Thomas v. NYPD et al
Federal Civil Lawsuit New York Eastern District Court, Case No. 1:12-cv-06327-JG-LB

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Last Updated July 23, 2017 at 9:17 PM DT (3.9 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Roody Thomas, Plaintiff

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Name Phone Fax E-Mail
Space Roody Thomas +Pleaseu sea validnu
v.
No Logo Captain Williams, Defendant

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Alison Gainfort Moe +1 212 676 1307 +1 212 788 9776 amoe@law.nyc.gov
Badge# 820 Alison Gainfort Moe +1 212 676 1307 +1 212 788 9776 amoe@law.nyc.gov
No Logo Correction Officers, Defendant
No Logo DOC NYC, Defendant
No Logo JOHN DOE 1, Defendant
No Logo John Doe #2, Defendant
No Logo JOHN DOE 3, Defendant
No Logo JOHN DOE 4, Defendant
No Logo JOHN DOE 5, Defendant
No Logo NYPD, Defendant
No Logo Rikers Island (C95/C73), Defendant
City of New York City of New York, Defendant
Officially listed as "The City of New York"

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Alison Gainfort Moe +1 212 676 1307 +1 212 788 9776 amoe@law.nyc.gov
Space Alison Gainfort Moe +1 212 676 1307 +1 212 788 9776 amoe@law.nyc.gov
New York City Law Department New York City Law Department, Interested Party

Toggle Switch Represented by New York City Law Department

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Alison Gainfort Moe +1 212 676 1307 +1 212 788 9776 amoe@law.nyc.gov
Space Alison Gainfort Moe +1 212 676 1307 +1 212 788 9776 amoe@law.nyc.gov
Citation Section 42 U.S.C. § 1983
Nature of Suit 550 - Prisoner Petitions: Civil Rights
  Entries (40) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 39 Filed: 8/13/2014, Entered: None USCA Mandate
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    Legal Document (Payment Possibly Required) 38 Filed: 4/21/2014, Entered: None
    NOTICE OF APPEAL as to 36 Order on Motion to Dismiss for Failure to State a Claim, 37 Clerk's Judgment by Roody Thomas. No fer paid IFP granted. Service done electronically. (McGee, Mary Ann) (Entered: 04/24/2014)
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      Legal Document (Payment Possibly Required) 37 Filed: 3/31/2014, Entered: None
      CLERK'S JUDGMENT, Dft's motion to dismiss is granted; that plaintiff shall recover nothing from the defendants.. Ordered by Janet Hamilton, Deputy Clerk on 3/31/14. c/m appeals package sent (Piper, Francine) (Entered: 04/01/2014)
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        Blank 36 Filed: 3/31/2014, Entered: None Court Filing
        ORDER: For the reasons explained in the attached memorandum and order, defendants' 32 motion to dismiss for failure to state a claim is granted. The Clerk is directed to enter judgment accordingly and close the case. A copy of this order and the attached memorandum and order will be mailed to Mr. Thomas at his address of record. Ordered by Judge John Gleeson on 3/31/2014. (Herling, Adam) (Entered: 03/31/2014)
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          Legal Document (Payment Possibly Required) 35 Filed: 3/17/2014, Entered: None
          Letter in lieu of a reply memorandum of law by The City of New York, Williams, Proposed Scheduling Order for Plaintiff to attend oral argument by telephone by The City of New York, Williams (Moe, Alison) (Entered: 03/17/2014)
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            Legal Document (Payment Possibly Required) 34 Filed: 1/31/2014, Entered: None
            MEMORANDUM in Support re 32 Motion to Dismiss for Failure to State a Claim filed by The City of New York, Williams. (Moe, Alison) (Entered: 01/31/2014)
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              Legal Document (Payment Possibly Required) 33 Filed: 1/31/2014, Entered: None
              AFFIDAVIT/DECLARATION in Support re 32 Motion to Dismiss for Failure to State a Claim filed by The City of New York, Roody Thomas. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Affidavit of Service, # 10 Supplement Local Rule 12.1 Notice) (Moe, Alison) (Entered: 01/31/2014)
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                Legal Document (Payment Possibly Required) 32 Filed: 1/31/2014, Entered: None
                Motion to Dismiss for Failure to State a Claim by The City of New York, Williams. (Moe, Alison) (Entered: 01/31/2014)
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                  Legal Document (Payment Possibly Required) 31 Filed: 1/22/2014, Entered: None Court Filing
                  TRANSCRIPT of Proceedings held on 1/15/14, before Judge Bloom. Court Reporter/Transcriber FIORE REPORTING AND TRANSCRIPTION SERVICE, INC., Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/12/2014. Redacted Transcript Deadline set for 2/24/2014. Release of Transcript Restriction set for 4/22/2014. (Hong, Loan) (Entered: 01/22/2014)
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                    Legal Document (Payment Possibly Required) 30 Filed: 1/15/2014, Entered: None Court Filing
                    ORDER: The Court lifted the stay and directed defendants' counsel to submit a revised proposed briefing schedule to Judge Gleeson by 1/22/2014. SO ORDERED by Magistrate Judge Lois Bloom, on 1/15/2014. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa) (Entered: 01/16/2014)
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                      Legal Document (Payment Possibly Required) 29 Filed: 1/15/2014, Entered: None Court Filing
                      Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 1/15/2014. Appearances for Plaintiff: Roody Thomas, pro se; for Defendants: Alison G. Moe, Assistant Corporation Counsel. (Latka-Mucha, Wieslawa) (Entered: 01/16/2014)
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                        Legal Document (Payment Possibly Required) 28 Filed: 1/15/2014, Entered: None
                        Letter proposing a briefing schedule for a motion to dismiss the amended complaint by The City of New York, Williams (Moe, Alison) (Entered: 01/15/2014)
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                          Legal Document (Payment Possibly Required) 27 Filed: 1/14/2014, Entered: None Court Filing
                          SCHEDULING ORDER: The Court has received plaintiff's Bellevue Hospital medical records from defendants' counsel; however, counsel has not yet provided plaintiff's medical records from Mid-Hudson Forensic Psychiatric Center (Mid-Hudson). (See ECF No. 24.) Counsel shall deliver plaintiff's medical records from Mid-Hudson to my chambers today so I may review them before tomorrows conference. Ordered by Magistrate Judge Lois Bloom on 1/14/2014. (c/m pro se plaintiff) (Frankel, Dustin) (Nair, Rekha). (Entered: 01/14/2014)
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                            Legal Document (Payment Possibly Required) 26 Filed: 12/4/2013, Entered: None Court Filing
                            ORDER: Defendants' counsel states that she has been unable to obtain plaintiff's medical records in advance of the conference schedule for 12/11/2013, and requests that the conference be adjourned. The 25 request is granted. The Court shall hold a telephone conference in this matter on 1/15/2014, at 9:30 a.m. Defendants' counsel is requested to arrange and initiate the conference call. The Warden of the Anna M. Kross Correctional Facility shall make plaintiff available for the telephonic conference at this time. After establishing contact with plaintiff, defendants' counsel shall telephone the Court at (718) 613-2170. SO ORDERED by Magistrate Judge Lois Bloom, on 12/4/2013. C/mailed. (Latka-Mucha, Wieslawa) (Entered: 12/06/2013)
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                              Legal Document (Payment Possibly Required) 25 Filed: 12/3/2013, Entered: None
                              MOTION to Adjourn Conference by The City of New York, Williams. (Moe, Alison) (Entered: 12/03/2013)
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                                Legal Document (Payment Possibly Required) 24 Filed: 11/4/2013, Entered: None Court Filing
                                SCHEDULING ORDER: The Court hereby amends its Scheduling Order dated October 23, 2013 (ECF No. 22) and directs the City Law Department to also provide plaintiff's medical records from Mid-Hudson Forensic Psychiatric Center and Captain Williams's first name to plaintiff and the Court. Ordered by Magistrate Judge Lois Bloom on 11/4/2013. (c/m pro se plaintiff) (Frankel, Dustin) (Entered: 11/04/2013)
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                                  Legal Document (Payment Possibly Required) 23 Filed: 10/30/2013, Entered: None Court Filing
                                  TRANSCRIPT of Proceedings held on October 23, 2013, before Judge Bloom. Court Transcriber: Fiore Reporting and Transcription Service, Inc., Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/20/2013. Redacted Transcript Deadline set for 12/2/2013. Release of Transcript Restriction set for 1/28/2014. (Rocco, Christine) (Entered: 10/30/2013)
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                                    Legal Document (Payment Possibly Required) 22 Filed: 10/23/2013, Entered: None Court Filing
                                    ORDER: The Court directed defendants' counsel from the New York City Law Department to obtain plaintiff's medical records from Bellevue Hospital and to provide copies to plaintiff and the Court. The Court shall hold a telephone conference on 12/11/2013, at 10:30 a.m. Defendants' counsel is requested to arrange and initiate the conference call. The Warden of the Anna M. Kross Correctional Facility shall make plaintiff available for the telephonic conference at this time. The Court continues the stay regarding the briefing schedule for defendants' anticipated motion to dismiss. SO ORDERED by Magistrate Judge Lois Bloom, on 10/23/2013. C/mailed. (Latka-Mucha, Wieslawa) (Entered: 10/24/2013)
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                                      Legal Document (Payment Possibly Required) 21 Filed: 10/23/2013, Entered: None Court Filing
                                      Minute Entry for proceedings held before Magistrate Judge Lois Bloom: Telephone Conference held on 10/23/2013. Recorded. Tick #(s) 10:02 - 10:38. Appearances for Plaintiff: Roody Thomas, pro se; for Defendants: Alison Moe, Assistant Corporation Counsel. (Latka-Mucha, Wieslawa) (Entered: 10/24/2013)
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                                        Legal Document (Payment Possibly Required) 20 Filed: 10/9/2013, Entered: None Court Filing
                                        ORDER: The Court shall hold a telephone conference in this case on 10/23/2013, at 10:00 a.m. Defendants' counsel is requested to arrange and initiate the conference call. The Warden of the Anna M. Kross Correctional Facility shall make plaintiff available for the telephonic conference at this time. After establishing contact with plaintiff, defendants' counsel shall telephone the Court at (718) 613-2170. Pending the conference, and with Judge Gleeson's permission, the briefing schedule for defendants' anticipated motion to dismiss is hereby stayed. SO ORDERED by Magistrate Judge Lois Bloom, on 10/9/2013. C/mailed. (Latka-Mucha, Wieslawa) (Entered: 10/10/2013)
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                                          Legal Document (Payment Possibly Required) 19 Filed: 10/7/2013, Entered: None
                                          Letter from Nathaniel Collin to the Clerk of Court, requesting that counsel be appointed for Roody Thomas. (Piper, Francine) (Entered: 10/08/2013)
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                                            Legal Document (Payment Possibly Required) 18 Filed: 7/26/2013, Entered: None
                                            AMENDED SUMMONS Returned Executed on behalf of pro se Roody Thomas. Captain Williams served on 7/23/2013, answer due 8/13/2013. (Latka-Mucha, Wieslawa) (Entered: 07/29/2013)
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                                              Legal Document (Payment Possibly Required) 17 Filed: 7/19/2013, Entered: None
                                              MOTION for Extension of Time to File Motion to Dismiss by The City of New York, Williams. (Moe, Alison) (Entered: 07/19/2013)
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                                                Legal Document (Payment Possibly Required) 16 Filed: 7/3/2013, Entered: None
                                                AMENDED SUMMONS Returned Executed on behalf of pro se Roody Thomas. The City of New York served on 6/28/2013, answer due 7/19/2013. (Latka-Mucha, Wieslawa) (Entered: 07/08/2013)
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                                                  Blank 15 Filed: 5/28/2013, Entered: None
                                                  AMENDED SUMMONS REISSUED as to Captain Williams; and the City of New York. (Latka-Mucha, Wieslawa) (Entered: 05/28/2013)
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                                                    Legal Document (Payment Possibly Required) 14 Filed: 5/24/2013, Entered: None Court Filing
                                                    ORDER: On 4/10/2013, plaintiff filed a 12 Second Amended Complaint additionally naming the City of New York as a defendant. Accordingly, the Clerk of Court is directed to prepare the necessary papers to have Captain Williams and the City of New York served with summons, the 1 complaint, and both amended complaints (ECF Nos. 9 , 12 ). The United States Marshals Service is directed to serve the summons, complaint, and both amended complaints upon these two defendants without prepayment of fees. SO ORDERED by Magistrate Judge Lois Bloom, on 5/24/2013. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa) (Entered: 05/28/2013)
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                                                      Legal Document (Payment Possibly Required) 13 Filed: 4/23/2013, Entered: None
                                                      NOTICE of Appearance by Alison G. Moe on behalf of New York City Law Department (aty to be noticed) (Attachments: # 1 Declaration of service) (Moe, Alison) (Entered: 04/23/2013)
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                                                        Legal Document (Payment Possibly Required) 12 Filed: 4/10/2013, Entered: None
                                                        [SECOND] AMENDED COMPLAINT against Captain Williams; and the City of New York - filed by pro se Roody Thomas. (Latka-Mucha, Wieslawa) (Entered: 04/15/2013)
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                                                          Legal Document (Payment Possibly Required) 11 Filed: 4/5/2013, Entered: None
                                                          SUMMONS ISSUED as to Captain Williams, Badge # 820. (Courtesy Copy sent to Corporation Counsel via first class mail.) (Latka-Mucha, Wieslawa) (Entered: 04/05/2013)
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                                                            Blank 10 Filed: 4/4/2013, Entered: None Court Filing
                                                            ORDER. For the reasons explained in the attached order, Thomas's application to proceed in forma pauperis under 28 U.S.C. § 1915 is granted. The Clerk of Court shall prepare a summons against defendant Captain Williams, Badge #820, and the United States Marshals Service shall serve the summons, complaint, amended complaint and a copy of this order upon the defendant without prepayment of fees. A courtesy copy of the same papers shall be mailed to the Corporation Counsel for the City of New York, Special Federal Litigation Division. I leave to the magistrate judge how to proceed with respect to the Defendants John Doe 1-5. Ordered by Judge John Gleeson on 4/4/2013. (O'Reilly, Helen) (Entered: 04/04/2013)
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                                                              Legal Document (Payment Possibly Required) 9 Filed: 3/25/2013, Entered: None
