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)

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