- List of litigation clients J-R
2023aug12
- Johnson and other retired C.O.s
- Lyndon S. JOHNSON
- David Bowhall
- Morris A. Darling
- Leonard Davidow
- Larry Rivenburg
- Kaler: TERRY P. KALER
- Levy: JEFFREY H. LEVY and other parole officers
- Malinowski and Powers: KEITH A. MALINOWSKI and MICHAEL POWERS
- MALOY: Robert S. Maloy
- McPhillips: RICHARD MCPHILLIPS and NYSCOPBA
- Norde: PEDRO A. NORDE
- NYSCOPBA
New York State Correctional Officers and Police Benevolent Association, Inc.
- Names of J-R clients and brief descriptions of their cases
- Johnson and other retired C.O.s
- Introduction
5 former C.O.s' retirement
Attorneys
Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P., Albany
(Thomas D. Latin of counsel)
Johnson v. New York State Department of Correctional Services
8:09-CV-965
Johnson v.
New York State Department of Correctional Services
8:09-CV-965
May 11, 2010
U.S. DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
...
JOHNSON
v.
STATE DEPT. OF CORRECTIONAL SERVICES
NO. 8:09-CV-965 (DNH/RFT).
709 F.Supp.2d 178 (2010)
Lyndon S. JOHNSON
Larry Rivenburg
Morris A. Darling
Leonard Davidow
David Bowhall
Plaintiffs,
v.
NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES
and others,
Defendants
United States District Court, N.D. New York.
April 30, 2010.
Sheehan Greene Carraway, Golderman & Jacques, LLP
Lawrence H. Schaefer, Esq., of counsel
for Plaintiffs
Plaintiffs
Lyndon S. JohnsonLyndon S. Johnson
Larry Rivenburg
Morris A. Darling
Leonard Davidow, and
David Bowhall
("plaintiffs") sue defendants
New York State Department of Correctional Services ("DOCS")
Each plaintiff
retired corrections officers
over twenty-five years of experience working for DOCS
- Five Plaintiff-C.O.s
- David Bowhall
- Introduction
There is an entry on one of our NY pistol permit pages
for someone named:
BOWHALL,DAVID M
birth date
DAVID M BOWHALL 1959-12-11 Watertown NY
DAVID M BOWHALL 1956-06-07 Philadelphia NY
Perhaps one of them is the retired C.O.
- Possible, Recent Address
- Philadelphia
David Martin Bowhall
55-59 years old
phone 315-642-5568
34048 Antwerp St
Philadelphia, NY 13673-4106
...
spokeo.com
34048 Antwerp St Unit 414, Philadelphia, NY
tenant D*** B*** Male 50s [David Bowhall?]
Residents
Ages:-Male:1
Ethnicity:Caucasian
Female:2
Sqft:840
Pets:Yes
Lot:14,600
Year Built:1971
- Watertown
David M Bowhall
50-54 years old
phone 315-782-7027
1365 Cosgrove St
Watertown, NY 13601-4516
...
spokeo.com
1365 Cosgrove St, Watertown, NY
tenant D*** B*** Male 50s [David Bowhall?]
Residents
Ages:27-96
Male:5
Ethnicity:Caucasian
Female:7
Home Value: $120k
Sqft:1,422
Beds:3
Pets:Yes
Lot:8,800
Baths:2
Year Built:1942
- Morris A. Darling
Morris A Darling
55-59 years old
phone 518-943-3467
5 Cottontail Ln
Catskill, NY 12414-1930
...
5 Cottontail Ln, Catskill, NY
tenant M*** D*** male 50s [Morris Darling?]
Residents
Ages:56-59
Male:1
Ethnicity:Caucasian
Female:1
Home Value: $86k
Sqft:1,144
Beds:3
Pets:-
Lot:13,068
Baths:2
Year Built:1982
- Leonard Davidow
- Introduction
There is an entry on one of our NY pistol permit pages
for someone in Rochester:
DAVIDOW,LEONARD,A
50 DRAKE DRIVE,ROCHESTER,NY,14617
[possible telephone number is below]
birth date
LEONARD A DAVIDOW 1945-08-26 Rochester NY
LEONARD H DAVIDOW 1919-06-19 Rochester NY
- Address
Leonard A Davidow
65+ years old
phone 585-544-4333
[Information about this number is several lines below.]
201 Coronado Dr
Rochester, NY 14617-4442
[Leonard & Nancy Davidow
(585) 544-4333
50 Drake Dr [same as pistol address, above]
Rochester, NY 14617
Carrier: Landline from Frontier Telephone Of Rochester Inc]
- Lyndon S. JOHNSON
- Introduction
This person seems to be a woman.
There is an entry on one of our NY pistol permit pages
for someone in zip code 12918:
JOHNSON,LYNDON,S
26 PORKY RYAN ROAD
CODYVILLE [sic],NY,12918
The entry above is from our 2010 copy of the New York State
pistol permit master database.
Some information in the database is wrong.
For example, we think that the town above should be
Cadyville, not Codyville.
- Address
- locatefamily.com
Cadyville
26 Porky Ryan Road
Johnson Lyndon
518-293-8595
Cadyville
26 Porky Ryan Road
Lyndon Johnson
518-293-8112
- Spokeo
26 Porky Ryan Rd, Cadyville, NY
tenant L*** J*** female 50s [Lyndon S. Johnson?]
Residents
Ages:50 - 59
Male:5
Ethnicity:Caucasian
Female:5
Home Value: $150k
Sqft:1,664
Beds:3
Pets:-
Lot:370,260
Baths:2
Year Built:1987
- Larry Rivenburg
- Introduction
We don't know if this retired, NY DOCCS C.O. is a Texas C.O.:
RIVENBURG JR; LAWRENCE; J
C.O. V; 1932; 34257.24; 1026.86; 37216.1; 47406; 696; DeptCrimJustc
- Pistol Permit
Our 2010 copy of the New York State pistol permit master database
has an entry for someone named:
RIVENBURG,LARRY,W
73 GLENDALE ROAD
LATHAM,NY,12110
- Address
whitepages.com
Larry J Riverburg Norwich, NY
Larry Riverburg Latham, NY [see pistol permit address, above]
...
Latham
73 Glendale Road
Larry Rivenburg
518-785-0841
- Kaler: TERRY P. KALER
- Court
C.O. disability
Kaler v. DiNapoli, 511702
Appellate Division, Third Department
August 1, 2011
Correction officer not entitled to disability
...
86 A.D.3d 898 (2011)
928 N.Y.S.2d 785
2011 NY Slip Op 6068
In the Matter of
TERRY P. KALER, Petitioner,
v.
THOMAS P. DiNAPOLI,
as Comptroller of the State of New York, et al., Respondents.
511702.
Appellate Division of the Supreme Court of New York, Third Department.
Decided July 28, 2011.
- Levy: Jeffrey H. Levy and other parole officers
- Introduction
Jeffrey H. Levy
warrant and transfer officer, Parole Divison
- Court Case
Matter of Levy v State of New York
Dept. of Civ. Serv. 2007 NY Slip Op 27512 [18 Misc 3d 519]
December 14, 2007
Supreme Court, Albany County
Published by New York State Law Reporting Bureau
In the Matter of
Jeffrey H. Levy et al., Petitioners,
v
State of New York, Department of Civil Service, et al., Respondents.
Supreme Court, Albany County
December 14, 2007
...
APPEARANCES OF COUNSEL
Andrew M. Cuomo, Attorney General, Albany
[Cuomo later became governor.]
(Jeffrey P. Mans of counsel), for respondents.
Sheehan Greene Carraway Golderman & Jacques LLP, Albany
(Erin N. Walsh of counsel), for petitioners.
...
{**18 Misc 3d at 520}
OPINION OF THE COURT
The individual petitioners hold the position of
warrant and transfer officer
within the New York State Division of Parole.
- MALINOWSKI: Keith A. Malinowski
2022nov25
- Introduction
Malinowski worked at Albion CF.
DoCCS discriminated against him because of his sex.
He thought that the discrimination was illegal.
He unsuccessfully complained to a state agency.
He sued in trial court.
Judge Hartman decided against him in 2016.
He appealed.
He lost his appeal in 2018.
We provide the appeal court's opinion.
- Trial Court Case in Albany
Albion Correctional Facility 2009
14 June 2016 in trial court
Lippes firm
Judge Hartman in trial court
Malinowski
(and Michael Powers, as NYSCOPBA President)
v
New York State Div. of Human Rights
2016 NY Slip Op 26473 [58 Misc 3d 926]
June 14, 2016
Hartman, J.
Supreme Court, Albany County
(This court,
despite "Supreme" in its name,
is not the highest court in the state.)
.....
Keith A. Malinowski, Petitioner,
v
New York State Division of Human Rights et al., Respondents
.....
Lippes Mathias Wexler Friedman LLP, Albany (Lawrence H. Schaefer of counsel), for petitioners.
Caroline J. Downey,
General Counsel, Bronx,
for New York State Division of Human Rights,
respondent.
Eric T. Schneiderman,
Attorney General, Albany
(Rachel Maman Kish of counsel),
for
Department of Corrections and Community Supervision,
respondent.
.....
Keith Malinowski, a correction officer (C.O.) at Albion Correctional Facility
Department of Corrections and Community Supervision (DOCCS)
- Results of Litigation
- Events in court
Two petitioners sued the state government in trial court.
The government won.
Both petitioners appealed.
The government won.
- Parties
The respondents (in trial court and in appeal court) defeated the petitioners-appellants.
- Attorneys
As far as we know:
Rachel Maman Kish
before the appeal case,
and Michael K. Swirsky and Laura Etlinger in the appeal case,
defeated Lawrence H. Schaefer..
- Post-Albion Work Place
- 2021
DoCCS discriminated against him in Albion prison.
He later worked in Elmira CRC prison.
Malinowski, Keith A
DoCCS
ELMIRA CRC in 2021
gross $175,199;
Corr Officer
base pay $74,191
- 2020
Malinowski, Keith A DoCCS gross $162,650
Elmira Correctional & Recep Ctr
Corr Officer
annual base pay $68,238
2020
- Background
Albion Correctional Facility
3595 State School Road
Albion, NY 14411-9399
(585) 589-5511
Albion is in Orleans County, in west New York State,
not far from Rochester and Buffalo.
Keith Malinowski
age 50 in early August 2021
tonawanda ny
lockport ny
buffalo ny
Tonawanda
ZIP code 14150
Area code 716
Lockport
ZIP codes 14094 and 14095
Area code 716
- Robert T. Malinowski, C.O.
Do not confuse Keith Malinowski
with Robert Malinowski
MALINOWSKI, ROBERT T;
CORR OFFICER;
50,595.00; ANN;
Rome; 11-Jan-99;
10440 Oneida Correctional Facility.
- Spokeo web site
Below is some information from the Spokeo web site,
edited by us.
- Possible Address History
Keith A Malinowski, Age 50 (in early August 2021)
Current Address:
? Emery Run
Rochester, NY
Past Addresses: Buffalo NY, Rochester NY
Phone Number: (716) 208-????
Email Address:
?@rochester.rr.com
Wireless
(716) 208-????
Buffalo, NY
AT&T Mobility
Wireless
(917) 291-????
New York, NY
T-Mobile
email
?@rochester.rr.com
email
?@juno.com
ADDRESS HISTORY
? Emery Run
ROCHESTER, NY 2013-2019
This 2,440 square foot home is the last known address for Keith.
apartment
? Highland Pkwy
BUFFALO, NY 2012-2019
Keith departed this apartment in 2019.
apartment
? Stowell Dr
ROCHESTER, NY 2013-2018
Keith left this apartment in 2018.
apartment
? Park Lane Cir
LOCKPORT, NY 2012-2018
Keith moved out of this apartment in 2018.
FAMILY MEMBERS
We (Spokeo) found relatives for Keith.
M
E
J
M
Maryann Malinowski
FEMALE AGE 78
Keith has resided with Maryann in a single family house in Tonawanda, NY.
Eugene Malinowski
MALEAGE 77
Keith has lived in Tonawanda, NY in a single family house with Eugene.
Janine Malinowski
FEMALE AGE 53
Keith has resided with Janine in a single family house in Tonawanda, NY.
Mark Malinowski
MALE AGE 56
Keith and Mark have lived together in a single family house in Tonawanda, NY.
- Internet Accounts
We (Spokeo) found Facebook and 80 more accounts.
Facebook
EMAIL MATCH
googleplus
Google+
EMAIL MATCH
MySpace
EMAIL MATCH
Amazon
EMAIL MATCH
- Age Note
In this Spokeo section, the ages
are as of early August 2021.
- MALOY: Robert S. Maloy
2024feb28
- Appeal in AD3
our main source nycourts.gov
2020 NY Slip Op 06830
[188 AD3d 1428]
November 19, 2020
AD3 (Appellate Division, Third Department)
In the Matter of Robert Maloy,
Appellant,
v
New York State Department of Corrections and Community Supervision,
Respondent.
Lippes Mathias Wexler Friedman LLP, Albany
(Thomas D. Latin of counsel),
for appellant.
Letitia James, Attorney General, Albany
(Sarah L. Rosenbluth of counsel),
for respondent.
Garry, P.J.
Appeal from a judgment of the Supreme Court
(Koweek, J.), entered May 22, 2019
in Albany County
__________
Petitioner worked as a correction officer at Five Points
Correctional Facility on October 25, 2017.
He was injured on the job during an altercation
with a conbative prisoner.
Maloy got only one year of disability pay.
He wanted two years.
He got only one year because of a decision that his
disability was not from an assault.
He sued in state, trial court bur lost.
He appealed to AD3 (a state, appeal court) but lost.
- Result
The state government defeated one of its emplöyees.
DoCCS defeated Robert S. Maloy.
The A.G.'s Sarah L. Rosenbluth deeated
Lippes Mathias's Thomas D. Latin.
- Employment
- 2020
Maloy, Robert S; 2020; $1,071 gross pay; C.O.; annual pay rate $66,898
Notice his tiny gross pay from DoCCS in 2020.
The gross is for the entire year 2020
Five Points
Correctional Facility
6600 State Route 96
Caller Box 400
Romulus, Seneca County, NY, 14541
(607) 869-5111.
- 2019
openpayrolls.com
Robert S Maloy
Correctional Officer
State of New York
He held one job from 2015 to 2019.
One of the most recent records in 2019 lists a job of
Correctional Officer and a pay of $63,043.
[Is $63,043 base pay assuming full-time work for a year,
or is it gross?]
We think, but are not certain, that C.O. Robert S. Maöoy
is AD3 appellant Robert Maloy.
- Hone
2024feb28
recent address
nuwber.com
Robert S Maloy
11 Canoga St, Seneca Falls, NY 13148
(315) 712-4335
past towns
spokeo.com
Robert S Maloy, 40
Seneca Falls, NY.
Lived in Romulus NY, Antwerp NY, Greenwood Lake NY
mylife.com
Robert S Maloy
40
Seneca Falls, NY
$20 - $29,999 Net Worth
- MCPHILLIPS: Richard McPhillips
- Introduction
2022mar23
The state government required wearing of face masks
by some employees
to retard transmission of influenza.
There seem to have been at least three cases
as a result.
There was a petition.
The petitioners lost in 2014.
The petitioners appealed.
They lost the appeal in 2016.
The appeal court issued an opinion
which refers to a third case
which the court wrote was off-calendar.
Below, we provide a little information
about the petition and the appeal.
- Judge Elliott Court Case in Albany
judgment entered July 30, 2014
Supreme Court
Judge Elliott III
The judgment dismissed the petitioners'
case.
Richard McPhillips and the other petitioners lost.
We guess that the Sheehan firm
represented the petitioners.
- Appeal Case in Albany
Richard McPhillips works at
Mid–Hudson Forensic Psychiatric Center.
521067
Calendar Date: February 11, 2016
Decided: April 07, 2016
Sheehan firm
This case is an appeal
from the Judge Elliott case above.
NYSCOPBA and Richard McPhillips
lost that case and this one, we think.
Attorney Levine
of the NYS AG
defeated attorney Schaefer
of the Sheehan firm.
.....
Supreme Court, Appellate Division,
Third Department
New York.
IN RE:
NEW YORK STATE CORRECTIONAL OFFICERS AND
POLICE BENEVOLENT ASSOCIATION, INC., et al.,
Appellants,
v.
NEW YORK STATE OFFICE OF MENTAL HEALTH et al.,
Respondents.
521067
Decided: April 07, 2016
Before: Garry, J.P.,
Egan Jr.,
Lynch,
Devine
and Clark, JJ.
Sheehan Greene Golderman & Jacques, LLP,
Albany
(Lawrence H. Schaefer of counsel),
for appellants.
Eric T. Schneiderman, Attorney General,
Albany
(Allyson B. Levine of counsel),
for respondents
.....
MEMORANDUM AND ORDER
Calendar Date:
February 11, 2016
Appeal from a judgment of the
Supreme Court
(Elliott III, J.), entered July 30, 2014
in Albany County,
which dismissed
petitioners' application
Petitioner NYSCOPBA
represents certain personnel
at psychiatric centers operated by respondent
Office of Mental Health (OMH).
Petitioner Richard McPhillips works at Mid–Hudson Forensic Psychiatric Center.
In 2014, Supreme Court dismissed the petition
and petitioners appeal.
OMH's regulation: mandatory mask-wearing
to prevent influenza transmission
Here, petitioners challenged the permanent regulation
by commencing a separate special proceeding
in Supreme Court,
which has been marked off the court's calendar
pending the outcome of this appeal;
petitioners contend
that the mandatory mask-wearing requirement is arbitrary and capricious
[OMH] is entitled to a high degree of judicial deference.
Egan Jr., Lynch, Devine
and Clark, JJ., concur.
ORDERED
that the judgment is affirmed, without costs.
.....
McPhillips and the other appellants lost.
The state government won.
- NORDE: Pedro A. Norde
- Introduction
There's a state, court case
and a federal, court case.
- State Court
- Introduction
2022nov25
Pedro A. Norde, a DoCCS C.O., was accused of:
- a few dozen, unauthorized phone contacts (in which he used his personal cell phone) with former prisoners, and
- false statements to investigators.
We do not know the sex of the former prisoners
whom he was accused of being in
contact with by telrphone.
At the time of the supposed cantacts,
he worked in Taconic C.F., a women's prison in Westchester County.
There was arbitration.
The arbitrator found Norde guilty of
false statements but not of unauthorized phone contacts.
There was a trial in state court.
DoCCS appealed.
Attorney Thomas Daniel Latin represented Norde in the appeal.
Latin died in June 2021 during the appeal.
AD3, a state court, decided the appeal the day after Latin's death.
We have the full text of AD3's opinion.
AD3 decided for DoCCS.
- Result of DoCCS's appeal to AD3
Government employer DoCCS won.
Employee Norde and union NYSCOPBA lost.
Appellant DoCCS won. The appeal court
respondents (Norde and NYSCOPBA) lost.
Letitia Jame (Attorney General, Albany)
and attorney Joseph M. Spadola won.
Lippes Mathias Wexler Friedman (LLP, Albany)
and attorney Thomas Daniel Latin lost.
- Federal case
2022dec13
Norde was a party in state court in 2020.
This was a civil case, not a criminal one.
We describe that case above.
In federal court in Manhattan, he
was accused of raping a female prisoner
at Taconic prison in 2018.
Taconic is a prison for women.
NYSCOPBA was not a party in that case.
We think that Lippes was not a law firm in that case.
dockets.justia.com
Stone #1 et al v. Annucci et al
Case Number:
1:2020cv01326
Filed: February 14, 2020
Court: US District Court for the Southern District of New York
[at Foley Square, in south Manhattan]
Nature of Suit: Prisoner: Civil Rights
Cause of Action:
42 U.S.C. § 1983
filed
February 14, 2020
(Filing Fee $400.00
Receipt Number 465401254658)
CASE REFERRED TO Judge Ronnie Abrams
as possibly related to
16-cv-1473. (jgo)
February 14, 2020
- Taconic C.F.
2022dec27
There were state court cases
(trial court and appeal)
and a federal, trial court case.
He was accused of misconduct while
working at Taonic C.F.
Taconic is a women's prison in Westchester County.
250 Harris Road Bedford Hills, NY 10507-2497
phone (914) 241-3010
- DoCCS Officer
2022dec26
Norde, Pedro A in 2019
DDoCCS Taconic CF
gross $39,707
Corr Officer
Annual Base Pay $71,308
The 2019 gross at Taconic is far less than the base.
We don't know why.
His gross usually was fR higher.
In 2016, he worked at Queensboro C.F.
His gross there was $87,584.
- Linkedin
2022dec12
As you read below, notice the overlap
between when he was a Marine and when he worked for DoC.
linkedin.com
-----
New York, New York, United States
age 61
[If he was 61 in December 2022,
he was born in about 1961.]
New York City Technical College
New York State Department of Corrections
Jul 1999 - Present 23 years 6 months
[He claims to have started working for Department of Corrections
in July 1999.]
U.S. Marine Corps
Nov 1991 - Oct 1999
8 years
[He claims to have left the Marine
Corps in October 1999.
He claims to have started working for SoC in July 1999.
If he's right, he simultaneously worked for DoC and the Marine Corps
in August and September 1999.]
- NYSCOPBA
- Introduction
New York State Correctional Officers Police Benevolent Association, Inc.
The Lippes-Sheehan law firm represented this union in court cases.
- A few examples from Google search
- Matter of
New York State Correctional Officers Police Benevolent Assn., Inc.
(New York State Dept. of Civ. Serv.)
New York Law Journal
12/31/2009
J., Mercure, Spain, Lahtinen and Kane, JJ.
Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P., Albany
(Lawrence H. Schaefer of counsel)
- New York State Correctional Officers and Police Benevolent Assoc. Inc.
v.
New York State Dept. of Civil Svce
507394
New York Law Journal
01/11/2010
APPELLATE DIVISION THIRD DEPARTMENT
Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P., Albany
(Lawrence H. Schaefer of counsel)
- Matter of
New York State Correctional Officer Police Benevolent Assn., Inc.
v
New York State Dept. of Correctional Servs.
New York Law Journal
10/29/2009
Rose, Lahtinen, Kane and Malone Jr., JJ.
Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P., Albany
(Lawrence H. Schaefer of counsel)
- Matter of
New York State Correctional Officers Police Benevolent Assn. Inc.
(State of New York)
New York Law Journal
03/20/2008
Peters, Carpinello, Rose and Malone Jr., JJ.
Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P., Albany
(Edward J. Greene Jr. of counsel)
- Bell: Randy R. Bell
2022apr5
- Introduction
main source
Dockets.Justia.com
Bell was a C.O. at Riverview Correctional Facility
and a member of NYSCOPBA.
A dispute arose over overtime.
He filed grievances.
In federal court, he sued the union
and other defendants.
He had federal law causes of action and
state law causes of action.
He represented himself.
He did not have a lawyer in that case.
The Lippes firm's Thomas D. Latin represented
the union set of defendants.
Bell lost on the federal law causes of action.
The court refused to decide the
state law causes of action.
In crude summary,
Bell lost this court case.
- Federal court case
Bell
v.
New York State Department of Corrections and Community Supervision
et al
Doc. 62
Case 1:17-cv-00937-DNH-CFH Document 62
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
------- - - - - - - - - - - - - - - - - - --------
Filed 03/22/19
Page 1 of 31
RANDY R. BELL,
Plaintiff,
-v-
NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION;
NEW YORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION INC.;
ANTHONY ANNUCCI;
MIKE POWERS;
GREG FREDERICKS;
JIM BLEU;
TERRY PIKE;
KEVIN ALDOUS;
MICHAEL CALDWELL;
CALVIN RABSATT;
BRIAN MCAULIFFE;
MIKE SOVIE;
MICHELE O'GORMAN;
JAMES BELL;
SCOTT CLARY;
STEVE GARABRANDT;
TONY HARPER; CARL HEWKO;
TOM PATNODE;
and PATRICK GRAY,
Defendants.
------- - - - - - - - - - - - - - - - - - --------
APPEARANCES:
RANDY R. BELL
Plaintiff pro se
5668 Eloise Cr.
P.O. Box 584
Osgoode, Ontario K0A 2W0
(Canada?)
HON. LETITIA JAMES
Attorney General for the State of New York
HELENA O. PEDERSON, ESQ.
Ass't Attorney General
Attorney for State Defendants
The Capitol
Albany, NY 12224
LIPPES MATHIAS WEXLER FRIEDMAN LLP
THOMAS D. LATIN, ESQ.
Attorney for NYSCOPBA Defendants
54 State St., Suite 1001
Albany, NY 12207
No. 1:17-CV-937
Dockets.Justia.com
Case 1:17-cv-00937-DNH-CFH
Document 62
Filed 03/22/19
Page 2 of 31
DAVID N. HURD
United States District Judge
MEMORANDUM-DECISION and ORDER
I. INTRODUCTION
Pro se plaintiff Randy R. Bell
("plaintiff" or "Bell")
filed this civil action on August 24, 2017,
alleging various federal and state claims related to
the alleged unfair distribution of overtime assignments
by
his employer,
Riverview Correctional Facility ("RCF").
He brings suit against various entities,
New York State correctional officers, supervisors, and
administrators, and union members.
In total, the complaint includes
twelve causes of action
against twenty defendants.
Defendants include:
New York State Department of Corrections and Community Supervision ("DOCCS");
New York State Correctional Officers and
Police Benevolent Association Inc. ("NYSCOPBA");
Anthony Annucci ("Annucci")Acting Commissioner of the New York State
Corrections and Community Supervision;
Mike Powers ("Powers"), Former RCF Corrections Sergeant and present
NYSCOPBA Executive President;
Greg Fredericks ("Fredericks"),
RCF Corrections Officer and local
NYSCOPBA Union President (retired);
Jim Bleu ("Bleu"), RCF Corrections Officer and local NYSCOPBA
Union President (resigned);
Terry Pike ("Pike"),
RCF Corrections Officer and local NYSCOPBA Union President (resigned);
Kevin Aldous ("Aldous"),
RCF Corrections Officer and local NYSCOPBA Union President
(current);
Michael Caldwell ("Caldwell"),
RCF Deputy Superintendent of Security;
Calvin Rabsatt ("Rabsatt"),
Superintendent of RCF (retired);
Brian McAuliffe ("McAuliffe"),
current Superintendent of RCF;
Mike Sovie ("Sovie"), RCF Corrections Sergeant and NYSCOPBA union member;
Michele O'Gorman ("O'Gorman"),
New York State Labor Relations Deputy Director;
James Bell ("J. Bell"),
RCF Corrections Officer and local NYSCOPBA union
representative;
Scott Clary ("Clary"), Former RCF
Corrections Sergeant and current Corrections Lieutenant;
Steve Garabrandt ("Garabrandt"),
RCF Corrections Sergeant and local NYSCOPBA union representative
for the Sergeants;
Tony Harper ("Harper"),
RCF Corrections Officer and NYSCOPBA union member;
Carl Hewko ("Hewko"),
RCF Corrections Officer and NYSCOPBA union member;
Tom Patnode ("Patnode"),
RCF Corrections Sergeant and NYSCOPBA union member;
and
Patrick Gray ("Gray"),
RCF Corrections Officer and NYSCOPBA union member
(collectively "defendants").
Defendants can be grouped into two sets:
(1) the "NYSCOPBA defendants,"
represented by Thomas D. Latin, Esq.
of Lippes Mathias Wexler Friedman LLP,
and
(2) the "State defendants,"
represented by Helena O. Pederson, Esq.
of the New York State Attorney General's Office.
The NYSCOPBA defendants include:
NYSCOPBA, Powers, Fredericks,
Bleu, Pike, Aldous, Harper, and Hewko.
The NYSCOPBA defendants collectively moved
under
Federal Rule of Civil Procedure ("Rule") 12(b)(1) & (6)
seeking to dismiss plaintiff's complaint in its entirety
for failure to state any claims upon which relief could be granted.
Thereafter, the State defendants collectively moved
under Rule 12(b)(1) & (6) seeking to dismiss
plaintiff's complaint in its entirety for failure to state any claims
upon which relief could be granted.
Plaintiff opposed both motions and
separately moved to amend his complaint.
Both sets of defendants opposed plaintiff's motion to amend.
Page 5 of 31
II. BACKGROUND4
plaintiff was a correctional officer
employed by DOCCS,
at RCF.
He is a member of NYSCOPBA,
which is the certified bargaining representative
for the Security Services Unity of New York State employees,
which includes all correctional officers and correctional sergeants
employed by DOCCS.
Bell asserts that in 2013, he proposed an overtime assignment scheme
to be used at RCF.
Instead, RCF management, union representatives, and "corrupt officers"
prevented the overtime proposal from
being implemented by influencing a union vote.
Bell filed two contract grievances with NYSCOPBA.
DOCCS denied the grievances.
4
Page 6 of 31
NYSCOPBA then advised plaintiff that it would
not further pursue the grievances on his behalf
Plaintiff also filed
three complaints with the New York
State Public Employment Relations Board
- 13 -
Page 14 of 31
- 15 -
Page 16 of 31
- 16 -
Page 17 of 31
- 17 -
Page 18 of 31
Page 19 of 31
(With regard to Bell's
14th amendment, equal protection claims)
Bell has failed to allege that he is in a protected class.
V. CONCLUSION
Therefore, it is
ORDERED that
1. Plaintiff Randy R. Bell's motion to amend,
ECF No. 45, is GRANTED
and the
amended complaint accepted for review;
2. The NYSCOPBA defendants' motion to dismiss,
ECF No. 26, pursuant to Rule
12(b)(1) & (6)
is GRANTED in part
and DENIED in part as moot;
3. The State defendants' motion to dismiss,
ECF No. 37,
pursuant to Rule 12(b)(1) &
(6)
is GRANTED in part
and DENIED in part as moot;
4. Defendants' motions to dismiss are GRANTED as to
all federal claims in the
amended complaint
and
those claims DISMISSED including:
a. the third cause of action
b. the fifth and sixth causes of action
c. the fifth, sixth, and eighteenth causes of action to
the extent they allege due process violations;
d. the tenth and thirteenth causes of action
e. the twelfth cause of action
f. the fourteenth cause of action
to the extent it alleges a Title VII violation;
g. the eighteenth cause of action alleging
violations of 18 U.S.C. §§ 641, 653, and 654; and
h. the nineteenth cause of action alleging a FLSA violation;
5. Defendants' motions to dismiss are DENIED
without prejudice
as to all state law claims in the amended complaint;
6. Supplemental jurisdiction is DECLINED
over all state law claims
7. The Clerk is directed to enter judgment
accordingly and close the file.
Dated: March 22, 2019
Utica, New York.
IT IS SO ORDERED
- Sone defendants in the Bell-NYSCOPBA, federal case
2022apr17
Read skeptically and verify.
- Kevin Aldous
There was a defendant:
Kevin Aldous, RCF Corrections Officer
and local NYSCOPBA Union President
(current).
There was an NYS C.O.:
ALDOUS, KEVIN; CORR OFFICER;
50,595.00; ANN; Ray Brook; 4-Jan-00;
10230 Adirondack Correctional Fac.
- James Bell
Defendant:
James Bell, RCF Corrections Officer
and local NYSCOPBA union
representative
NYS C.O.:
BELL, JAMES E; CORR OFFICER;
53,320.00; ANN; Ogdensburg; 9-Sep-96;
10570 Riverview Correctional Fac
Pistol Permits were issued to:
BELL, JAMES E
BELL, JAMES EDWARD.
The C.O. and the permittee may be different people.
- Jim Bleu
Defendant:
Jim Bleu, RCF Corrections Officer
and local NYSCOPBA
Union President (resigned).
- Scott Clary
Defendant:
Scott Clary, Former RCF
Corrections Sergeant
and current Corrections Lieutenant
Sergeant:
CLARY, SCOTT M; CORR SERGEANT;
62,869.00; ANN; Ogdensburg; 4-Sep-89;
10350 Ogdensburg Correctional Fac
- Greg Fredericks
Defendant:
Greg Fredericks,
RCF Corrections Officer and
local NYSCOPBA Union President (retired).
NYS C.O.:
FREDERICKS, GREGORY J; CORR OFFICER;
55,718.00; ANN; Ogdensburg;
12-Jun-89; 10570 Riverview Correctional Fac.
- Steve Garabrandt
Defendant:
Steve Garabrandt,
RCF Corrections Sergeant
and local NYSCOPBA union representative
for the Sergeants
- Patrick Gray
Defendant:
Patrick Gray, RCF Corrections Officer and
NYSCOPBA union member
There is a C.O. named:
GRAY, PATRICK W; CORR OFFICER;
50,595.00; ANN; Malone; 4-Jan-00;
10530 Franklin Correctional Facility
- Tony Harper
Defendant:
Tony Harper,
RCF Corrections Officer
and NYSCOPBA union member
C.O.:
HARPER, ANTHONY K; CORR OFFICER;
55,718.00; ANN; Ogdensburg; 12-Jun-89;
10570 Riverview Correctional Fac
- Carl Hewko
Defendant:
Carl Hewko,
RCF Corrections Officer
and NYSCOPBA union member
C.O.:
HEWKO, CARL A; CORR OFFICER;
59,043.00; ANN; Ogdensburg; 1-Dec-86;
10570 Riverview Correctional Fac
Pistol Permittee:
HEWKO,CARL,A (1.5 MB file),
508 MORRIS ST,
OGDENSBURG,NY,13669
The defendant, the C.O., and
the permittee may be different people.
- Tom Patnode
Defendant:
Tom Patnode,
RCF Corrections Sergeant
and NYSCOPBA union member
C.O.:
PATNODE, THOMAS J; CORR SERGEANT;
69,510.00; ANN; Ogdensburg; 15-Nov-82;
10570 Riverview Correctional Fac
- Terry Pike
- Defendant
Terry Pike,
RCF Corrections Officer
and local NYSCOPBA Union President (resigned).
- C.O.
NYS C.O.:
PIKE, TERRY G; CORR OFFICER;
59,043.00; ANN; Ogdensburg; 3-Oct-88;
10570 Riverview Correctional Fac
- Pistol Permittee
A pistol permit was issued to:
PIKE,TERRY G, 2.3 MB.
- Comment
The defendant, the C.O., and
the permittee may be different people.
- Mike Powers
A defendant was Powers:
Mike Powers, Former RCF Corrections Sergeant and
present NYSCOPBA Executive President."
POWERS, MICHAEL B; CORR SERGEANT;
59,500.00; ANN; Bronx; 14-May-90;
10380 Fulton Correctional Facility
We have much info about Powers on our page
about NYSCOPBA staff and officers.
- Mike Sovie
- Defendant
Mike Sovie, RCF Corrections Sergeant
and NYSCOPBA union member
- NYS C.O.
SOVIE, MICHAEL G; CORR SERGEANT;
68,592.00; ANN; Ogdensburg; 19-Oct-87;
10570 Riverview Correctional Fac
- Home clustrmaps.com
2023dec22
Michael G. Sovie
now
1235 State St
Ogdensburg, NY 13669
past
406 Oak St
Ogdensburg, NY 13669
birth 1962 April 25
(315) 393-2952
(845) 667-4060
- FOIL appeal decided 1 February 2024
2024feb27
- Description of case
our main source nycourts.gov
Matter of
New York State Corr. Officers & Police Benevolent Assn., Inc.
v
New York State Dept. of Corr. & Community Supervision
2024 NY Slip Op 00482
Decided on February 1, 2024
Appellate Division, Third Department
This opinion is uncorrected and subject to revision
before publication in the Official Reports.
Decided and Entered
February 1, 2024
CV-23-0636
In the Matter of
New York State Correctional Officers and Police Benevolent Association, Inc.,
Respondent,
v
New York State Department of Corrections and Community Supervision,
Appellant.
Calendar Date:
December 14, 2023
Before
Egan Jr., J.P., Pritzker, Ceresia, Fisher and Powers, JJ.
Letitia James, Attorney General,
Albany
(Douglas E. Wagner of counsel),
for appellant.
Lippes Mathias LLP,
Albany
(Alexander H. Wynkoop of counsel),
for respondent.
__________
Fisher, J.
Appeal from a judgment of the Supreme Court
(Kevin R. Bryant, J.),
entered in trial court March 6, 2023,
in Albany County
[Despite FFOIL, DoCCS did not provide information to NYSCOPBA.
NYSCOPBA sued in state, trial court and won.
DoCCS appealed to state, appeal court and lost.]
- Result
NYSCOPBA defeated DoCCS.
A prison union defeated the state government.
Lippes Mathias's attorney Alexander H. Wynkoop defeated
the A.G.'s attorney Douglas E. Wagner.
- HARRELL: Diane Harrell, Administratix
- Introduction
2023nov8
We guess that defendant NYSCOPBA was represemted
by the Sheehan firm or by the Albany office of the Lippes firm.
- Case in federal, trial court
2023nov1
Plaintiff, Diane Harrell,
Administratix of the Estate of Samuel D. Harrell, III
short name of case
Diane Harrell etc.,
Plaintiff,
v.
New York State Department of Corrections
etc., et al.,
Defendants
Case number 2015cv07065 (RA)
Nature of Suit 440
Civil Rights - Other Civil Rights
Cause 42:1983 Civil Rights Act
Case Filed: 9 Sep 2015
Terminated: 7 Dec 2020
Judge: Ronnie Abrams
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
- Some defendants
Below are names of some defendants.
For some of the defendants, we provide information about Fishkill
officers in 2015 with similar names.
As far as we know, none of the defendats listed below lost.
- some defendants
New York State Department of Corrections and Community Supervision (DOCCS),
DOCCS Acting Commissioner Anthony J. Annucci,
DOCCS Deputy Commissioner Joseph Bellnier,
New York State Office of Mental Health (OMH),
Ann Marie T. Sullivan, M.D.,
New York State Correctional Officers and Police Benevolent Association Inc. (NYSCOPBA),
William Connolly
- Joseph Guarino
- Joseph M. Guarino, Fishkill CF sergeant 2015
source
seethroughny.net
Joseph M. Guarino
Guarino, Joseph M; gross pay $109,327; Corr Sergeant; annual rate of base pay $84,347
- Amanda Fries's 2015 article
- oue source poughkeepsiejournal.com
article nsmr
"Prison staff remain on payrolls despite excessive force lawsuits"
by Amanda Fries
Poughkeepsie Journal
2015/09/30
- Quotations from the article
Below are Guarino-related quotations from Fries's article.
- Harrell case
"Indeed, [prisoner] Wells’ grievances were dismissed as
unfounded, according to court papers, while at least
two officers named in his lawsuit
continued to work in the system in 2015,
the Poughkeepsie Journal found.
This includes Sgt. Joseph Guarino, who was also named in a separate excessive
force lawsuit — it resulted in a $50,000
settlement — as well as in a third lawsuit, filed
last month in connection with the death of a
Fishkill inmate, Samuel Harrell, 30, in April.
The new lawsuit alleges a psychotic Harrell was beaten
and thrown down a flight of stairs,
and the officers’ union conspired in a coverup.
"In response to these allegations the New York State
Correctional Officers & Police Benevolent Association, Inc.,
stated it does not comment on 'ongoing litigation. ...'"
Who is the NYSCOPBA person who stated it does not comment on ongoing litigation?
- many anti-Guarino cases and grievances
"Guarino, the Fishkill correctional sergeant
named in the Wells and Wilson lawsuit settlements
and the Harrell lawsuit, was, by his own admission,
the subject of 30 inmate grievances a year [a huge number],
court records show."
- court cases
"[Attorney Terrizzi said:] 'Sgt. Guarino has been sued a
number of times ...'"
- About 27% in 2013
"Fishkill prison had 113 grievances that year [2013] ..."
