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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; and David Bowhall, Plaintiffs, v. NEW YORK STATE DEPARTMENT OF CORRECTIONAL SERVICES; New York State Division of Criminal Justice Services; The State of New York; Brian Fischer, in his official capacity as Commissioner of the New York State Department of Correctional Services; Denise O'Donnell, in her official capacity as Commissioner of the New York State Division of Criminal Justice Services; and David Paterson, in his official capacity as Governor of the State of New York, Defendants.

United States District Court, N.D. New York.

April 30, 2010.

Attorney(s) appearing for the Case

Sheehan Greene Carraway, Golderman & Jacques, LLP, Lawrence H. Schaefer, Esq., of counsel, Albany, NY, for Plaintiffs.

Office of the Attorney General-Albany Office, Roger W. Kinsey, Esq., of Counsel, Albany, NY, for Defendants.

MEMORANDUM-DECISION and ORDER

DAVID N. HURD, District Judge.

I. INTRODUCTION

Plaintiffs Lyndon S. Johnson, Larry Rivenburg, Morris A. Darling, Leonard Davidow, and David Bowhall ("plaintiffs") sue defendants New York State Department of Correctional Services ("DOCS"), New York State Division of Criminal Justice Services ("DCJS"), the State of New York, DOCS Commissioner Brian Fischer, DCJS Commissioner Denise O'Donnell...

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