In 1991, a class action lawsuit was filed in the Supreme Court of the State of New York for the County of New York on behalf of newly-sentenced state prisoners against the New York City Department of Correction, the New York State Department of Correctional Services, and the New York State Division of Parole. The plaintiffs brought their suit pursuant to Article 78 of the New York Civil Practice Law and Rules, seeking injunctive relief to enjoin the swift transfer of newly-sentenced inmates to State custody. At some point, claims against the County Clerks for New York, Queens, Kings, Bronx, and Richmond Counties were severed from this lawsuit by stipulation.

On July 29, 1992, the parties proposed a settlement, under which newly-sentenced prisoners would be transferred from City correctional facilities to State facilities within five days of sentencing. The City agreed to notify the sentencing court any time the transfer deadline was not met and to report transfer readiness, rates, and speed to the plaintiffs' counsel every month. The State agreed to be prepared to receive transferring inmates within five days of sentencing and to notify the City of planned placement to facilitate transfer. The Supreme Court of the State of New York for the County of New York (Judge Joan B. Lobis) heard class members' concerns about the settlement before approving the agreement on September 21, 1992.

Because this case predates pacer, we lack the docket and pleadings in this case and have no information about the implementation of the consent decree.

Elizabeth Chilcoat - 06/22/2006
Megan Richardson - 07/18/2014


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