, Dr. Mamis, D. Jeanty, Dr. Chandler, "Katie", Officer Connors for an order, purs. to 18 U.S.C. 3626, granting defts' motion to terminate the relief ordered inthe 2/20/98 settlement agreement ; Return date 4/16/99. Affirmation of Rosemary DiBenedetto in opposition/support attached. (rec'd in the nigth deposit box on 3/22/99 at 6:54 p.m.) (sac) (Entered: 03/25/1999)

March 22, 1999

March 22, 1999

33

MEMORANDUM by Thomas A. Coughlin III, Robert Griefinger, John C. Sheridan, Larry Zwillinger, Dr. Manion, Dr. Mamis, D. Jeanty, Dr. Chandler, "Katie", Officer Connors re: in support of [32-1] motion for an order, purs. to 18 U.S.C. 3626, granting defts' motion to terminate the relief ordered inthe 2/20/98 settlement agreement; and in opposition to pltff's motion for contempt. (rec'd in the night deposit box on 3/22/99 at 6:54 p.m.) (sac) (Entered: 03/25/1999)

March 22, 1999

March 22, 1999

34

DECLARATION of John C. Bendheim in opposition by Thomas A. Coughlin III, Robert Griefinger, John C. Sheridan, Larry Zwillinger, Dr. Manion, Dr. Mamis, D. Jeanty, Dr. Chandler, "Katie", Officer Connors. Re: pltff's Motion for Contempt. (emil) (Entered: 03/29/1999)

March 24, 1999

March 24, 1999

35

OPINION #82234; Plaintiff Julius Bryant moves to hold defendants in contempt for alleged violation of a settlement agreement entered on 2/20/98 and of the so-called "Milburn Consent Decree."; plaintiff's motion to hold defendants in contempt is denied. Moreover, plaintiff is hereby directed to desist from making applications which do not have to do with the agreement but go beyond what is covered therein ; denying [32-1] motion for an order, purs. to 18 U.S.C. 3626, granting defts' motion to terminate the relief ordered in the 2/20/98 settlement agreement without prejudice to the making of a motion to amend the enforcement provision of the agreement. ( Signed by Chief Judge Thomas P. Griesa ); Copies mailed. (pl) (Entered: 04/22/1999)

April 21, 1999

April 21, 1999

36

Memo-Endorsement on letter addressed to Judge Griesa from Julius Bryant, dated 10/18/99, pro se plaintiff requests an additional five days to submit his affidavit. Approved (signed by Chief Judge Thomas P. Griesa ); Copies mailed. (djc) (Entered: 10/28/1999)

Oct. 27, 1999

Oct. 27, 1999

37

OPINION # 83041; pltff Julius Bryant claims that defts have violated the settlement agreement by removing him from the UPD and transferring him to the Shawangunk Correctional Facility; the settlement agreement did not bar the prison authorities from normal steps to protect the safety of Bryant; nor did the settlement agreement require that Bryant be kept permanently at Green Haven; the court rules that defts have not violated the settlement agreement ; ( Signed by Chief Judge Thomas P. Griesa ); copies mailed. (ls) (Entered: 11/01/1999)

Oct. 29, 1999

Oct. 29, 1999

38

AFFIDAVIT of Julius Bryant by Julius Bryant Re: pltff states that his allegation of the defts violating the Settlement Agreement is not baseless; docket & file (ls) (Entered: 11/05/1999)

Nov. 4, 1999

Nov. 4, 1999

39

NOTICE OF APPEAL by Julius Bryant ; from [37-1] order pltff Julius Bryant claims that defts have violated the settlement agreement by removing him from the UPD and transferring him to the Shawangunk Correctional Facility; the settlement agreement did not bar the prison authorities from normal steps to protect the safety of Bryant; nor did the settlement agreement require that Bryant be kept permanently at Green Haven; the court rules that defts have not violated the settlement agreement . Copies of notice of appeal mailed to Attorney(s) of Record: Jay T. Weinstein . *(I.F.P. GRANTED 4/22/94)*. (dt) (Entered: 01/26/2000)

Nov. 15, 1999

Nov. 15, 1999

Notice of appeal and certified copy of docket to USCA: [39-1] appeal by Julius Bryant ; Copy of notice of appeal sent to District Judge. (dt) (Entered: 01/26/2000)

