Shariff et al v. Allah et al

Shariff et al v. Allah et al

Case Number:	6:2005cv06504
Filed:	September 7, 2005
Court:	US District Court for the Western District of New York
Office:	Rochester Office
Presiding Judge:	Jonathan W. Feldman
Presiding Judge:	Charles J. Siragusa
Nature of Suit:	Prisoner: Civil Rights
Cause of Action:	42 U.S.C. § 1983 Prisoner Civil Rights
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 4, 2019	Filing 213 DECISION AND ORDER granting 172 Motion to Certify Class. After reviewing the third amended complaint and the memoranda of law, the Court concludes that Plaintiffs have met the criteria for class certification under Rule 23. Further, the Court is n ot persuaded that the limitations expressed by Defendants, with the exception of limiting the class to declaratory and injunctive relief, are necessary. Therefore, the Court certifies the following class: "Plaintiffs and all prisoners in the cus tody of the New York State Department of Correctional and Community Supervision who suffer from a mobility disability limiting one or more of the prisoners major life activities and that requires the use of a wheelchair." The Court finds no basis at this juncture to limit the class to only the facilities alleged in the complaint. Accordingly, the Court grants Plaintiffs' motion to certify, ECF No. 172.Signed by Hon. Charles J. Siragusa on 10/4/19. (KAP)

Date Filed

Document Text

October 4, 2019

Filing 213 DECISION AND ORDER granting 172 Motion to Certify Class. After reviewing the third amended complaint and the memoranda of law, the Court concludes that Plaintiffs have met the criteria for class certification under Rule 23. Further, the Court is n ot persuaded that the limitations expressed by Defendants, with the exception of limiting the class to declaratory and injunctive relief, are necessary. Therefore, the Court certifies the following class: "Plaintiffs and all prisoners in the cus tody of the New York State Department of Correctional and Community Supervision who suffer from a mobility disability limiting one or more of the prisoners major life activities and that requires the use of a wheelchair." The Court finds no basis at this juncture to limit the class to only the facilities alleged in the complaint. Accordingly, the Court grants Plaintiffs' motion to certify, ECF No. 172.Signed by Hon. Charles J. Siragusa on 10/4/19. (KAP)

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