CLARKSON v. COUGHLIN

No. 91 Civ. 1792 (RWS).

783 F.Supp. 789 (1992)

Doris CLARKSON, on behalf of herself and all others similarly situated, Plaintiff, v. Thomas A. COUGHLIN, III, individually and in his capacity as Commissioner of the State of New York, Department of Correctional Services, Robert Greifinger, individually and in his capacity as Deputy Commissioner and Chief Medical Officer of the New York State Department of Correctional Services, Marion Borum, individually and in his capacity as Deputy Commissioner for Program Services of the New York State Department of Correctional Services, Elaine A. Lord, individually and in her capacity as Superintendent of the Bedford Hills Correctional Facility, and Raul Russi, individually and in his capacity as Chair of the New York State Board of Parole and Head of the New York Division of Parole, Defendants. Rodney THOMAS, Larry Randall, Janice Whan, Scott Cameron Phelps, and James White, individually and on behalf of others similarly situated, Proposed-Plaintiffs-Intervenors, v. Victor HERBERT, individually and in his capacity as Superintendent of the Collins Correctional Facility, Walter Kelly, individually and in his capacity as Superintendent of the Attica Correctional Facility, Bridget Gladwin, individually and in her capacity as Superintendent of the Taconic Correctional Facility, Arthur Leonardo, individually and in his capacity as Superintendent of the Great Meadow Correctional Facility, Carl Berry, individually and in his capacity as Superintendent of the Woodbourne Correctional Facility, Richard C. Surles, individually and in his capacity as Commissioner of the New York State Office of Mental Health, and Susan Butler, individually and in her capacity as Deputy Commissioner for Program Services of the New York State Department of Correctional Services, Proposed-Defendants.

United States District Court, S.D. New York.

February 3, 1992.


Attorney(s) appearing for the Case

The Legal Aid Society, Civil Appeals & Law Reform Unit, New York City (Kalman Finkel, Atty. in Charge, Janet E. Sabel, Jane E. Booth, Director of Litigation, of counsel), and Proskauer, Rose, Goetz & Mendelsohn, New York City (Teresa A. Curtin, of counsel), for plaintiffs.

Robert Abrams, Atty. Gen. of State of N.Y., New York City (Frederic L. Lieberman, Rosalie J. Hronsky, Edward J. Curtis, Jr., Asst. Attys. Gen., of counsel), for defendants Coughlin, Greifinger, Lord and Russi.


OPINION

SWEET, District Judge.

Defendants Thomas A. Coughlin, III ("Coughlin"), Robert Greifinger ("Greifinger"), Marion Borum ("Borum"), Elaine A. Lord ("Lord"), and Raul Russi ("Russi") (collectively the "Defendants") have moved to dismiss Plaintiff Doris Clarkson's ("Clarkson") complaint against them on the ground that the action is moot. Defendant Lord also has moved separately for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure...

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