Crenshaw v. Department of Corrections et al
| Connecticut District Court | |
| Judge: | Sarah F Russell |
| Referred: | Thomas O Farrish |
| Case #: | 3:24-cv-00439 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Mar 25, 2024 |
Correctional Center
Scanning Program - Cheshire
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Defendant
Angel Quiros
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Defendant
Colleen Frappier
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Defendant
Colleen Gallagher
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Defendant
Department of Corrections
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Defendant
J. Brennan
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Defendant
Jennifer Sanchez
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Defendant
Michelle
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Defendant
Robert Richeson
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Defendant
Stacy
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Defendant
WL Regan
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Defendant
Yesu
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Defendant
Zuckerbraun
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Plaintiff
Darryl Crenshaw
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GPO
Aug 01 2024
INITIAL REVIEW ORDER. This case will proceed on Plaintiff's individual capacity claims for damages against Dr. Yesu, Michelle, Brennan, and Frappier for alleged violations of Plaintiff's Eighth Amendment rights. Plaintiff is instructed to file, on or before August 29, 2024, one amended complaint that encompasses all of his allegations against the staff at Corrigan and Cheshire. See attached for details.The Clerk of Court is asked, respectfully, to please send a courtesy copy of this order to the DOC Office of Legal Affairs and to the Office of the Attorney General. Signed by Judge Omar A. Williams on 8/1/24. (Wagner, R) |
| Docket last updated: 04/23/2025 11:59 PM EDT |
| Wednesday, April 02, 2025 | ||
| 45 | 45
order
Order on Motion for Miscellaneous Relief
Wed 04/02 5:37 PM
ORDER granting44 Motion to Modify Scheduling Order, nunc pro tunc . Discovery and all deadlines set by the court's prior scheduling order, ECF No. 12, are stayed pending disposition of Defendants' Motion to Dismiss. If the court denies the motion to dismiss, it will issue a new scheduling order for this action. Signed by Judge Sarah F. Russell on 4/2/2025. (McDonough, J) |
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| Monday, March 31, 2025 | ||
| 44 | 44
3
pgs
motion
Miscellaneous Relief
Mon 03/31 1:24 PM
MOTION to Modify Scheduling Order re 12 Initial Review Order - Prisoner,,,,,,,,,,,,,,,, to Complete Discovery and to File Motion for Summary Judgment by J. Brennan, Department of Corrections, Colleen Frappier, Michelle, Kelly Wolf, Yesu, Zuckerbraun.Responses due by 4/21/2025 (Garofalo, Frank) |
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| Thursday, March 13, 2025 | ||
| 43 | 43
40
pgs
respm
Memorandum in Opposition to Motion
Fri 03/14 2:55 PM
Memorandum of Law in Opposition re39 Defendant's MOTION to Dismiss Amended Complaint filed by Darryl Crenshaw. (Chartier, A.) |
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| Wednesday, January 22, 2025 | ||
| 42 | 42
order
Order on Motion for Extension of Time to File Response/Reply to Motion
Wed 01/22 4:39 PM
ORDER granting41 Plaintiff's motion for extension of time to file a response to the motion to dismiss. Plaintiff shall file a response on or before April 1, 2025. Signed by District Judge Sarah F. Russell on 1/22/2025. (McDonough, J) |
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utility
Set Motion and Rcmd Ruling Deadlines/Hearings
Thu 01/23 10:46 AM
Reset Deadlines as to39 MOTION to Dismiss Amended Complaint . Responses due by 4/1/2025. (Imbriani, S) |
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| Tuesday, January 21, 2025 | ||
| 41 | 41
motion
Extension of Time to File Response/Reply to Motion
Tue 01/21 3:34 PM
MOTION for Extension of Time to File Response/Reply as to39 MOTION to Dismiss Amended Complaint until 4/1/2025 by Darryl Crenshaw. (Oliver, T.) |
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| 40 | 40
notice
Notice (Other)
Tue 01/21 3:32 PM
Notification by Darryl Crenshaw (Oliver, T.) |
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| Friday, January 10, 2025 | ||