Jan. 26, 2000

Jan. 26, 2000

40

Notice that the record on appeal has been certified and transmitted to the U.S. Court of Appeals: [39-1] appeal by Julius Bryant. (dt) (Entered: 02/01/2000)

Feb. 1, 2000

Feb. 1, 2000

Indexed record on appeal files sent to the U.S.C.A. (dt) (Entered: 02/01/2000)

Feb. 1, 2000

Feb. 1, 2000

41

MANDATE OF USCA (certified copy) Re: Dismissed. [39-1] appeal by Julius Bryant, it is ORDERED that the appeal be and it hereby is Dismissed. (00-0020) Karen Greve Milton, Acting Clerk, U.S.C.A. (mh) (Entered: 05/24/2000)

May 17, 2000

May 17, 2000

42

ORDER, The Clerk of the Court is ordered to docket the listed documents . ( signed by Judge Thomas P. Griesa ); Copies mailed. (rag) (Entered: 12/15/2000)

Dec. 15, 2000

Dec. 15, 2000

43

Letter filed addressed to Judge Griesa from Steven L. Bank, Office of the Attorney General of the State of New York dated 10/08/99. (rag) Modified on 12/15/2000 (Entered: 12/15/2000)

Dec. 15, 2000

Dec. 15, 2000

44

AFFIDAVIT of George Schneider, dated 10/08/99. (rag) Modified on 12/15/2000 (Entered: 12/15/2000)

Dec. 15, 2000

Dec. 15, 2000

45

AFFIDAVIT of Jack Alexander, dated 10/08/99. (rag) Modified on 12/15/2000 (Entered: 12/15/2000)

Dec. 15, 2000

Dec. 15, 2000

46

Letter filed by Julius Bryant addressed to Judge Griesa from Julius Bryant. (rag) Modified on 12/15/2000 (Entered: 12/15/2000)

Dec. 15, 2000

Dec. 15, 2000

47

Letter filed by Julius Bryant addressed to Judge Griesa from Julius Bryant, dated 9/3/99. (rag) Modified on 12/15/2000 (Entered: 12/15/2000)

Dec. 15, 2000

Dec. 15, 2000

48

Letter filed by Julius Bryant addressed to Judge Griesa from Julius Bryant, dated 8/23/99. (rag) Modified on 12/15/2000 (Entered: 12/15/2000)

Dec. 15, 2000

Dec. 15, 2000

49

Letter filed by Julius Bryant addressed to Judge Griesa from Julius Bryant, dated 8/29/99, w/attached exhibits. (rag) Modified on 12/15/2000 (Entered: 12/15/2000)

Dec. 15, 2000

Dec. 15, 2000

Doc. #'s 42,43,44,45,46,47,48 & 49 Sent to the U.S.C.A. ( The above mentioned documents were picked-up from judge Griesa's Chambers by Amanda Salter from the U.S.C.A. Ext. 8813). *(Document were not indexed called Sam McLamore from the U.S.C.A. to put in computer at U.S.C.A.)*. (dt) (Entered: 12/18/2000)

Dec. 18, 2000

Dec. 18, 2000

50

NOTICE of change of address by Julius Bryant; 80-A-0522, Five Points Corr. Fac., P.O. Box 119, 12-A1-1b, Romulus, NY 14541. (sn) (Entered: 03/09/2001)

March 8, 2001

March 8, 2001

51

MANDATE OF USCA (certified copy) Re: Affirm judgment of the district court[39-1] appeal by Julius Bryant. 00-0054, Roseann B. Mackechenie, Clerk. (sl) (Entered: 04/16/2001)

April 13, 2001

April 13, 2001

Record on appeal files (00-0020) returned from U.S. Court of Appeals: [39-1] appeal by Julius Bryant. (sb) (Entered: 06/12/2001)

June 8, 2001

June 8, 2001

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 22, 1994

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Inmate incarcerated in Green Haven seeking damages for deliberate indifference to his medical needs

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: Unknown

Class Action Outcome: Unknown

Defendants

New York Department of Corrections (Greenhaven), State

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: 1998 - None

Issues

Discrimination-area:

Medical Exam / Inquiry

Medical/Mental Health:

Medical care, general

Medical care, unspecified

Type of Facility:

Government-run