                                                              AMENDED COMPLAINT (w/ Jury Trial Demanded) against John Doe #1, John Doe #2, John Doe #3, John Doe #4, John Doe #5, Williams, filed by Roody Thomas. (Galeano, Sonia) (Entered: 03/29/2013)
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                                                                Blank 8 Filed: 3/13/2013, Entered: None Court Filing
                                                                ORDER. My 6 order directing Thomas to file an amended complaint was returned to this Court by the United States Post Service as "return to sender." However, according to the New York City Department of Corrections Inmate Lookup System, Thomas is currently being held at the Anna M. Kross Correctional Facility. In light of his pro se status, the Clerk of Court is respectfully directed to re-send to my 6 order dated February 4, 2013, along with a copy of this order, to Thomas at his new address and to note his new address on the docket. Thomas has an additional 30 days from the date this order is entered to file an amended complaint as set forth in my prior order. Ordered by Judge John Gleeson on 3/13/2013. (O'Reilly, Helen) (Entered: 03/13/2013)
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                                                                  Legal Document (Payment Possibly Required) 7 Filed: 2/21/2013, Entered: None
                                                                  Mail - Document #6 Sent to Roody Thomas and Returned as Refused Unable to Forward. (Piper, Francine) (Entered: 02/21/2013)
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                                                                    Legal Document (Payment Possibly Required) 6 Filed: 2/4/2013, Entered: None Court Filing
                                                                    ORDER granting 2 Motion for Leave to Proceed in forma pauperis. For the reasons set forth in the attached Order, the case is dismissed as to the New York City Police Department, the New York City Department of Correction and Rikers Island. The plaintiff is directed to file an amended complaint within 30 days. Ordered by Judge John Gleeson on 2/4/2013. (O'Reilly, Helen) Modified on 2/4/2013 per email dated February 04, 2013 from Helen P. O'Reilly (Brown, Marc). (Entered: 02/04/2013)
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                                                                      Legal Document (Payment Possibly Required) 5 Filed: 1/14/2013, Entered: None
                                                                      Mail Returned as Undeliverable, "Return to Sender, Refused, Unable to Forward." Document #4 previously sent to Roody Thomas. (Galeano, Sonia) (Entered: 01/17/2013)
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                                                                        Legal Document (Payment Possibly Required) 4 Filed: 12/27/2012, Entered: None
                                                                        In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 01/03/2013)
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                                                                          Legal Document (Payment Possibly Required) 3 Filed: 12/27/2012, Entered: None
                                                                          Pursuant to 28 U.S.C. 1915 (as amended July 26, 1996), plaintiff is proceeding in forma pauperis and must pay the total $350 fee by monthly installments deducted from plaintiff's prison trust fund account (or institutional equivalent). (Bowens, Priscilla) (Entered: 01/03/2013)
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                                                                            Legal Document (Payment Possibly Required) 2 Filed: 12/27/2012, Entered: None
                                                                            MOTION for Leave to Proceed in forma pauperis by Roody Thomas. (Bowens, Priscilla) (Entered: 01/03/2013)
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                                                                              Blank 8 Filed: 3/14/2013, Entered: None Court Filing
                                                                              ORDER. My 6 order directing Thomas to file an amended complaint was returned to this Court by the United States Post Service as "return to sender." However, according to the New York City Department of Corrections Inmate Lookup System, T homas is currently being held at the Anna M. Kross Correctional Facility. In light of his pro se status, the Clerk of Court is respectfully directed to re-send to my 6 order dated February 4, 2013, along with a copy of this order, to Thomas at his new address and to note his new address on the docket. Thomas has an additional 30 days from the date this order is entered to file an amended complaint as set forth in my prior order. Ordered by Judge John Gleeson on 3/13/2013. (O'Reilly, Helen)
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                                                                                Legal Document (Payment Possibly Required) 1 Filed: 12/27/2012, Entered: None
                                                                                COMPLAINT against All Defendants, filed by Roody Thomas. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 01/03/2013)
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