Federal Defenders of New York, Inc. v. Federal Bureau of Prisons et al

Filing 1

COMPLAINT against Federal Bureau of Prisons, Herman Quay, filed by Federal Defenders of New York, Inc.. (Attachments: #1 Civil Cover Sheet) (Davis, Kimberly)

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JS44 (Rev. 11/15) CIVIL COVER SHEET The JS 44 civil cover sheet and the information contained herein neither r^lace nor supplement the filing and service of pleadings or other papers as required by law, except as provided W local rules ofcourt. This form,approved by the Judicial Conference ofthe United States in September 1974, is required for the use ofthe Clerk ofCourt for the purpose of^initiating the civil docket sheet. (SEEINSTRUCTIONSON NEXT PAGE OF THISFORM.) I.(a) PLAINTIFFS Federal Defenders of New York, Inc., on behalf of Itself and its clients detained at the Metropolitan Detention Center - Brooklyn (b) County ofResidence of First Listed PlaintifT DEFENDANTS Federal Bureau of Prisons; Warden Herman Quay, in his official capacity Kings, New York County of Residence of First Listed Defendant BRODiErj: IPT IN U.S. PIAINTIFFCASES) ^ Washington, D.C. (IN U.S PIAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES. USE THE LOCATION OF THE TRACT OF LAND INVOLVED. Attorneys (Firm Name, Address, and Telephone NumbeU Attorneys (ifKnown) Kaplan Hecker & Fink LLP, 350 Fifth Avenue, Suite 7110, New York, NY Susan Riley, Department of Justice 10118 GOLD, MJ. III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Box for Plaintiff II. BASIS OF JURISDICTION (Place an "X"in One Box Only) □ I U.S. Goveninient (For Oiversity Cases Only) ^ 3 Federal Question Plaintifr and One Box for Defendani) PTE (U.S Government Not a Parly) □ I Citizen ofThis Slate DEF □ 1 PTF Incorporated or Principal Place DEF 0 4 0 4 □ 5 0 5 a 6 a 6 of Business In This State 2 U.S. Government □ 4 Diversity Citizen of Another Stale □ 2 0 Incorporated and Principal Place 2 (Indicate Citizenship ofParties in Item III) Defendant of Business In Another State Citizen or Subject of a □ 3 0 3 Foreign Nation Foreign Country IV. NATURE OF SUIT (Place an "X" in One Box Only) CONTRACT TORTS □ 110 Insurance PERSONAL INJURY G 310 Airplane G 315 Airplane Product Liability □ 120 Marine □ 130 Miller Act □ 140 Negotiable Instrument □ ISO Recovery of Overpayment G 320 Assault, Libel & & Enforcement of Judgment Slander 0,151 Medicare Act G 330 Federal Employers' G 152 Recovery of Defaulted Liability Student Loans G 365 Personal Injury Product Liability Liability G 350 Motor Vehicle G 355 Motor Vehicle G 195 Contract Product Liability G 196 Franchise Injury G 362 Personal Injury CIVIL RIGHTS G 380 Other Personal G 460 Deportation G 385 Property Damage Product Liability G 740 Railway Labor Act G 751 Family and Medical 480 Consumer Credit G 862 Black Lung (923) G 863 DIWC/DIWW (405(g)) 490 Cable/Sal TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts G 865 RSI (405(g)) 893 Environmental Matters Leave Act PRISONER PETITIONS G 790 Other Labor Litigation G 791 Employee Retirement Income Security Act 895 Freedom of Information FEDERALTAX SUITS n 463 Alien Detainee G 870 Taxes (U.S. PlaintifT or Defendant) G 510 Motions to Vacate G 871 IRS—Third Party Habeas Corpus: Stale Statutes F Actions G 555 Prison Condition G 560 Civil Detainee - Remanded from Appellate Court LED IN CLEf! !K'S OFFICE U.S, DISTRIC r COURT E.D.N.Y. —FEB'O^ 2019—W V. ORIGIN (Place an "X" in One Box Only) □ 3 Act/Review or Appeal of Agency Decision G 950 Constitutionality of G 462 Naturalization Application G 465 Other Imnugration Conditions of Confinement □ 2 Removed from State Court H 899 Administrative Procedure IMMIGRATION G 446 Amer. w/Disabilities ■ G 540 Mandamus & Other Other G 550 Civil Rights I Original Proceeding Acl G 896 Arbitration 26 USC 7609 Sentence Other: G 448 Education Corrupt Organizations G 861 HIA(I395fD G 864 SSID Tide XVI G 720 Labor/Management Relations Property Damage G 530 General Accommodations G 445 Amer. w/Disabilitics ■ G 535 Death Penalty Employment G 430 Banks and Baidiing G 450 Commerce SOCIAL SECURITY Act G 371 Truth in Lending G 245 Tort Product Liability G 290 All Other Real Properly G 410 Antitrust G 470 Racketeer Influenced and labor G 370 Other Fraud G 240 Torts to Land G 220 Foreclosure G 230 Rent Lease & Ejectment 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ G 376 Qui Tarn (31 USC 3729(a)) G 400 State Reapportionment G 840 Trademark Injury Product Liability G G G G G 210 Land Condemnation G 423 Withdrawal 28 USC 157 G 830 Patent Medical Malpraaicc REALPROPERTV OTHER STATUTES G 375 False Claims Act PROPERTYRIGHTS G 368 Asbestos Personal G 360 Other Personal Product Liability BANiOMJPTCY G 422 