Butler V. Suffolk County – A Class Action Claims Administrator Website

Butler v. Suffolk County, United States District Court for the Eastern District of New York

This website pertains to the litigation known as Butler v. Suffolk County, 11-CV-02602 (JS) (AYS), filed in the United States District Court for the Eastern District of New York. This website provides information regarding the lawsuit, your legal rights, and what benefits are available.

THE DESCRIPTION OF THE LITIGATION

1. The SCCF, which include the Riverhead and Yaphank facilities, constitute a jail system in Suffolk County, New York. The Suffolk County Sheriff’s Office implements policies at SCCF, including those governing living and housing conditions, grievance procedures, and access to medical and other program services.
2. On May 27, 2011, Plaintiff Rickey Lynch and nineteen others confined in SCCF at Riverhead brought this action pro se (advocating on their own behalf, without the representation of a lawyer) against Suffolk County, as well as against the Sheriff of Suffolk County Vincent DeMarco, and undersheriffs Joseph T. Caracappa and John P. Meyerricks (the “Individual Defendants”). The action claimed damages resulting from the allegedly unconstitutional conditions in the jail and requested injunctive relief to improve the conditions at Riverhead. The conditions alleged included ongoing exposure to human waste, mold, rust, vermin, freezing temperatures, and inadequate access to clean drinking water.
3. On November 22, 2011, the Court determined that the appointment of pro bono (professional work undertaken voluntarily and without payment) counsel was appropriate and directed the Court’s Pro Se Office to find counsel willing to represent the Plaintiffs in the Lynch action on a pro bono basis.
4. On January 23, 2012, attorneys from Shearman & Sterling LLP were appointed as Plaintiffs’ pro bono counsel. As a result of the combination of Shearman & Sterling LLP and Allen & Overy LLP, effective May 1, 2024, the name of the firm representing the plaintiff classes in this action is Allen Overy Shearman Sterling US LLP.
5. Of-counsel, in this case, is the New York Civil Liberties Union (“NYCLU”), which is a non-profit membership organization founded in 1951 as the New York State affiliate of the American Civil Liberties Union.
6. On April 5, 2012, Shearman & Sterling LLP filed the Consolidated Amended Class Action Complaint and sought to represent the interests of all 163 plaintiffs who had filed pro se complaints, as well as similarly situated persons, by proceeding as a class action. The Consolidated Amended Complaint asserted four claims:
  - a claim on behalf of the pretrial detainees in SCCF for violation of the Constitution’s prohibition of cruel and inhuman treatment under the Fourteenth Amendment;
  - a claim on behalf of all sentenced prisoners in SCCF for violation of the Constitution’s prohibition of cruel and inhuman treatment under the Eighth Amendment;
  - a claim on behalf of the pretrial detainees in SCCF for violation of the New York Constitution’s due process clause; and
  - a claim on behalf of all Plaintiffs for negligence and ministerial negligence arising under New York common law.
7. On May 17, 2012, the Plaintiffs moved for class certification.
8. On March 19, 2013, the Court in the Eastern District of New York granted the Plaintiffs’ motion for class certification. The Court also ordered that the Plaintiffs’ attorneys of record, Shearman & Sterling LLP and NYCLU, be appointed class counsel. The Court certified the following classes and subclasses:
  - an Injunctive Class comprised of all persons who, now or at any time in the future, are or will be detainees or prisoners in the custody of the Suffolk County Sheriff’s Department and housed in SCCF, with separate subclasses for those persons detained in Riverhead and Yaphank.
    - The Injunctive Class and subclasses are only certified to seek declaratory and injunctive relief.
    - Mack Butler and Dashaun Sims were appointed as class representatives for the Riverhead Injunctive Subclass.
    - Clyde Lofton and Paul Alver were appointed as class representatives for the Yaphank Injunctive Subclass.
  - a Damages Class comprised of all persons who are or were detainees or prisoners in the custody of the Suffolk County Sheriff’s Department and housed in SCCF on or after April 5, 2009, with separate subclasses for those persons detained in Riverhead and Yaphank.
    - The Damages Class and subclasses are certified to seek any and all monetary relief available to the class.
    - Kevin King was appointed as the class representative for the Riverhead Damages Subclass.
    - Rickey Lynch was appointed as the class representative for the Yaphank Damages Subclass.The Court later amended the class definitions to exclude all persons who were or have been housed exclusively in the new facility in Yaphank that opened in 2013.
9. After the conclusion of discovery, the parties moved for summary judgment. As part of that process, the Court requested briefing on whether any additional class representatives should be named. On August 9, 2023, the Court denied the parties’ motions for summary judgment, but granted plaintiffs’ motion to appoint additional class representatives.
  - Daryl Miller and Kenneth Williams were appointed as class representatives for the Injunctive Class
  - Richard McMahon and Jermaine Yates were appointed as class representatives for the Damages Class.
10. Trial has been scheduled for February 3, 2025.

FREQUENTLY ASKED QUESTIONS

The Consolidated Amended Complaint asserted four claims:

a claim on behalf of the pretrial detainees in SCCF for violation of the Constitution’s prohibition of cruel and inhuman treatment under the Fourteenth Amendment;
a claim on behalf of all sentenced prisoners in SCCF for violation of the Constitution’s prohibition of cruel and inhuman treatment under the Eighth Amendment;
a claim on behalf of the pretrial detainees in SCCF for violation of the New York Constitution’s due process clause; and
a claim on behalf of all Plaintiffs for negligence and ministerial negligence arising under New York common law.

On March 19, 2013, the Court in the Eastern District of New York granted the Plaintiffs’ motion for class certification. The Court also ordered that the Plaintiffs’ attorneys of record, Shearman & Sterling LLP and NYCLU, be appointed class counsel. The Court certified the following classes and subclasses:

an Injunctive Class comprised of all persons who, now or at any time in the future, are or will be detainees or prisoners in the custody of the Suffolk County Sheriff’s Department and housed in SCCF, with separate subclasses for those persons detained in Riverhead and Yaphank.
- The Injunctive Class and subclasses are only certified to seek declaratory and injunctive relief.
- Mack Butler and Dashaun Sims were appointed as class representatives for the Riverhead Injunctive Subclass.
- Clyde Lofton and Paul Alver were appointed as class representatives for the Yaphank Injunctive Subclass.
a Damages Class comprised of all persons who are or were detainees or prisoners in the custody of the Suffolk County Sheriff’s Department and housed in SCCF on or after April 5, 2009, with separate subclasses for those persons detained in Riverhead and Yaphank.
- The Damages Class and subclasses are certified to seek any and all monetary relief available to the class.
- Kevin King was appointed as the class representative for the Riverhead Damages Subclass.
- Rickey Lynch was appointed as the class representative for the Yaphank Damages Subclass.

The Court later amended the class definitions to exclude all persons who were or have been housed exclusively in the new facility in Yaphank that opened in 2013.

On August 9, 2023, the Court denied the parties’ motions for summary judgment, but granted plaintiffs’ motion to appoint additional class representatives.

- Daryl Miller and Kenneth Williams were appointed as class representatives for the Injunctive Class
- Richard McMahon and Jermaine Yates were appointed as class representatives for the Damages Class.

Members of the Class will be eligible to participate in any recovery that might be obtained in the Action. If any money is awarded to the Class, either through a settlement or a judgment of the Court, you will be eligible to receive a share of that award.

If you chose to remain a member of the Class, you do not need to do anything at this time. If any money is awarded to the Class, either through a settlement or a judgment of the Court, you will be eligible to receive a share of that award. It is important that you keep Class Counsel updated with your correct address.

No. As a member of the Class, you will not be personally responsible for Class Counsel’s attorneys’ fees or costs. Class Counsel voluntarily agreed to represent the Class on a pro bono basis without payment. As a member of the Class, you will be represented by Class Counsel.

The initial deadline for exclusion from the Class pursuant to the original notice of this Action was April 12, 2017. As further litigation developments may warrant, it is possible that an additional notice may be disseminated providing for a further opportunity to exclude yourself from the Class.