Harnage v. Gallagher et al
| James A. Harnage |
| Colleen Gallagher, Angel Quiros, William Mulligan, Nick Rodriguez, Jesus Guadarrama, Mangiafico, Ortyl, Grimaldi, Haye, Howard, Ikem, Roberts, Jean Caplan, Parsons, Decateau, Sanchez, Johnson, Leone, Cage, Griffin, Jennifer, Tawanna Furtick, Rose Walker, Robledo, Thomas, Jane or John Doe, Maletz, Demartino, Straukas, Bassett, Jennifer Cruz, Greene and Daniel Daugherty |
| 3:2025cv01487 |
| September 8, 2025 |
| U.S. District Court for the District of Connecticut |
| Maria E Garcia |
| Sarah F Russell |
| Prisoner Petitions - Prison Conditions |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 27, 2026. A more recent docket listing may be available from PACER.
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| Filing 55 OBJECTION re #53 MOTION for Sanctions filed by Jesus Guadarrama, Angel Quiros. (Barry, Steven) |
| Filing 54 REPLY to Response to #9 EXPARTE MOTION for TRO and order to show cause filed by James A. Harnage. (Limberti, L) |
| Filing fee received from James Harnage: $ 350.00, receipt number BPT15482(Pesta, J.) |
| Filing 53 MOTION for Sanctions Against Defense Counsel (Responses due by 2/27/2026, ) and MOTION for Order Commanding Court Clerk Return Improperly Issued Check by James A. Harnage. (Chartier, A.) |
| Filing 52 Supplemental AFFIDAVIT Re: Motion to Take Depositions of Incarcerated Person(s) Signed By James A. Harnage filed by James A. Harnage. (Chartier, A.) |
| Filing 51 SUPPLEMENTAL AFFIDAVIT re #50 MOTION to Take Deposition Signed By James A. Harnage filed by James A. Harnage. (Imbriani, S) |
| Filing 50 Amended MOTION to Take Depositions of Incarcerated Person(s) by James A. Harnage. (Chartier, A.) |
| Filing 49 MOTION for Evidentiary Hearing re: Temporary Restraining Order by James A. Harnage. (Chartier, A.) |
| Filing 48 MOTION for Expedited Evidentiary Hearing re: Motion to Take Depositions of Incarcerated Person(s) by James A. Harnage. (Chartier, A.) |
| Filing 47 Plaintiffs' OBJECTIONS to Any New Referrals to the Magistrate and to Any Continuing or Ongoing Participation in These Proceedings on Past Referrals filed by James A. Harnage. (Chartier, A.) |
Filing 46
ORDER granting #32 Plaintiff's Motion to Compel Compliance with Court's E-Filing System. ECF. No. 32.A hearing was reconvened to hear the parties regarding Defendants' Compliance with the Court's Standing Order on Prisoner Electronic Filing Program. ECF No. 6. Defendants provided a copy of a new policy, dated January 13, 2026, and log that has gone into effect in response to the issues raised in the Motion to Compel. The Court is satisfied on this showing that the Standing Order is being complied with. Counsel for Defendants stated that this is a good opportunity to remind staff regarding delay and compliance with the Standing Order. The parties are advised that should any issues arise, the appropriate filing would be a Motion to Modify the Standing Order on Prisoner Electronic Filing Program. Signed by Judge Maria E. Garcia on 1/16/26. (Esposito, A.)
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| Filing 45 Minute Entry for proceedings held before Judge Maria E. Garcia: Motion Hearing held on 1/15/2026 re #32 MOTION to Compel filed by James A. Harnage, Status Conference held on 1/15/2026. This hearing was held in conjunction with case number 3:24-cv-01858 (SFR). Total Time: 1 hour and 7 minutes (Court Reporter Courtsmart.) (Santos, S) |
| Filing 44 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM Courtroom 4 Evidentiary Hearing on Plaintiff's Motion to Compel [ECF No. 32] set for 1/15/2026 at 11:30 AM in Courtroom Three, 141 Church St., New Haven, CT before Judge Maria E. Garcia. (Santos, S) |
| Filing 43 Set/Reset Deadlines as to #9 EXPARTE MOTION. Responses due by 2/13/2026 (Lewis, D) |
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Filing 42
ORDER granting #36 Motion for Extension of Time. Plaintiff may file a reply in support of his Motion for a TRO on or before February 13, 2026. Signed by Judge Sarah F. Russell on 1/12/2026. (Lewis, D)
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Filing 41
ORDER re #32 January 15, 2026 Hearing on Plaintiffs' MOTION to Compel Compliance with Court's E-Filing System dated December 9, 2025. ECF No. 32.In this case, Plaintiff is housed at MacDougall-Walker Correctional Institution. On or before January 13, 2026, Defendants will file a copy of the policy regarding the delivery of legal mail to inmates in all of the Connecticut Department of Corrections facilities and a copy of the log(s) currently in use. Signed by Judge Maria E. Garcia on 1/9/26. (Esposito, A.)