Appeal 28 USC 158 G 820 Copyrights Personal Injury Product Liability PERSONAL PROPERTY G 710 Fair Labor Standards of Veteran's Benefits G 160 Stockholders' Suits G 190 Other Contract r G 690 Other Pharmaceutical G 345 Marine Product □ 153 Recovery of Overpayment G 625 Drug Related Seizure of Property 21 USC 881 G 367 Health Care/ G 340 Marine (Excludes Veterans) FORFElTUREffENALTV PERSONAL INJURY □ 4 Reinstated or Reopened 5 Transferred from Another District (specify) □ 6 Multidistrict Litigation BROOKLYN OFRCC Cite the U.S. Civil Statute under which you arp fliirig (Do not cilejurisdictlonal statutes unless diversity): U.S. Const, amend VI; 5 U.S.C. section 7D6(2) VI. CAUSE OF ACTION Brief description of cause: Violation of Sixth Amendment right to counsel; failure to follow agency regulations regarding attorney visitation VII. REQUESTED IN COMPLAINT: □ CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. VIII. RELATED CASE(S) IF ANY CHECK YES only if demanded in complaint: DEMAND $ JURY DEMAND: (Sec instructions): JUDGE DATE DOCKET NUMBER SIGNATURE OF ATTORNEY OF RECORD 02/04/2019 FOR OFnCE USE ONLY RECEIPT it AMOUNT ^C,ryi7<£>'0y3 APPLYING IFP JUDGE MAG. JUDGE H Yes Xno "3» •» CERTIFICATION OF ARBITRATION ELIGIBILITY Local Arbitration Rule 83.10 provides that with certain exceptions, actions seeking money damages only in an amount not in excess of$130,000, exclusive of interest and costs, are eligible for compulsory arbitration. The amount ofdamages is presumed to be below the threshold amount unless a certification to the contrary is filed. Case is Eligible for Arbitration □ I, Sean Hecker compulsory arbitration for the following reason(s); ^ counsel for Federal Defenders of New York, Inc. do hereby certify that the above captioned civil action is ineligible for _J monetary damages sought are in excess of $150,000, exclusive of interest and costs, ^ the complaint seeks injunctive relief, the matter is otherwise ineligible for the following reason DISCLOSURE STATEMENT - FEDERAL RULES CIVIL PROCEDURE 7.1 Identify any parent corporation and any publicly held corporation that owns 10% or more or its stocks: Plaintiff Federal Defenders of New York, Inc. has no parent corporation, and no publicly held corporation owns 10% or more of its stock. RELATED CASE STATEMENT (Section VIII on the Front of this Form) Please list all cases that are arguably related pursuant to Division of Business Rule 50.3.1 in Section VIII on the front of this form. Rule 50.3.1 (a) provides that "A dvil case Is "related" to another civil case for purposes of this guideline when, because of the similarity of facts and legal issues or because the cases arise from the same transactions or events, a substantial saving of judicial resources is likely to result from assigning both cases to the same judge and magistrate judge." Rule 50.3.1 (b) provides that * A civil case shall not be deemed "related" to another dvil case merely because the dvil case; (A) involves identical legal issues, or (B) involves the same parties." Rule 50.3.1 (c) further provides that "Presumptively, and subject to the power of a judge to determine otherwise pursuant to paragraph (d), dvil cases shall not be deemed to be "related" unless both cases are still pending before the court." NY-E DIVISION OF BUSINESS RULE 50.1fdU2) 1.) Is the civil action being filed in the Eastern District removed from a New York State Court located in Nassau or Suffolk 2.) If you answered "no" above: a) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in Nassau or Suffolk County? □ Yes County? Q Yes izi No ^ No b) Did the events or omissions giving rise to the claim or claims, or a substantial part thereof, occur in the Eastern District? 171 Yes □ No c) If this is a Fair Debt Collection Practice Act case, specify the County in which the offending communication was received: If your answer to question 2 (b) is "No," does the defendant (or a majority of the defendants, if there is more than one) reside in Nassau or Suffolk County, or, in^ interpleader s^on, does the claimant (or a majority of the claimants, if there is more than one) reside in Nassau or Suffolk County? M Yes □ No fWote: A corporation shall be considered a resident of the County in which it has the most significant contacts). BAR ADMISSION I am currently admitted in the Eastern District of New York and currently a member in good standing of the bar of this court. Q Yes □ No Are you currently the subject of any disciplinary action (s) in this or any other state or federal court? Q Yes (If yes, please explain izi No I certify the accuracy of all information provided above. Signature: _ Last Modified: 11/27/2017

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