| 39 | 39
motion
Dismiss
Fri 01/10 9:49 PM
MOTION to Dismiss Amended Complaint by Department of Corrections, Yesu, Zuckerbraun, Kelly Wolf, Michelle, J. Brennan, Colleen Frappier.Responses due by 1/31/2025(Garofalo, Frank) |
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Att: 1
29 pgs
Memorandum in Support of Motion to Dismiss,
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Att: 2
8 pgs
Local Rule 12(a) Notice to Pro Se Plaintiff
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| Monday, January 06, 2025 | ||
| 38 | 38
order
Order of Transfer
Mon 01/06 3:34 PM
ORDER OF TRANSFER. Case reassigned to District Judge Sarah F. Russell for all further proceedings. Signed by Clerk on 1/6/2025.(Hushin, Z.) |
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| Monday, December 23, 2024 | ||
| 37 | 37
order
Order on Motion for Extension of Time
Mon 12/23 10:16 AM
ORDER granting ECF No.34 , Motion for Extension of Time. Defendants shall respond to the complaint on or before January 10, 2025. It is so ordered. Signed by Judge Omar A. Williams on 12/23/24. (Wagner, R) |
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utility
Update Answer Deadline
Fri 12/27 5:30 PM
Answer deadline updated for J. Brennan to 1/10/2025; Department of Corrections to 1/10/2025; Colleen Frappier to 1/10/2025; Kelly Wolf to 1/10/2025; Yesu to 1/10/2025; Zuckerbraun to 1/10/2025. (Sichanh, C) |
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| Friday, December 20, 2024 | ||
| 36 | 36
service
Waiver of Service Executed
Fri 12/20 12:10 PM
WAIVER OF SERVICE Returned Executed as to Michelle waiver sent on 10/29/2024, answer due 12/28/2024 filed by Michelle. (Garofalo, Frank) |
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| 35 | 35
notice
Notice of Appearance
Fri 12/20 11:50 AM
NOTICE of Appearance by Frank Joseph Garofalo, III on behalf of Michelle Binezewski, LPC (Garofalo, Frank) |
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| Thursday, December 19, 2024 | ||
| 34 | 34
motion
Extension of Time
Thu 12/19 2:12 PM
MOTION for Extension of Time until January 10, 2025 to file a Responsive Pleading by Department of Corrections, Yesu, Zuckerbraun, Kelly Wolf, J. Brennan, Colleen Frappier. (Garofalo, Frank) |
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| Wednesday, November 27, 2024 | ||
| 33 | 33
order
Order on Motion for Order Order on Motion for More Definite Statement Order on Motion to Strike Order on Motion for Preliminary Injunction Order on Motion to Appoint Counsel
Wed 11/27 11:08 AM
ORDER denying ECF No.9 , Motion for Preliminary Injunction; denying without prejudice ECF No.14 , Motion to Appoint Counsel; granting ECF No.26 , Motion to File Under Seal; denying ECF No.30 , Motion for a More Definite Statement; and denying as moot ECF No.32 , Motion to Strike. Given that Plaintiff has been transferred to a different facility, at which he has been given single-cell status (and the written assurance that he will so remain while housed at that facility, see ECF No. 27-4), the court agrees with Defendants that Plaintiff's motion for a preliminary injunction has been mooted. Plaintiff still may seek permanent injunctive relief via his Americans with Disabilities Act and Rehabilitation Act claims, but the court denies preliminary injunctive relief, for while the Department of Correction ("DOC") conceivably could order Plaintiff's transfer at any time (upon which Mr. Crenshaw "most likely [would] have to go through this process again," id. , in seeking single-cell status), review of the supplied medical records, together with the apparent likelihood that DOC would conduct another assessment before denying Mr. Crenshaw single-cell status at another facility (particularly in light of the safety concerns raised herein), the high standard required to support a preliminary injunction is not now met. As Defendants note, holding otherwise could serve to encourage other inmates to demand single-cell status through their own threats of violence toward others. Defendants' motion to seal certain exhibits (submitted in support of their response to the preliminary injunction motion) is granted. The documents filed at docket entry 28 shall remain under seal until further order of the court. The United States Court of Appeals for the Second Circuit has cautioned district courts against the "routine appointment