On November 3, 1994, an inmate at the Attica Correctional Facility in Attica, New York, filed a pro se lawsuit under 42 U.S.C. §1983 against the New York State Department of Corrections and representatives of Greenhaven Correctional Facility (including the prison doctor) in the U.S. District Court for the Southern District of New York. The plaintiff, who had been incarcerated at Greenhaven, asked the court for declaratory and injunctive relief, as well as damages, alleging that his constitutional rights had been violated by denial of access to the courts, inadequate medical care following a 1994 injury on the handball court at Greenhaven, failure to repair the prison's handball court, inadequate supply of clean clothing, lack of sanitation, infestation with mice, deprivation of pain medication, inadequate heating, and failure to supply him with headphones.

On September 4, 1996, the U.S. District Court for the Southern District of New York (Judge Miriam G. Cedarbaum) granted summary judgment to the defendants on all issues except access to courts, which was not addressed in their arguments. Higgins v. Coombe, No. 94-7942, 1996 WL 502409 (S.D.N.Y. Sept. 4, 1996).

The plaintiff then asked the court for further injunctive relief, complaining that the defendants retaliated against him for filing his compliant. On June 16, 1997, the district court (Judge Sonia Sotomayor) partially dismissed the complaint, allowing the plaintiff to proceed on his claims that the defendants lost his legal documents and filed a false misbehavior report on him. Higgins v. Coombe, No. 95-8696, 1997 WL 328623 (S.D.N.Y. June 16, 1997).

On March 13, 1998, the district court (Judge Cedarbaum) granted the defendants' motion to dismiss the access to courts claim, due to failure to prosecute on the part of the plaintiff. Higgins v. Coombe, No. 94-7492, 1998 WL 113955 (S.D.N.Y. Mar. 13, 1998). The court then closed the case.

Kristen Sagar - 10/31/2006


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