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| Filing 40 OBJECTION re #32 MOTION to Compel filed by Jesus Guadarrama, Angel Quiros. (Barry, Steven) |
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Filing 39
ORDER re: #32 January 15, 2026 Hearing on Plaintiff's MOTION to Compel.A hearing is scheduled on January 15, 2026 at 11:30 AM to hear argument on Plaintiff's Motion to Compel Compliance with Court's E-Filing System dated December 9, 2025. ECF No. 32. Defendants failed to file an objection to the motion by December 30, 2025. It is HEREBY ORDERED that, prior to the next hearing Counsel for Defendants will acquaint himself with the STANDING ORDER ON PRISONER ELECTRONIC FILING PROGRAM. ECF No. 10.Any response to the Motion to Compel will be filed by Monday, January 12, 2026.Counselor Roberts will appear at the hearing and be prepared to address the issues raised in the Motion to Compel.On or before Friday, January 9, 2026, Counsel for Defendants will provide to the Judge's law clerk a writ in Word format to assure the appearance of Plaintiff at the hearing.Signed by Judge Maria E. Garcia on 1/7/2026. (Esposito, A.)
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| Filing 38 NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Evidentiary Hearing on Plaintiff's Motion to Compel [ECF No. 32] set for 1/15/2026 at 11:30 AM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Maria E. Garcia. (Esposito, A.) |
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Filing 37
ORDER REFERRING CASE to Magistrate Judge Maria E. Garcia for motion including #32 MOTION to Compel Signed by Judge Sarah F. Russell on 1/5/2026.Motions referred to Maria E. Garcia(Lewis, D)
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| Filing 36 MOTION for Extension of Time to Reply to Defendants' Response to Plaintiff's TRO by James A. Harnage. (Chartier, A.) |
| Filing 35 MOTION for Initial Review Order and Service of Process by James A. Harnage. (Chartier, A.) |
| Filing 34 Amended AFFIDAVIT re #33 Response to Order to Show Cause Signed By Cary Freston MD filed by Jesus Guadarrama, Angel Quiros. (Barry, Steven) |
| Filing 33 RESPONSE TO by Jesus Guadarrama, Angel Quiros filed by Jesus Guadarrama, Angel Quiros. (Attachments: #1 Affidavit Exhibit A)(Barry, Steven) |
| Filing 32 MOTION to Compel Compliance with Court's E-Filing System by James A. Harnage.Responses due by 12/30/2025 (Chartier, A.) |
| Filing 31 Set/Reset Deadlines as to #9 EXPARTE MOTION. Responses due by 12/12/2025 (Lewis, D) |
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Filing 30
ORDER granting #29 Motion for Extension of Time until December 12, 2025 to file Response to Plaintiff's Ex Parte Motion (doc. no. #9 ). Signed by Judge Sarah F. Russell on 12/8/2025. (Lewis, D)
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| Filing 29 MOTION for Extension of Time until December 12, 2025 to file Response to Plaintiff's Ex Parte Motion #9 EXPARTE MOTION by Jesus Guadarrama, Angel Quiros. (Barry, Steven) |
| Filing 28 NOTICE of Appearance by Steven M. Barry on behalf of Jesus Guadarrama, Angel Quiros (Barry, Steven) |
| Filing 27 SUMMONS Returned Executed by James A. Harnage. Jesus Guadarrama served on 11/13/2025, answer due 12/4/2025; Angel Quiros served on 11/13/2025, answer due 12/4/2025. (Chartier, A.) |
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Filing 26
ORDER. The court set a deadline of October 29, 2025 for Defendants to show cause why Plaintiffs request for injunctive relief, ECF No. #9 , should not be granted. ECF No. 11. Defendants have not responded by this deadline. The court sua sponte extends the deadline for Defendants to respond to December 5, 2025.The Clerk is respectfully directed to email a courtesy copy of this Order, return receipt requested, to AAG Rosemary McGovern at [email protected], AAG Lisamaria Proscino at [email protected], and AAG Steven Barry at [email protected]. Signed by Judge Sarah F. Russell on 11/6/2025.(Lewis, D)
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Filing 25
ORDER denying #21 Motion to Meet and Confer. For the reasons stated in the court's prior Order, ECF No. 24, Plaintiff's Motion to Meet and Confer is denied.Signed by Judge Sarah F. Russell on 10/16/2025. (McDonough, J)
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Filing 24