of counsel." Cooper v. A. Sargenti Co. , 877 F.2d 170, 173-74 (2d Cir. 1989). Thus, in considering whether to appoint pro bono counsel for an indigent litigant, the court must "first determine whether the indigent's position seems likely to be of substance." See Hodge v. Police Officers , 802 F.2d 58, 61 (2d Cir. 1986); see also Cooper , 877 F.2d at 171 ("[C]ounsel is often unwarranted where the [litigants] chances of success are extremely slim."). If the claims are sufficiently meritorious, the court should then consider other factors bearing on the need for appointment of counsel, including the movant's ability to investigate the factual issues of the case, whether conflicting evidence implicating the need for cross-examination will be the major proof presented, the movant's apparent ability to present the case, and the complexity of the legal issues involved. See Hodge , 802 F.2d at 6162. At this early state of litigation, it is not clear that the plaintiff's claims are of sufficient merit to warrant an appointment of counsel. Thus, the court must deny the plaintiff's motion, but the plaintiff is not precluded from filing another motion for appointment at a later time in this matter. Finally, the court denies Defendants' motion for a more definite statement. Though long, the court finds that the amended complaint is more than adequate to apprise Defendants of the claims against them, particularly where the court already has clarified the facts of the case and the claims that will proceed past initial review. In light of this ruling, Plaintiff's motion to strike the motion for a more definite statement hereby is denied as moot. It is so ordered. Signed by Judge Omar A. Williams on 11/27/24. (Wagner, R) |
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| Tuesday, November 26, 2024 | ||
| 32 | 32
motion
Strike
Tue 11/26 10:12 AM
OBJECTION and MOTION to Strike30 MOTION for More Definite Statement by Darryl Crenshaw.Responses due by 12/17/2024 (Imbriani, S) |
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| Thursday, November 07, 2024 | ||
| 31 | 31
notice
Notice (Other)
Thu 11/07 11:04 AM
NOTICE- by Darryl Crenshaw (Imbriani, S) |
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| Monday, November 04, 2024 | ||
| 30 | 30
motion
More Definite Statement
Mon 11/04 3:05 PM
MOTION for More Definite Statement by Department of Corrections, Yesu, Zuckerbraun, Kelly Wolf, J. Brennan, Colleen Frappier.Responses due by 11/25/2024(Garofalo, Frank) |
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Att: 1
Memorandum in Support Memorandum in Support
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| 29 | 29
respm
Reply to Response to Motion
Mon 11/04 9:45 AM
REPLY to Response to9 MOTION for Preliminary Injunction filed by Darryl Crenshaw. (Imbriani, S) |
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| Tuesday, October 29, 2024 | ||
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service
Request for Waiver of Service - Prisoner
Tue 10/29 11:03 AM
REQUEST FOR WAIVER of Service sent to LPC Michele Binezewski on 10/29/2024. Waiver of Service due by 12/3/2024 (Peterson, M) |
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| Wednesday, October 23, 2024 | ||
| 28 | 28
misc
Sealed Document
Wed 10/23 3:59 PM
Sealed Document: Ex. A - Medical Records by J. Brennan, Department of Corrections, Colleen Frappier, Kelly Wolf, Yesu, Zuckerbraun re27 Objection, . (Garofalo, Frank) |
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| 27 | 27
16
pgs
respm
Objection
Wed 10/23 3:56 PM
OBJECTION re9 MOTION for Preliminary Injunction filed by J. Brennan, Department of Corrections, Colleen Frappier, Kelly Wolf, Yesu, Zuckerbraun.(Garofalo, Frank) |
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Att: 1
Exhibit A - Filed Under Seal,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| 26 | 26
3
pgs
motion
Order
Wed 10/23 3:51 PM
MOTION for to File Under Seal Order by J. Brennan, Department of Corrections, Colleen Frappier, Kelly Wolf, Yesu, Zuckerbraun. (Garofalo, Frank) |
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| Wednesday, October 16, 2024 | ||
| 25 | 25
order
Order
Wed 10/16 11:05 AM
