K&M Case List

Ashcroft v. Iqbal, 556 U.S. 662, 129 S. Ct. 1937 (2009) (reversing the decision of the Second Circuit, which denied the motion to dismiss filed by high government officials on grounds of immunity and other defenses). This civil rights action was commenced on behalf of Ehab Elmaghraby, an Egyptian immigrant, and Javaid Iqbal, a Pakistani immigrant, who were both arrested in a federal police sweep of Arab and South Asian Muslin communities in the aftermath of September 11, 2001. The suit challenged the constitutional deprivations and abusive treatment they were subjected to during their subsequent detention by the United States government. See “U.S. Fails to End Suit by Muslims Over Prison Treatment”, N.Y.L.J. Sept. 29, 2005, p.1; “Judges Zero In On Treatment of a Detainee”, N.Y.L.J. Oct. 5, 2006, p.1. Specifically they alleged that FBI officials carried out a discriminatory policy by designating them as a persons “of high interest” in the investigation of the September 11 attacks solely because of their race, religion, or national origin. Owing to this designation they were held in secret in the detention center’s solitary confinement unit under horrific and deplorable conditions for over six months, despite having been cleared of any association with the terrorist attacks. After the high officials were removed from the case, both Mr. Elmaghraby and Mr. Iqbal prevailed, and were awarded damages of $300,000.00 and $265,000.00 respectively. For their work on the case, K&M attorneys Joan Magoolaghan, Alexander Reinert, and Elizabeth Koob were nominated 2006 Trial Lawyer of the Year Finalists by the Trial Lawyers for Public Justice, a national trial advocacy organization. Ashcroft v. Iqbal is one of the most cited cases in the history of United States’ jurisprudence.

Hilton v. Wright, 673 F.3d 120 (2nd Cir. 2012) (affirming award of attorney’s fees, and granting counsel their costs in monitoring the injunctive relief granted to a class of prisoners with Hepatitis C). In this civil rights action inmates with Hepatitis C successfully challenged DOCCS’ policy of denying them treatment because they had not enrolled in, or completed an inpatient substance abuse treatment program. See Hilton v. Wright, No. 9:05-CV-1038, 2008 WL 53670 (N.D.N.Y. Jan. 2, 2008)

Rindfleish v. Wright, 2010 WL 8522545 (W.D.N.Y. Aug 27, 2010), aff’d 2012 WL 1037681 (W.D.N.Y. Mar, 2012) (adopting the decision of the Magistrate Judge on defendants’ motion for summary judgement). This civil rights case was brought by the mother, father, son, sister, brothers and Estate of Andreas Gustov Rindfleisch IV after Mr. Rindfleisch suffered excruciating pain, became physically deformed, and died at the age of forty-four (44) from a treatable dental abscess. Upon evidence that while confined in solitary he had literally begged for medical care, writing “Emergency, Emergency, Emergency” in a desperate cry for help, and proof that the antibiotics that he needed cost less than $5, the case settled for $1,500,000.00.

Davis v. Cole Hoover, No. 03CV550, 2004 WL 1574649 (W.D.N.Y. June 14, 2004) (denying defendants’ motion for summary judgment). In this civil rights action the plaintiff, an inmate confined at the Bedford Hills Correctional Facility, commenced suit after medical staff members were deliberately indifferent to her serious medical condition, and she was rendered blind. The case settled for $2,750,000.00.

Shariff v. Goord, 235 F.R.D. 563 (W.D.N.Y. 2006) (granting plaintiff’s motion to certify the class of wheelchair-bound inmates who were transported to specialty medical appointments in vans without seatbelts). This action was commenced after Mr. Shariff, who is a paraplegic, was injured when the vehicle in which he was being transported without a seatbelt took a sharp turn at an unsafe speed, and he was propelled out of his chair. Claims were asserted under the Eighth Amendment and under Americans with Disabilities Act (ADA), and via a 2011 settlement the class succeeded in changing the manner of transport for wheelchair bound inmates to assure their safe transport, and Mr. Shariff was awarded damages in the amount of $95,000.00.

Domenech v. Goord, 20 A.D.3d 416, 797 N.Y.S.2d 313, (N.Y.A.D. 2 Dept. Jul 05, 2005) (decision upholding finding that New York State’s policy of denying treatment for Hepatitis C through requiring treatment for past drug abuse to be unconstitutional deprivation of needed medical care. See Panel Upholds Order to Treat State Inmate, N.Y.L.J. July 11, 2005, p.1.

Tortorici v. Goord, 216 F.R.D. 256 (S.D.N.Y. 2003) (decision holding quality assurance documents discoverable). This civil rights action was commenced on behalf of the mother, father, brothers, sister and Estate of Ralph Tortorici after Ralph tragically committed suicide at the age of 31. The case settled for $800,000.00 plus attorneys’ fees in the amount of $375,000.00, upon substantial evidence regarding the systemic deficiencies in the delivery of mental health treatment to inmates who suffer serious psychiatric illnesses, and upon the shocking revelation that Ralph Tortorici was all but abandoned by the mental health practitioners responsible for his treatment and care.

Jackson v. Johnson, 118 F. Supp. 2d 278 (N.D.N.Y. 2000), aff’d in part, appeal dismissed in part, 13 Fed. Appx 51, 2001 WL 735902 (2nd Cir. 2001). This case was a civil rights action on behalf of a 14 year old who, while confined in a medium security youth facility owned and operated by the New York State Division for Youth, was subjected to two violent and unlawful assaults by Youth Division Aides that left him with permanent brain damage and quadriplegia. The case settled on the eve of trial for $9,750,000, the largest award in a civil rights action in the history of the Northern District of New York. See N.Y.L.J., 2/26/02, p.1 (announcing the settlement). One result of the case was a new policy initiated by State Attorney General Eliot L. Spitzer, who ordered the 521 lawyers in his office to terminate their use of race based mortality tables in assessing damages for plaintiffs who sue the State (see NYLJ, 4/21/99, p.1) (announcing the change in policy at the Attorney General’s office). The case also resulted in the implementation of a new Physical Restraint Technique throughout the Division for Youth to assure that another youth would not suffer similar injuries.

Smith v. Goord, 222 F.R.D. 238 (N.D.N.Y. 2004) (decision granting plaintiff discovery of personnel files, and training and job performance documents). This civil rights action was commenced on behalf of a former inmate who suffers from a serious psychiatric illness but was nevertheless housed in solitary confinement under horrific and inhumane conditions, and warehoused without treatment in “mental health” observation cells, under equally appalling conditions. After the District Court granted plaintiff’s motion seeking access to very valuable discovery materials the case settled for $115,000.00 plus attorneys’ fees.

Baker v. Coughlin, et al., 77 F.3d 12 (2nd Cir. 1996) (decision finds N.Y. Corr. L. ‘ 24 a bar to state negligence claims). This was a civil rights action for the death of 18 year old prisoner at a boot camp correctional facility who was subjected to excessive force and the denial of emergency medical treatment. The case settled for $1,000,000 in damages to the deceased’s mother for wrongful death and payment of $300,000 in attorneys fees. Included in the settlement was an agreement for a meeting between the deceased’s mother, the Commissioner of the Department of Correctional Services and a Governor’s representative to discuss the problematic use of excessive force in State boot camps. The case resulted in a new training initiative by the Department of Corrections.

Brown v. Coughlin, 758 F. Supp. 876 (S.D.N.Y. 1991) (denial of summary judgment motion), later reported at 869 F. Supp. 196 (S.D.N.Y. 1994). This case was brought for the deliberate indifference of municipal defendants to a prisoner’s need for adequate medical treatment for a simple fracture of the leg, which resulted in a below the knee amputation. The case was settled for $600,000.

D’Angelo v. New York City Health and Hospitals Corp., 929 F. Supp. 129 (S.D.N.Y. 1996) (denial of summary judgment). This civil rights action arose from the August 1982 death of Sonia Yglesias, who at the age of 33 and while in the custody of the City of New York, died approximately 24 hours after her admission to the secure psychiatric unit at Elmhurst Hospital. The action, brought twelve years after her death on the theory that the claims did not accrue and/or were tolled because of a cover up masterminded by the city relating to the cause of death, included claims for loss of the parent child relationship. The case settled for $750,000.

Langley v. Coughlin, 715 F. Supp. 522 (S.D.N.Y. 1989); 709 F. Supp. 482 (S.D.N.Y. 1989), aff’d 888 F.2d 252 (2d Cir. 1989) (decisions denying challenge to class certification, qualified immunity & summary judgment). This was a class action challenge to punitive segregation and the inadequate mental health treatment given mentally ill prisoners. The case settled with an injunction and damage fund of $350,000 for all class members who had been confined in solitary confinement during the relevant period, with additional damages to those prisoners denied mental health care. The case resulted in payment in excess of $900,000 in attorneys fees and $100,000 in costs, primarily for expert witness testimony, awarded as requested. The case led to new protocols for the delivery of mental health services and new protections for prisoners confined to solitary throughout the New York State Department of Correctional Services.

Powell v. Ward, 487 F. Supp. 917 (1980), aff’d as mod. 643 F.2d 924 (1981), cert. den’d, 454 U.S. 832 (1981) (motion on contempt); 540 F. Supp. 515 (S.D.N.Y. 1982) (monitoring of contempt decision); 562 F. Supp. 274 (S.D.N.Y. 1983) (same); sub nom 1993 WL 328837 (S.D.N.Y.), aff’d 22 F.3d 1092 (2d Cir.1994) (same); 1994 WL 673507 (S.D.N.Y.) (final attorney’s fees award), aff’d sub nom, 122 F.3d 1057 (2d Cir. 1995). This class action sought contempt and a permanent injunction for violations of due process in prison disciplinary proceedings. A settlement fund was established in the amount of $125,000 in lieu of civil contempt fines. Over $1 million dollars was paid in attorney’s fees in the case, which proceeded over the course of two decades and changed the entire system of disciplinary hearings throughout the New York State Department of Correctional Services and developed the law on civil contempt. Before it concluded, well over 100 Court orders were entered.

Kagan v. State of New York, 221 A.D.2d 7, 646 N.Y.S.2d 336 (2nd Dept. 1996). This case was commenced after claimant, an inmate at the Bedford Hills Correctional Facility, lost her hearing in one ear because of the prison’s negligent provision of medical care. After trial, a judge in the Court of Claims awarded $304,000 to our client. See $304,000 “Negligence Award Won by Inmate Rendered Deaf”, NYLJ, 8/3/92, p.1. The award was affirmed on appeal.

McCormick v. Gray, 1993 WL 437788 (S.D.N.Y.). This case was a challenge to the State’s attempt to prevent a husband and wife from residing together after both were released from prison. After our law firm successfully challenged the policy, the District Court awarded attorneys’ fees in full.