Recall from above in our discussion of the Journal's
article, that Guaruno seems to have said that thirty a year
pertain to him.
- U.S. Navy?
source
westchester.news12.com
Dutchess County honors sacrifice
U.S. Navy Veteran Joseph Guarino.
Dutchess County
- Address
2023nov8
Joseph M "Joe" Guarino
68 yrats old
Joseph M Guarino | PO Box 659
Fishkill, NY
(845) 896-7387
465 All Angels Hill Rd
Hopewell Junction, NY 12533
- more defendants
Anderson,
Beroni
- Justin T. Charpentier
2023nov7
- DoCCS C.O. in 2015
source
seethroughny.net
Charpentier, Justin Robert; gross pay $63,859; C.O.; annual rate of base pay $56,177
Notice that the defendant's middle initial is "T"
but the C.O.'s middle name is "Robert."
Perhaps they are different people.
- C.O.'s home
Justin R Charpentier
He seems to live in Dutchess County:
36 E Halstead Road
Salt Point, NY 12578 USA.
(845) 518-2648
born
August 27, 1978
Arirondack Anateur Baseball League
- more defendants
DeFreese,
Thomas A. Dickenson
- Bryan W. Eull
2023nov8
- C.O: at Fishkill 2015
source
seethroughny.net
Eull, Bryan W; gross pay $65,007; C.O.; annual rate of base pay $52,533
- home
2023nov8
Bryan W Eull
birth Mar 1982
(845) 778-3987
344 Beamer Rd, Walden, NY 12586
- Martin Michels
2023nov8
- Fishkill C.O. 2015
source
seethroughny.net
Michels, Martin E; gross pay $72,162; C.O.; annual rate of base pay $65,878
- Miscellany
2023nov8
Martin E Michels
39 years old
11 Shelley Road
Poughkeepsie, NY 12603
(845) 380-4103
(845) 463-2627
- Connor
- Justin M. Sorensen
source
seethroughny.net
Sorensen, Justin M; gross pay $71,921; C.O.; annual rate of base pay $59,821
Fishkill CF
- John A. Yaeger
- Summary related to defendant NYSCOPBA
We don't know what happened.
Below is a summary of various statements made in various, court papers.
On 21 April 2015, Samuel Harrell was imprisoned at Fishkill Correctional Facility.
He said that he was leaving the prison.
According to the plainriff:
many Fishkill C.O.s responded
by tackling prisoner Harrell to the ground and beating him,
thus causing his death.
Plaintiff Diane Harrell claimed that:
- to cover up their actions,
some Fishkill C.O.s falsely reported (to the hospital
where prisoner Harrell was taken)
that he had overdosed.
- Solitary confinement and threats were used to obstruct investigation.
The Orange County Medical Examiner determined that
Samuel Harrell's death was a homicide caused by
a physical altercation with C.O.s.
Diane Harrell, the plaintiff and administratix of the dead prisoner's estate,
sued many defendants;
for example, NYSCOPBA.
She accused NYSCOPBA of misconduct;
for example, she accused a union spokesperson of misconduct.
NYSCOPBA moved that it be dismissed as a defendant.
The court dismissed NYSCOPBA.
NYSCOPBA won. Plaintiff Harrell lost against NYSCOPBA.
We don't know what happened.
We don't know who did what.
- HEALTH: health isurance arbitration
2009 appeal in state court about health insurance arbitration
- Introduction
2022aug19
A state, trial court stopped arbitration of a health insurace dispute.
NYSCOPBA appealed to AD3 but lost.
- Summary of appeal
State of New York
Supreme Court, Appellate Division
Third Judicial Department
Decided and Entered: December 31, 2009
507394
_________________
In the Matter of the Arbitration between
NEWYORK STATE CORRECTIONAL OFFICERS AND POLICE BENEVOLENT ASSOCIATION, INC.,
Appellant,
and
NEW YORK STATE DEPARTMENT OF CIVIL SERVICE et al.,
Respondents.
OPINION AND ORDER
__________
Calendar Date: November 19, 2009
Before:
Cardona, P.J.,
Mercure, Spain, Lahtinen and Kane, JJ.
__________
Sheehan, Greene, Carraway, Golderman & Jacques, L.L.P.,
Albany
(Lawrence H. Schaefer of counsel),
for appellant.
Andrew M. Cuomo, Attorney General,
Albany
(Victor Paladino of counsel),
for
New York State Department of Civil Service
and another, respondents.
Featherstonhaugh, Wiley & Clyne, L.L.P.,
Albany
(Stephen J.Wiley of counsel),
for OptumHealth Behavioral Solutions
and another,
respondents.
__________
Spain, J.
Appeal from a judgment of the Supreme Court (McDonough,J.),
entered April 2, 2009 in Albany County,
which granted respondents' cross motion to dismiss the petition and
stayed arbitration between the parties.
...
Accordingly, because arbitration is prohibited,
our inquiry must end here.
Cardona, P.J., Mercure, Lahtinen and Kane, JJ., concur.
ORDERED that the judgment is affirmed,
without costs.
ENTER: Michael J. Novack Clerk of the Court
- Result of the appeal
The trial court's decision was affirmed.
AG attorney Victor Paladino defeated
Sheehan attorney Lawrence H. Schaefer.
The state government defeated NYSCOPBA.
The employer defeated the union.
An appeal court respondent defeated the appeal court appellant.
- Our main source about NYSCOPBA's health appeal
A copy of the appeal court's 2009 Opinion and Order is in a PDF file.
To see the file, click the picture below.
We got the PDF from decisions.courts.state.ny.us.
LIST OF OUR LIPPES-SHEEHAN PAGES
- Introduction
- Attorneys and other people: A-J K-O P-Z
- Litigation
Clients: A-I Classes J-R S-Z
Court cases
- Political payments
- Introduction to contributors: A-J K-Z
- State Street Associates PAC