ORDER. The court commends Mr. Crenshaw for his diligence and attentiveness to this case, and thanks him for the additional information regarding the one defendant who as yet has not been served. See ECF No.24 . The Department of Correction was unable to identify this defendant based on the information previously provided, and so she could not be served. As Mr. Crenshaw has taken it upon himself (even before being instructed to do so by the court) to provide further information about this defendant, the court hereby asks the Clerk of Court to please reattempt service upon Michele Binezewski, L.P.C. through the normal channels at the DOC Office of Legal Affairs. It is so ordered. Signed by Judge Omar A. Williams on 10/16/24. (Wagner, R) |
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| Friday, October 11, 2024 | ||
| 24 | 24
notice
Notice (Other)
Tue 10/15 10:33 AM
NOTICE by Darryl Crenshaw (Peterson, M) |
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| Friday, October 04, 2024 | ||
| 23 | 23
service
Waiver of Service Executed - Prisoner
Tue 10/08 11:48 AM
WAIVER OF SERVICE Returned Executed as to Zuckerbraun waiver sent on 9/5/2024, answer due 11/4/2024. (Bozek, Michael) |
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| Wednesday, October 02, 2024 | ||
| 22 | 22
order
Order on Motion for Extension of Time
Wed 10/02 4:01 PM
ORDER granting ECF No.19 , Motion for Extension of Time. Defendants shall respond to the motion for preliminary injunction on or before October 23, 2024. The court cautions the defendants that, given the seriousness of the circumstances in this case, additional extensions are unlikely to be granted. It is so ordered. Signed by Judge Omar A. Williams on 10/2/24. (Wagner, R) |
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utility
Set Motion and Rcmd Ruling Deadlines/Hearings
Thu 10/03 11:55 AM
Reset Deadlines as to9 MOTION for Preliminary Injunction: Response due by 10/23/2024. (Velez, F) |
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| Monday, September 30, 2024 | ||
| 21 | 21
service
Waiver of Service Executed - Prisoner
Tue 10/01 9:41 AM
WAIVER OF SERVICE Returned Executed as to Colleen Frappier waiver sent on 9/5/2024, answer due 11/4/2024. (Peterson, M) |
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| Thursday, September 26, 2024 | ||
| 20 | 20
service
Waiver of Service Executed - Prisoner
Fri 09/27 10:43 AM
WAIVER OF SERVICE Returned Executed as to J. Brennan waiver sent on 9/5/2024, answer due 11/4/2024. (Peterson, M) |
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| 19 | 19
motion
Extension of Time
Thu 09/26 5:06 PM
MOTION for Extension of Time to file Response to9 MOTION for Preliminary Injunction by J. Brennan, Department of Corrections, Colleen Frappier, Kelly Wolf, Yesu, Zuckerbraun. (Garofalo, Frank) |
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| 18 | 18
notice
Notice of Appearance
Thu 09/26 4:38 PM
NOTICE of Appearance by Frank Joseph Garofalo, III on behalf of J. Brennan, Department of Corrections, Colleen Frappier, Kelly Wolf, Yesu, Zuckerbraun (Garofalo, Frank) |
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| Monday, September 23, 2024 | ||
| 17 | 17
service
Waiver of Service Executed - Prisoner
Tue 09/24 9:15 AM
WAIVER OF SERVICE Returned Executed as to Yesu waiver sent on 9/5/2024, answer due 11/4/2024. (Peterson, M) |
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| 16 | 16
service
Waiver of Service Executed - Prisoner
Tue 09/24 9:13 AM
WAIVER OF SERVICE Returned Executed as to Kelly Wolf waiver sent on 9/5/2024, answer due 11/4/2024. (Peterson, M) |
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| Friday, September 20, 2024 | ||
| 15 | 15
notice
Notice (Other)
Mon 09/23 1:18 PM
NOTICE of Change of Address by Darryl Crenshaw (Corriette, M.) |
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| 14 | 14
motion
Appoint Counsel
Mon 09/23 12:55 PM
MOTION to Appoint Counsel by Darryl Crenshaw. (Peterson, M) |
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| Thursday, September 05, 2024 | ||
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service
Request for Waiver of Service - Prisoner
Thu 09/05 11:37 AM
REQUEST FOR WAIVER of Service sent to Dr. Daniel Yesu, Supervising Nurse Janine Brennan, LPN Colleen Frappier, Dr. Gail Zuckerbraun, Dr. Kelly Wolf on 9/5/2024. Waiver of Service due by 10/10/2024. (Peterson, M) |
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| Monday, August 26, 2024 | ||
| 13 | 13
4
pgs
order
Order re: Prisoner Case Discovery (Intake)
Mon 08/26 10:43 AM
Standing Order re: Initial Discovery Disclosures Signed by Chief Judge on 11/20/2018. (Peterson, M) |
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| Friday, August 23, 2024 | ||
| 12 | 12
order
Initial Review Order - Prisoner
Fri 08/23 5:07 PM
ORDER. The court thanks Plaintiff for the timely submission of his amended complaint. Therein, he has corrected some, but not all of the deficiencies identified in the courts previous initial review order. See ECF No.10 . Accordingly, the court still will permit the Eighth Amendment claims (under a conspiracy theory and a deliberate indifference theory) for damages to proceed against Defendants Dr. Yesu, Michelle, J. Brennan, and Colleen Frappier in their individual capacities. In addition, the court will allow the same claims to proceed against Defendants Dr. Zuckerbraun (under both theories) and Kelly Wolf (under a deliberate indifference theory only). The court also will allow to proceed claims under the Americans with Disabilities Act and the Rehabilitation Act against the DOC. Finally, the court also will allow to proceed, for further development, a class of one claim of violation of Plaintiff's right to equal protection under the Fourteenth Amendment based upon the alleged different treatment of Plaintiff compared to others, less severely disabled individuals. To the extent Plaintiff attempts to state a claim for deprivation of access to courts, a violation of the First Amendment, a violation of DOC regulation, international law, or PAIMI, the court finds that such claims are not pleaded adequately enough to survive initial review and therefore must be dismissed. Defendants Stacy, Jennifer Sanchez, Angel Quiros, WL Regan, Colleen Gallagher, Natalina, and Reis hereby are dismissed from this action. The court respectfully asks the Clerk of Court to verify the current work address for the remaining defendants with the DOC Office of Legal Affairs, to mail a waiver of service of process request packet containing the amended complaint, ECF No.11 , to them at their confirmed address on or before September 23, 2024, and to report on the status of the waiver request on the thirty-fifth (35th) day after mailing. If Defendants fail to return the waiver request, the Clerk hereby is asked and authorized to make arrangements for in-person individual capacity service by the U.S. Marshals Service on that Defendant, and that Defendant shall be required to pay the costs of such service in accordance with Federal Rule of Civil Procedure 4(d). Further, the court asks the Clerk to please send a courtesy copy of the amended complaint, the initial review order, ECF No.10 , the pending emergency motion for preliminary injunction, ECF No.9 , and this order to the DOC Office of Legal Affairs and the Office of the Attorney General. A response to the motion for preliminary injunction shall be filed on or before September 23, 2024. Defendants shall file their response to the Amended Complaint (either an answer or motion to dismiss) within sixty (60) days from the date the notice of lawsuit and waiver of service of summons forms are mailed to them. If Defendants choose to file an answer, Defendants shall admit or deny the allegations and respond to the cognizable claim recited above. Defendants may also include any and all additional defenses permitted by the Federal Rules. Discovery, according to Federal Rules of Civil Procedure 26-37, shall be completed on or before February 19, 2025. Discovery requests need not be filed with the court. The parties must comply with the District of Connecticut "Standing Order Re: Initial Discovery Disclosures," which will be sent to both parties by the court. That order can also be found at http://ctd.uscourts.gov/administrative-standing-orders. All motions for summary judgment shall be filed on or before April 19, 2025. The court reminds the parties that according to Local Civil Rule 7(a), a nonmoving party must respond to a dispositive motion within twenty-one (21) days of the date the motion was filed. If no response is filed, or the response is not timely, the dispositive motion can be granted absent objection. Finally, the Clerk of Court is asked, respectfully, to place the exhibits docketed at ECF No. 11-1 under seal, as they contain sensitive health information about the plaintiff and a minor child who is a non-party. It is so ordered.(Wagner, R) |
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| Tuesday, August 20, 2024 | ||