ORDER denying #16 , #17 , #18 , #19 , #20 Motions to Take Depositions and to Meet and Confer. Plaintiff may conduct discoveryincluding by taking depositions where appropriateonly after the court conducts its initial review of the Complaint. 28 U.S.C. 1915A. If any of Plaintiffs claims survive initial review and Plaintiff and defense counsel are unable to reach agreement on discovery matters, Plaintiff may file an appropriate motion seeking relief from the court. To the extent that Plaintiff seeks to confer with Defense counsel regarding this case, Plaintiff does not require leave of court to do so. Plaintiff may instead contact Defense counsel directly after Defense counsel enters an appearance in this case. Signed by Judge Sarah F. Russell on 10/7/2025. (Lewis, D)
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Filing 23
ORDER denying without prejudice #14 , #15 Motion to Meet and Confer. The court ordered service on Defendants in their official capacities in order for Defendants to show cause why Plaintiff's request for injunctive relief should not be granted. ECF No. 10. But that Order does not entitle Plaintiff to take discovery from Defendants. Plaintiff may conduct discoveryincluding by taking depositions where appropriateonly after the court conducts its initial review of the Complaint. 28 U.S.C. 1915A. If any of Plaintiff's claims survive initial review and Plaintiff and defense counsel are unable to reach agreement on discovery matters, Plaintiff may file an appropriate motion seeking relief from the court. Signed by Judge Sarah F. Russell on 10/7/2025. (Lewis, D)
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Filing 22
ORDER RETURNING SUBMISSION. Plaintiff mailed a letter to chambers dated September 17, 2025. The letter is being returned to Plaintiff because any submission seeking action by the court should be marked as a notice or motion and filed through the Prisoner Electronic Filing Program. The Program is the only authorized method of filing documents with the Court. See ECF No. #6 . Signed by Judge Sarah F. Russell on 10/7/2025.(Lewis, D)
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| Filing 21 MOTION: Formal Request to Meet and Confer by James A. Harnage.Responses due by 10/27/2025 (Attachments: #1 Envelope)(Lewis, D) |
| Filing 20 MOTION to Take Deposition from William Mulligan, Daniel Dougherty, Nick Rodriguez, and Commissary Operator Dickey by James A. Harnage. (Attachments: #1 Envelope)(Lewis, D) |
| Filing 19 MOTION to Take Deposition from Aziah Dwan, Ezra Benjamin, Eduardo Santiago, Timothy Quail, and Nigel Bember by James A. Harnage. (Attachments: #1 Envelope)(Lewis, D) |
| Filing 18 MOTION to Take Depositions By Incarcerated Person by James A. Harnage. (Chartier, A.) |
| Filing 17 MOTION for Writs of Habeas Corpus Ad Testificandum by James A. Harnage. (Chartier, A.) |
| Filing 16 MOTION to Take Deposition from Correctional Officer Straukas, Lieutenant Cage, Counselor Supervisor Haye, Correctional Counselor Howard, Lieutenant Parsons and Correctional Counselor Roberts by James A. Harnage. (Chartier, A.) |
| Filing 15 MOTION for Writ of Habeas Corpus ad testificandum and Notices of Deposition by James A. Harnage. (Chartier, A.) Modified on 10/6/2025 to correct Motion type (Chartier, A.). |
| Filing 14 MOTION To Meet and Confer Order and MOTION to Take Deposition of the Defendants by James A. Harnage. (Chartier, A.) |
| Filing 13 USM 285 forms together with Summons, Complaint #1 , Order granting IFP # 10 , Order to Show Cause # 11 , and Motion #9 reviewed and sent to USM for service on defendants, Angel Quiros and Jesus Guadarrama. (Chartier, A.) |
| Filing 12 ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Jesus Guadarrama, Angel Quiros* with answer to complaint due within *21* days. *James A. Harnage #149472* *MACDOUGALL-WALKER CI* *1153 East Street South* *Suffield, CT 06080*. (Chartier, A.) |
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Filing 11
ORDER TO SHOW CAUSE. On or before October 29, 2025, Defendants Angel Quiros and Jesus Guadarrama shall show cause why Plaintiff's request for injunctive relief, ECF No. #9 , should not be granted. See Pagan v. Rodriguez, No. 3:20-CV-00251 (JAM), 2020 WL 3975487, at *8 (D. Conn. July 12, 2020) (noting that Commissioner Quiros and the warden "appear to be the only defendants capable of providing [plaintiff] relief" from handcuffing policy plaintiff sought to enjoin). The Clerk is respectfully directed to prepare a summons form and send an official capacity service packet to the U.S. Marshal Service. The U.S. Marshal Service is directed to effect service of the Complaint, ECF No. #1 ; Plaintiff's Motion for a TRO, ECF No. #9 ; and this Order on DOC Commissioner Quiros and MacDougall-Walker CI Warden Guadarrama in their official capacities at the Office of the Attorney General, 165 Capitol Avenue, Hartford, CT 06106, within twenty-one (21) days from the date of this Order and to file a return of service within thirty (30) days from the date of this order. The Clerk is also directed to email a courtesy copy of this order to AAG Rosemary McGovern at [email protected], AAG Lisamaria Proscino at [email protected], and AAG Steven Barry at [email protected]. Show Cause Response due by 10/29/2025 Signed by Judge Sarah F. Russell on 9/22/2025.(Lewis, D)
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Filing 10
ORDER granting #2 Motion to Proceed In Forma Pauperis. The Prison Litigation Reform Act prohibits incarcerated plaintiffs from filing lawsuits "if the prisoner has, on 3 or more prior occasions... brought an action... that was dismissed on the grounds that it is frivolous, malicious, or fails to state a claim upon which relief may be granted, unless the prisoner is under imminent danger of serious physical injury." 28 U.S.C. 1915(g). This is colloquially known as the "three-strikes" rule. See James v. New York, No. 24-624, 2024 WL 4662980, at *1 (2d Cir. Nov. 4, 2024) (summary order). The court takes judicial notice that Plaintiff is subject to this rule. See Harnage v. Guadarrama, No. 3:24-CV-1858 (SFR), 2025 WL 1332988, at *1 n.1 (D. Conn. May 7, 2025). Thus, Harnage may proceed without prepaying the filing fee only if his suit contends that he is in "imminent danger of serious physical injury." 28 U.S.C. 1915(g); Pettus v. Morgenthau, 554 F.3d 293, 297 (2d Cir. 2009) (holding that "there must be a nexus between the imminent danger a three-strikes prisoner alleges to obtain IFP status and the legal claims asserted in his complaint."). Plaintiff asserts that "the application of a 'Black-Box Restraint System'... during transport of the plaintiff causes a gradual worsening of his injury and extreme pain and suffering to the plaintiff's dominant hand." ECF No. 1, 50. This allegation is sufficient at this stage to plausibly assert an imminent danger of serious physical injury." See McFadden v. Noeth, 827 F. Appx 20, 25 (2d Cir. 2020) (summary order) (incarcerated plaintiff's allegation that he was in "constant pain and suffering" from denial of medical treatment met this standard). Accordingly, Plaintiff is entitled to proceed in forma pauperis despite having had three prior actions dismissed. As such, Plaintiff's motion for leave to proceed in forma pauperis is GRANTED. If you change your address at any time during the litigation of this case, Local Rule 83.1(c)2 provides that you notify the court. Signed by Judge Sarah F. Russell on 9/22/2025. (Lewis, D)
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| Filing 9 EXPARTE MOTION by James A. Harnage. (Attachments: #1 Exhibits, #2 Envelope)(Chartier, A.) |
| Filing 8 Notice of Option to Consent to Magistrate Judge Jurisdiction.(Chartier, A.) (Chartier, A.). |
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Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Sarah F. Russell on 9/8/2025.(Chartier, A.)
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Filing 6
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program Signed by Chief Judge on 6/22/2016.(Chartier, A.)
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Filing 5
Standing Protective Order Signed by Judge Sarah F. Russell on 9/8/2025.(Chartier, A.)
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| Filing 4 Notice: Pursuant to Federal Rule of Civil Procedure 7.1(b), a disclosure statement required under Rule 7.1(a) must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 09/08/2025. (Kelsey, N) |
| Filing 3 Prisoner Trust Fund Account Statement by James A. Harnage. (Kelsey, N) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by James A. Harnage. (Kelsey, N) |
| Filing 1 COMPLAINT against Bassett, Cage, Jean Caplan, Jennifer Cruz, Decateau, Demartino, Jane or John Doe(5), Jane or John Doe(4), Jane or John Doe(2), Jane or John Doe(3), Jane or John Doe(1), Jane or John Doe(6), Daniel Dougherty, Tawanna Furtick, Colleen Gallagher, Greene, Griffin, Grimaldi, Jesus Guadarrama, Haye, Howard, Ikem, Jennifer, Johnson, Leone, Maletz, Mangiafico, William Mulligan, Ortyl, Parsons, Angel Quiros, Roberts, Robledo, Nick Rodriguez, Sanchez, Straukas, Thomas, Rose Walker, filed by James A. Harnage. (Attachments: #1 Envelope) (Kelsey, N) |
| CASE ASSIGNMENT: District Judge Sarah F. Russell assigned to the case. If the District Judge issues an Order of Referral to a Magistrate Judge for any matter other than settlement, the matter will be referred to Magistrate Judge Robert A. Richardson. (Sichanh, C) |
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