VEGA v. SEMPLE

No. 18-3176-pr August Term 2019.

963 F.3d 259 (2020)

Harry VEGA, Plaintiff-Appellee, Michael Cruz, on behalf of themselves and all others similarly situated, Kenya Brown, On behalf of themselves and all others similarly situated, Jeffrey Perry, On behalf of themselves and all others similarly situated, Lee Grenier, On behalf of themselves and all others similarly situated, Tavorus Fluker, On behalf of themselves and all others similarly situated, Anthony Rogers, On behalf of themselves and all others similarly situated, Thomas Marra, On behalf of themselves and all others similarly situated, Terrence Easton, On behalf of themselves and all others similarly situated, Lamont Samuel, On behalf of themselves and all others similarly situated, Ian Cooke, On behalf of themselves and all others similarly situated, J. Michael Farren, Lawrence Townsend, On behalf of themselves and all others similarly situated, John Bosse, On behalf of themselves and all others similarly situated, Consolidated-Plaintiffs-Appellees, v. Scott SEMPLE, Commissioner of Correction, in their individual and official capacities; James Dzurenda, former Commissioner of Correction, in their individual and official capacities; Lee Arnone, former Commissioner of Correction, in their individual and official capacities; Theresa Lantz, former Commissioner of Correction, in their individual and official capacities; James Armstrong, former Commissioner of Correction, in their individual and official capacities; Lawrence Meachum, former Commissioner of Correction, in their individual and official capacities; Henry Falcone, Warden, Garner Correctional Institution, in their individual and official capacities; Steven Link, Director, Department of Correction Engineering and Facilities Management, in their individual and official capacities; David Batten, former Director, Department of Correction Engineering and Facilities Management, in their individual and official capacities, Defendants-Appellants, John Does, 1-3, Defendants.

United States Court of Appeals, Second Circuit.

Decided: June 29, 2020.


Attorney(s) appearing for the Case

Stephen R. Finucane , Assistant Attorney General, for William Tong, Attorney General of Connecticut, Hartford, CT, for Defendants-Appellants.

Lori Welch-Rubin ( Martin Minnella , on the brief), Minnella, Tramuta & Edwards, LLC, Middlebury, CT, for Plaintiffs-Appellees.

Alexander A. Reinert , Benjamin N. Cardozo School of Law, New York, NY, for Amicus Curiae Human Rights Defense Center.

Before: Cabranes and Raggi, Circuit Judges, and Korman, Judge.


Plaintiffs are current and former inmates of the Connecticut Department of Correction ("DOC") incarcerated within Garner Correctional Institution ("Garner") who initiated suit in the United States District Court for the District of Connecticut. They purport to bring...

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