| 11 | 11
cmp
Amended Complaint
Tue 08/20 12:59 PM
AMENDED COMPLAINT against J. Brennan, Department of Corrections, Colleen Frappier, Colleen Gallagher, Michelle, Natalina, Angel Quiros, WL Regan, Reis, Jennifer Sanchez, Stacy, Kelly Wolf, Yesu, Zuckerbraun, filed by Darryl Crenshaw. (Peterson, M) |
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Att: 1
Exhibits
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| Thursday, August 01, 2024 | ||
| 10 | 10
order
Initial Review Order - Prisoner
Thu 08/01 9:16 AM
INITIAL REVIEW ORDER. This case will proceed on Plaintiff's individual capacity claims for damages against Dr. Yesu, Michelle, Brennan, and Frappier for alleged violations of Plaintiff's Eighth Amendment rights. Plaintiff is instructed to file, on or before August 29, 2024, one amended complaint that encompasses all of his allegations against the staff at Corrigan and Cheshire. See attached for details. The Clerk of Court is asked, respectfully, to please send a courtesy copy of this order to the DOC Office of Legal Affairs and to the Office of the Attorney General. Signed by Judge Omar A. Williams on 8/1/24. (Wagner, R) |
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| Tuesday, July 23, 2024 | ||
| 9 | 9
motion
Preliminary Injunction
Tue 07/23 1:44 PM
Emergency MOTION for Preliminary Injunction by Darryl Crenshaw. Responses due by 8/13/2024. (Peterson, M) |
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Att: 1
Memorandum of Law in Support,
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Att: 2
Declaration of Darryl Crenshaw,
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Att: 3
Declaration of Plaintiff in Support
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| Monday, April 08, 2024 | ||
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misc
Filing Fee Received
Tue 04/09 10:30 AM
Filing fee received from Charles R. Crenshaw: $ 405.00, receipt number 27DE66MF through pay.gov (Pesta, J.) |
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| Monday, March 25, 2024 | ||
| 8 | 8
misc
Notice of Option to Consent to MJ Jurisdiction (intake)
Wed 03/27 3:46 PM
Notice of Option to Consent to Magistrate Judge Jurisdiction. (Peterson, M) |
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| 7 | 7
1
pgs
order
Order
Wed 03/27 3:45 PM
Standing Order to Litigants Regarding Letters to the Court Signed by Judge Omar A. Williams on 03/25/2024. (Peterson, M) |
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| 6 | 6
order
Electronic Filing Order
Wed 03/27 3:45 PM
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 03/25/2024. (Peterson, M) |
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| 5 | 5
order
Prisoner E-Filing Order (Intake)
Wed 03/27 3:44 PM
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program Signed by Chief Judge on 6/22/16. (Peterson, M) |
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| 4 | 4
order
Standing Protective Order (Intake)
Wed 03/27 3:42 PM
Standing Protective Order Signed by Judge Omar A. Williams on 03/25/2024. (Peterson, M) |
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| 1 | 1
cmp
Complaint
Mon 03/25 4:28 PM
COMPLAINT against J. Brennan, Department of Corrections, Colleen Frappier, Colleen Gallagher, Michelle, Angel Quiros, WL Regan, Robert Richeson, Jennifer Sanchez, Stacy, Yesu, Zuckerbraun, filed by Darryl Crenshaw. (Fanelle, N.) |
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order
Order re: Filing Fee
Mon 03/25 4:30 PM
ORDER: We received your Complaint which has been assigned case number 3:24-cv-00439. In order to proceed, the filing fee or a Motion for Leave to Proceed In Forma Pauperis must be submitted to the Court by 4/24/2024 or the case will be subject to dismissal. Fee information and the Motion for Leave to Proceed In Forma Pauperis form may be found on the Court's website at ctd.uscourts.gov. Dismissal due by 4/24/2024. Signed by Clerk on 3/25/2024. (Fanelle, N.) |
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notice
Notice re: Disclosure Statement
Mon 03/25 4:32 PM
Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement 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 3/25/2024. (Fanelle, N.) |
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utility
Add and Terminate Judges
Tue 03/26 8:32 AM
Judge Omar A. Williams and Judge Thomas O. Farrish added. |
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