Alvarez v. Snyder

264 A.D.2d 27, 702 N.Y.S.2d 5, 2000 N.Y. App. Div. LEXIS 344
CourtAppellate Division of the Supreme Court of the State of New York
DecidedJanuary 13, 2000
StatusPublished
Cited by21 cases

This text of 264 A.D.2d 27 (Alvarez v. Snyder) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alvarez v. Snyder, 264 A.D.2d 27, 702 N.Y.S.2d 5, 2000 N.Y. App. Div. LEXIS 344 (N.Y. Ct. App. 2000).

Opinions

OPINION OF THE COURT

Tom, J.

Plaintiffs appeal from a Supreme Court order dismissing their complaint seeking damages for alleged violation of their constitutional rights, including freedom of association and speech and deprivation of liberty without due process as detainees in a criminal proceeding.

This is a 42 USC § 1983 action in. which plaintiffs seek compensatory and punitive damages and certain injunctive relief. The claims of several plaintiffs generally arose during their status as pretrial detainees in the custody of the New York City Department of Correction. Two plaintiffs, who were not detained, are the mothers of two of these detainees. The defendants are the Justice presiding over the criminal trial of the detainee plaintiffs, whose orders affected the terms of their confinement, and a social worker retained and working at her behest with regard to supervision of the terms of plaintiffs’ confinement.

Plaintiffs and others were arrested in connection with investigations into the activities of three criminal gangs: the Yellow Top Crew, also known as “Talented Young Children,” the Purple Top Crew, and the Red Top Crew, also known as “Natural Born Killers.” Over 100 individuals were charged with a variety of offenses, including murder and attempted murder, conspiracy, and weapons and drug offenses. These indictments resulted in numerous related prosecutions. Some indictees were willing to cooperate with law enforcement [29]*29authorities, likely necessitating their testimony at multiple trials. The physical safety of cooperating witnesses became a primary concern of prosecutors and Justice Leslie Snyder, defendant herein, to whom the cases were assigned. The first trial, scheduled to follow Labor Day 1995, involved members of the Yellow Top Crew. The trial was expected to last four months.

In anticipation of problems arising from the sheer scale of these prosecutions and the need to ensure the safety of witnesses, some of whom might have been incarcerated along with various criminal defendants, the court appointed Hillel Bodek, a certified social worker, in August 1995 to act as a special master, Bodek’s responsibilities were logistical as well as security related. The logistical responsibilities involved arranging for those defendants’ viewing of discovery material, ensuring speedy in camera review of documents if necessary, keeping the criminal defendants’ daily appearances on track, ensuring that necessary personal services, such as laundry and the like, were provided in a timely fashion to defendants throughout trial, and crafting a mechanism to handle potential health problems arising during the lengthy trial. The goal was to keep proceedings on track without undue or punitive inconvenience to the defendants. Apparently, procedures were effectively implemented and, in fact, acted upon, so that the Yellow Top defendants, whose trial was imminent, got to review discovery material, transportation was coordinated among City and State custodial facilities and those prisoners’ medical needs were anticipated.

Bodek’s security role, though, was intended to protect others from defendants as much as individual defendants from others. As initially understood, Bodek’s instructions from the court were focused on two matters. A peculiar dynamic of the gangs and activities involved in the prosecution resulted from the fierce rivalry among many of the gang indictees, many of whom had tried killing one another in the course of a criminal trade that was particularly violent, warranting the reasonable concern that additional measures would be necessary to maintain separation among potential enemies. Moreover, cooperating witnesses or their attorneys had communicated security concerns to the prosecutor and the court, also warranting as a general matter special logistical measures to ensure their safety, especially for incarcerated cooperators. An Assistant District Attorney, not part of the prosecution team, was designated a liaison with Bodek and the court on security issues.

[30]*30During early September 1995, information about specific threats by Yellow Top defendants against witnesses and their families residing in the community were relayed by prosecutors to Bodek. This specific information included criminal defendant (plaintiff in the present civil action) Pedro Diaz’s attempt to hire a contract killer, arranged through an identified incarcerated intermediary, to kill a nonincarcerated witness. The intermediary, who was an informant, was asked to arrange the putative killer’s visitation with Diaz in prison; instead, an undercover officer arrived and the conversation with Diaz was taped.

On September 6, prior to the commencement of trial, two of the six Yellow Top defendants pleaded guilty. Justice Snyder, at an in camera proceeding, received information and evaluated how to proceed regarding protection of witnesses from the remaining criminal defendants. By sealed order implemented September 8, she imposed a “lock down” directing that defendants Alvarez, Ayala, Diaz and Springer be denied visitation and telephone use, except for attorney communications for which special arrangements were made requiring verification that an attorney, in fact, was being phoned. Alvarez and Ayala, both of whom had already slashed other inmates, were to be strip-searched and their cells and property searched daily. The court also provided specific instructions regarding the time and manner in which the defendants would be transported, that they would be restrained by handcuffs and leg irons at such times, and were to be strip-searched upon leaving and upon their return to prison. They were then moved to Riker’s North Infirmary Command building, a relocation they challenge as violating unspecified correction regulations.

Bodek also was informed that the defendants were passing notes and other messages to inmates in court detention pens threatening cooperating witnesses. This led to a modification of Justice Snyder’s order on September 18. As a consequence, after consultation with postal officials, the defendants’ outgoing mail was intercepted and screened, by Bodek, for threats prior to being deposited with the Postal Service. Incoming mail was not subject to interception. If information within required judicial intervention, Bodek was directed to contact another designated Justice, uninvolved in the trial, and Bodek was barred from discussing any such information with the prosecutors. However, at the same time, and at Bodek’s recommendation, Justice Snyder’s order allowed the detainees more recreational opportunities, subject to certain restrictions.

[31]*31On October 4, Springer indicated an intention to plead guilty, and he was allowed family visitation. He pleaded guilty the following day, and was sentenced on October 31 and immediately transferred to State custody. This left only Ayala, Diaz and Alvarez in the Yellow Top case. Ayala and Alvarez were each allowed two supervised family visits in December. They were convicted on January 6, 1996, and were sentenced on January 30, 1996 and remanded to State custody. Alvarez, Diaz and Springer are plaintiffs in the present civil action.

Victor Ocasio, reputed leader of the Purple Top gang, also is a civil plaintiff. During mid-September 1995, prosecutors relayed information that Ocasio had threatened the above-mentioned informant (whose tape recording had been disclosed to counsel in the Yellow Top trial). Inmates also heard Ocasio refer to a Yellow Top leader, Martin Mejias, as a “snitch,” after which Mejias was transferred to another facility for his own protection.

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Bluebook (online)
264 A.D.2d 27, 702 N.Y.S.2d 5, 2000 N.Y. App. Div. LEXIS 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alvarez-v-snyder-nyappdiv-2000.