SUDLER v. CITY OF NEW YORK

Docket Nos. 11-1198-cv(L), 11-1216-cv(con).

689 F.3d 159 (2012)

Terence SUDLER, Timothy Batthany, Plaintiffs-Appellants, v. CITY OF NEW YORK, Martin F. Horn, of the New York City Department of Corrections (NYCDOC), Warden, who was in Charge of Plaintiff's Correctional Facility at Rikers Island, Glenn S. Goord, Former Commissioner of the New York State Department of Correctional Services (DOCS), Anthony Annucci, Deputy Commissioner and Counsel for Department of Correctional Services, Ralph W. Santor, of Chateaugay A.S.A.C.T.C., Bonnie S. LaClair, Inmate Records Coordinator I at Chateaugay A.S.A.C.T.C., Michael Moes, Employees of Department of Correctional Services, Paul Poes, Supervisory Employees of the Department of Correctional Services, Robert J. Dennison, Former Chairman and Chief Executive Officer of New York State Division of Parole, Jarvis Jenkins, Rikers Island Senior Parole Officer, Shield No. 408, Ruben Hernandez, Rikers Island Parole Officer, Shield No. 190, Pemberton, Parole Officer, Rikers Island, Billie Boe, New York State Division of Parole Employees at Chateaugay A.S.A.C.T.C. Who was Responsible for the Proper Calculation of Plaintiff's Time, Billie Boes, Employees of the NYS Division of Parole, Larry Loes, Supervisory Employees of the New York State Division of Parole, Luciente J. LeClaire, Jr., Superintendent of Ulster Correctional Facility From December 2005 to July 2006, Donna Dietz, Inmate Records Coordinator I at Ulster Correctional Facility from December 2005 to July 2006, Linda E. Stevens, at Ulster Correctional Facility who Wrote Memoranda to Plaintiff on December 29, 2005 and January 4, 2006, Larry Loe, New York State Division of Parole Supervisor of Linda E. Stevens, Julie Travis, Kenneth White, Robert Fall, Roger Watters, Donna Bleichert, Daniel Amend, Francine E. Smith, Sentencing Review Specialist, Tami J. Hughes, NYS Division of Parole Agency Program Aide in Albany, Charlotte A. Wright, A.P.A., Ivy Gaynor, P.O., Andrea W. Evans, Chairwoman and Chief Executive Officer of New York State Division of Parole, Luis O. Alvarado, Deborah Watkins, John Doe Clerical Staff Worker(s) at Plaintiff's NYC DOCS Correctional Facility, Who Failed to Transmit Plaintiff's Sentencing Paperwork to the New York State Department of Correctional Services (DOCS), Brian Fischer, Commissioner of the New York State Department of Correctional Services (DOCS), K. Mosley, Inmate Records Coordinator at Watertown Correctional Facility, NYS DOCS Official who Wrote on Plaintiff's Undated Complaint Letter, Counselor J. Clement, CC, Counselor Clough at Watertown Correctional Facility, Watertown Correctional Facility Defendant With Initials KG, Four Members of the IGRC at Watertown Correctional Facility, Chairperson of the IGRC at Watertown Correctional Facility, George B. Alexander, Chairperson and Chief Executive Officer of New York State Division of Parole, Senior Parole Agent Walters, V. Devlin, APA, Billie Boe New York State Division of Parole Employee, at Watertown Correctional Facility who was Responsible for the Proper Calculation of Plaintiff's Time, Mary Kopp, Employee at New York State Division of Parole in Albany, Theresa Viglione, Inmate Records Coordinator I at Ulster Correctional Facility for December 2007 to June 2008, Gail Williams, Inmate Records Coordinator II at Ulster Correctional Facility from December 2007 to June 2008, Orline Rohde, A Corrections Officer Member of the IGRC at Watertown Correctional Facility, Commissioner Dora B. Schriro, of the New York City Department of Corrections (NYCDOC), Superintendent Ekpe D. Ekpe, of Watertown Correctional Facility, Michael Moe, Second Corrections Officer Member of the IGRC at Watertown Correctional Facility, Valerie Oliver, Bureau Chief, NYC DOCS Custody Management & Environment Health Department, Venita Mabra, NYC DOC Inmate Records Coordinator, Warden Carmine Labruzzo, Defendants-Appellees, Bureau Chief, Department of Corrections Custody Management & Environmental Health Department from June 2005 to July 2006, Coordinator New York City Department of Corrections Inmate Records, from June 2005 to July 2006, John Doe, Clerical Staff Worker at Rikers Island who Failed to Transmit Plaintiff's Sentencing Paperwork to the New York State Department of Correctional Services (DOCS), Richard Roe, Supervisor of John Doe Clerical Staff Worker(s) at Plaintiff's NYC DOC Correctional Facility, who Failed to Transmit Plaintiff's Sentencing Paperwork to the New York State Department of Correctional Services (DOCS), Staff Worker, at Rikers Island who Failed to Transmit Plaintiff's Sentencing Paperwork to Department of Correctional Services, John Does, Employees of the City of New York, Richard Roes, Supervisory Employees of the City of New York, Michael Moe, Superintendent of Ulster Correctional Facility from December 2005 to July 2006, Michael Moe, Inmate Records Coordinator I at Ulster Correctional Facility from December 2005 to July 2006, New York State Division of Parole, Employee With Initials LES at Ulster Correctional Facility Who wrote Memoranda to Plaintiff on December 29, 2005 and January 4, 2006, Larry Loe, New York State Division of Parole Supervisor of New York State Division of Parole Employees with Initials "LES" at Ulster Correctional Facility who Wrote Memoranda to Plaintiff on December 29, 2005 and January 4, 2006, Defendants.

United States Court of Appeals, Second Circuit.

Decided: August 7, 2012.


Attorney(s) appearing for the Case

Jeffrey A. Rothman , New York, N.Y. ( Matthew D. Brinckerhoff , Emery Celli Brinckerhoff & Abady, LLP, New York, N.Y., on the brief), for Plaintiffs-Appellants.

Simon Heller , Assistant Solicitor General, New York, N.Y., for Eric T. Schneiderman, Attorney General of the State of New York (Barbara D. Underwood, Solicitor General, Richard Dearing, Deputy Solicitor General, on the brief), for New York State Defendants-Appellees.

Thaddeus Hackworth , New York, N.Y., for Michael A. Cardozo, Corporation Counsel of the City of New York (Elizabeth S. Natrella, Leonard Koerner, on the brief), for City of New York Defendants-Appellees.

Before: WINTER and LIVINGSTON, Circuit Judges, and RAKOFF, District Judge.


LIVINGSTON, Circuit Judge:

On appeal from the district court's grant of a motion to dismiss and a motion for summary judgment, this case presents two issues: (1) whether the due process rights of Plaintiffs-Appellants Terence Sudler ("Sudler") and Timothy Batthany ("Batthany") (collectively, "Plaintiffs") were violated by a host of officers and employees of the New York State and New York City prison systems (collectively, "Defendants"), and (2) whether these officers...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases