Lindsey v. Butler et al
| Anthony Lindsey |
| Sean Butler, Richard Werner, Raymond Kelly, New York City Police Department and City of New York |
| 1:2011cv09102 |
| December 12, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Clinton |
| Unassigned |
| Prison Condition |
| 42 U.S.C. ยง 1983 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
253
OPINION AND ORDER: re: 232 MOTION for Declaratory Judgment filed by Anthony Lindsey, 229 MOTION to Set Aside Verdict. MOTION for New Trial filed by Richard Werner, Sean Butler. For the foregoing reasons, Defendants' motion to se t aside the punitive damages award and for new trial is GRANTED in part and DENIED in part. Specifically, Defendants' motion to vacate the $17,500 punitive damages award against Werner is granted, while the balance of Defendants' motio n is denied. Furthermore, Lindsey's motion for declaratory judgment is DENIED. The Clerk of Court is respectfully directed to terminate the motions, Docs. 229 and 232, and enter judgment in favor of Plaintiff. IT IS SO ORDERED. (Signed by Judge Edgardo Ramos on 12/22/2022) (ama) Transmission to Orders and Judgments Clerk for processing.
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Filing
248
ORDER granting 247 Letter Motion for Extension of Time to File. The extension request is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 7/11/2022) (vfr)
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Filing
246
ORDER: granting 245 Letter Motion for Extension of Time to File. The request for an extension is Granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 6/24/2022) (ama)
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Filing
228
ORDER granting 227 Letter Motion for Extension of Time to File. The application is granted. (Signed by Judge Edgardo Ramos on 3/17/2022) (mml)
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Filing
215
ORDER: NOW THEREFORE IT IS ORDERED that the personnel providing security, on behalf of NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION or the UNITED STATES MARSHAL, shall appear at Court in civilian attire. And as set forth herein. SO ORDERED., ( Jury Selection set for 1/31/2022 at 10:00AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 1/28/2022) (ama)
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Filing
212
ORDER: Please be advised that, based on a new safety protocol that was recently implemented, no one may unmask in the courtroom-even in the HEPA-filter-outfitted witness and attorney boxes-unless they have tested negative for COVID-19 using an approv ed molecular diagnostic test. (Antigen tests are not approved.) If a person will be removing his or her mask on successive days, the person may test on an every-other-day schedule; otherwise, the speaker must test negative on the day of his or her appearance. If a speaker has had a confirmed case of COVID-19 (verified by either a doctor's note or a viral test result) within the prior ninety days, he or she will be exempted from these testing requirements. Confirmation of negative test r esults (or of a prior case of COVID-19) must be provided to the Court through its staff. To be clear: This new policy will be in effect when trial begins on Monday and applies to all witnesses and counsel who intend to speak without a mask. Moreover , counsel should make adequate preparations to comply with these requirements before trial starts. The Court will not delay the start of the proceedings on account of this new policy. And as set forth herein. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/26/2022) (ama)
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Filing
206
ORDER TO: METROPOLITAN CORRECTIONAL CENTER 150 Park Row New York, New York 10007 OR Whatever facility the New York State Department of Corrections and Community Supervision chooses to house Anthony Lindsey, #11-A-2302, that is determined to be clo se to the United States Courthouse, 40 Foley Square, New York, New York, and can detain state prisoners awaiting and participating in civil trials in the Southern District of New York while the Metropolitan Correctional Center, 150 Park Row, New York , New York is closed, pursuant to this Court's Amended Writ of Habeas Corpus Ad Testificandum, dated January 13, 2022 ("CORRECTIONAL FACILITY"): NOW THEREFORE IT IS ORDERED that the METROPOLITAN CORRECTIONAL CENTER or CORRECTIONAL FACILITY accept two (2) sets of trial clothes from Stephanie Spies, Esq. or Steven Shepard, Esq. and deliver them to inmate Anthony Lindsey NYS DOCCS #11-A-2302. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/20/2022) (kv)
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Filing
190
ORDER: On December 9, 2021, the parties were advised that this action was third in line for jury selection on January 31, 2022. Doc. 183. The two other trials previously ahead of this case have been adjourned. Accordingly, jury selection will be held on January 31, 2022 at 10 a.m. Trial will commence immediately after jury selection. IT IS SO ORDERED., ( Jury Selection set for 1/31/2022 at 10:00AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 1/11/2022) (ama)
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Filing
183
ORDER re: 177 Order on Motion for Extension of Time. The Clerk's Office has notified the Court that this case has been placed on the jury trial calendar for January 31, 2022. The case must be trial-ready for that day. The case is third on the list for jury trials for that day. This means that the case will not proceed on January 31, 2022, if either of the other trials scheduled for that date go forward. If the case cannot proceed on the scheduled date, the Court will seek another jury trial date for as soon as possible thereafter. As soon as the Court confirms that the matter will proceed on January 31, 2022, it will inform the parties. It is SO ORDERED. (Ready for Trial by 1/31/2022.) (Signed by Judge Edgardo Ramos on 12/9/2021) (kv)
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Filing
174
ORDER: The Clerk's Office has notified the Court that this case has been placed on the jury trial calendar for November 3, 2021. The case must be trial-ready for that day. The case is third on the list for jury trials for that day. This mean s that the case will not proceed on November 3, 2021, if either of the other trials scheduled for that date go forward. If the case cannot proceed on the scheduled date, the Court will seek another jury trial date for as soon as possible thereafter. As soon as the Court confirms that the matter will proceed on November 3, 2021, it will inform the parties. (As further set forth in this Order.) ( Ready for Trial by 11/3/2021.) (Signed by Judge Edgardo Ramos on 9/13/2021) (cf)
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Filing
173
ORDER granting 172 Letter Motion for Extension of Time to File. Defendants' request for an extension to September 20, 2021 for the parties' joint pre-trial statement is granted. (Signed by Judge Edgardo Ramos on 8/26/2021) (cf)
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Filing
149
ORDER: On December 12, 2011, Anthony Lindsey filed a prose complaint against the City of New York and several individual defendants for constitutional violations under 42 U.S.C. § 1983. Doc. 2. On October 22, 2019, Lindsey was appointed pro bono counsel to conduct discovery on his behalf. Doc. 141. On January 28, 2020, this Court issued an order directing the parties to file a status report at the conclusion of discovery. Doc. 148. The parties have not yet contacted the Court. Accordingly, the parties are directed to submit a joint status report by October 22, 2020. (Signed by Judge Edgardo Ramos on 10/8/2020) (mro)
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Filing
118
ORDER granting in part and denying in part 107 Motion to Compel: Pro se plaintiff Anthony Lindsey brings this action pursuant to 42 U.S.C. § 1983, alleging that Detectives Sean Butler and Richard Werner violated his constitutional rights whe n they forcibly shaved his facial hair over his religious objection during post-arrest questioning on December 16, 2008. Pending before the Court is Plaintiff's motion to compel discovery. Doc. 107. To the extent that Defendants possess relevant information, the Court directs Defendants to respond to interrogatories 1, 2, 4, 5, 8, 11, 12, 14, 16, 19, and document requests 2, 3, 4, 8, 10, 11. Regarding document request 1, which seeks "all documents identified in the preceding interrogat ories," Defendants are only directed to provide documents relating to interrogatories that have been identified as within the scope of discovery for Plaintiff's remaining excessive force claim. Defendants are directed to comply with this order by no later than October 16, 2017. The Clerk of the Court is respectfully requested to terminate the motion, Doc. 107. (Signed by Judge Edgardo Ramos on 9/18/2017) (jwh)
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Filing
68
OPINION AND ORDER: For the reasons set forth above, Plaintiff's motion for reconsideration is DENIED. The Clerk of the Court is respectfully directed to mail a copy of this Opinion and Order to Plaintiff. Furthermore, the Court certifies, pursua nt to 28 U.S.C. § 1915(a)(3), that any appeal from this Opinion and Order would not be taken in good faith; therefore, in forma pauperis status is denied for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). it is SO ORDERED. (Signed by Judge Edgardo Ramos on 4/01/2015) The Clerks Office Has Mailed Copies. (ama)
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Filing
59
OPINION AND ORDER: re: 51 MOTION for Reconsideration re; 50 Memorandum & Opinion (Notice of Motion of Detective Butler's Motion, Pursuant to Local Rule 6.3, for Partial Reconsideration) filed by Sean Butler. For the reasons set forth above, Defendant's motion for partial reconsideration is GRANTED. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 51, and to mail a copy of this Opinion and Order to Plaintiff. Furthermore, the Court cert ifies, pursuant to 28 U.S.C. § 1915(a)(3), that any appeal from this Opinion and Order would not be taken in good faith; therefore, in forma pauperis status is denied for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). SO ORDERED (Signed by Judge Edgardo Ramos on 11/05/2014) The Clerks Office Has Mailed Copies. (ama)
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Filing
50
OPINION AND ORDER re: 41 MOTION to Dismiss the Amended Complaint Pursuant to Fed. R. Civ. P. 12(b)(6). filed by Raymond Kelly, Sean Butler, City of New York. For the reasons set forth above, Defendant's motion to dismiss is GR ANTED in part and DENIED in part. The Clerk of the Court is respectfully directed to terminate the motion, Doc. 41, and to mail a copy of this Opinion and Order to Plaintiff. Furthermore, the Court certifies, pursuant to 28 U.S.C. § 1915(a)(3) , that any appeal from this Opinion and Order would not be taken in good faith; therefore, in forma pauperis status is denied for purposes of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (Signed by Judge Edgardo Ramos on 8/29/2014) (lmb)
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Filing
33
OPINION & ORDER: For the above-stated reasons, Plaintiff's motion to amend the complaint is granted with respect to his First Amendment free exercise claim and his Fourteenth Amendment due process claim, and denied with respect to the remaining claims. Plaintiff shall file and serve his amended complaint within 60 days of the date of this order. The Defendants shall answer or otherwise move with respect to the amended complaint within 30 days of the date of service of the amended complaint. (Signed by Judge Robert W. Sweet on 6/18/2013) (ft)
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