Dean v. Coughlin

107 F.R.D. 331
CourtDistrict Court, S.D. New York
DecidedAugust 29, 1985
DocketNo. 84 Civ. 1528 (SWK)
StatusPublished
Cited by12 cases

This text of 107 F.R.D. 331 (Dean v. Coughlin) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dean v. Coughlin, 107 F.R.D. 331 (S.D.N.Y. 1985).

Opinion

MEMORANDUM OPINION AND ORDER

KRAM, District Judge.

The above-captioned action is before the Court upon plaintiffs’ motion, pursuant to Rule 23 of the Federal Rules of Civil Procedure, for an order certifying this action as a class action on their claims for declaratory and injunctive relief and directing that notice of this action be given to the class. Plaintiffs are four inmates currently confined at Bedford Hills Correctional Facility (“Bedford Hills”). Their action challenges the constitutionality of the dental care provided to them by the defendants. The proposed class consists of all persons who are or will be inmates at Bedford Hills. For the reasons stated below, plaintiffs’ motion is granted.

DISCUSSION

Rule 23 provides, in relevant part, as follows:

(a) Prerequisites to a Class Action. One or more members of a class may sue or be sued as representative parties on behalf of all only if (1) the class is so numerous that joinder of all members is impracticable, (2) there are questions of law or fact common to the class, (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class, and (4) the representative parties will fairly and adequately protect the interests of the class, (b) ... and in addition:
(2) the party opposing the class has acted or refused to act on grounds generally applicable to the class, thereby making appropriate final injunctive relief or corresponding declaratory relief with respect to the class as a whole____

As the Rule indicates, all four of the requirements of subdivision (a), and, in addition, at least one of the requirements of subdivision (b), must be satisfied. See also Guardians Ass’n of the New York City Police Dep’t, Inc. v. Civil Serv. Comm’n, 431 F.Supp. 526, 531 (S.D.N.Y.), vacated without opinion on other grounds, 562 F.2d 38 (2d Cir.1977), cert. denied, 463 U.S. 1228, 103 S.Ct. 3568, 77 L.Ed.2d 1410 (1983).

1. The requirement of numerosity.

The proposed class must be so numerous that joinder of all members is impracticable. Defendants apparently concede that this requirement has been met. The class of all persons who are or will be incarcerated at Bedford Hills is composed at all times of about 500 persons. See Korn v. Franchard Corp., 456 F.2d 1206, 1209 (2d Cir.1972) (212 would be enough); Guardians Ass’n, 431 F.Supp. at 531 (between 200 and 600 enough). Moreover, in this case, as in many civil rights cases, the members of the class are “incapable of specific enumeration.” See Fed.R.Civ.P. 23 advisory committee note; see also Marcera v. Chinlund, 595 F.2d 1231, 1240 (2d Cir.), vacated on other grounds sub nom. Lombard v. Marcera, 442 U.S. 915, 99 S.Ct. 2833, 61 L.Ed.2d 281 (1979); Powell v. Ward, 487 F.Supp. 917, 922 (S.D.N.Y.1980), aff'd as modified, 643 F.2d 924 (2d Cir.), cert. denied, 454 U.S. 832, 102 S.Ct. 131, 70 L.Ed.2d 111 (1981). The fluid composition of a prison population is particularly well-suited for class status, because, although the identity of the individuals involved may change, the nature of the wrong and the basic parameters of the group affected re[333]*333main constant. See Powell, 487 F.Supp. at 922; see also Gerstein v. Pugh, 420 U.S. 103, 110 n. 11, 95 S.Ct. 854, 861 n. 11, 43 L.Ed.2d 54 (1975). Accordingly, the numerosity requirement is satisfied.

2. Common questions of law or fact.

Defendants, relying on Estelle v. Gamble, 429 U.S. 97, 97 S.Ct. 285, 50 L.Ed.2d 251 (1976), contend that this requirement is not satisfied. They argue that, since each of the individuals in the putative class has a unique dental history and differing treatment needs, a separate “individualized” adjudication is required on each patient’s claim in order to assess the adequacy of the dental care given to her. Since each claim must turn on “facts relative to the patient’s own dental history,” defendants argue, there are no common questions of law or fact. The real problem with this argument is that it proves too much. As plaintiffs rightly point out, adoption of defendants’ argument would be fatal to class certification in all prison medical care cases. Yet class actions have been maintained regarding prison medical care in this and other circuits. See, e.g., Todaro v. Ward, 431 F.Supp. 1129 (S.D.N.Y.), aff'd, 565 F.2d 48 (2d Cir.1977); Bishop v. Stoneman, 508 F.2d 1224, 1226 (2d Cir.1974); see also Palmigiano v. Garrahy, 443 F.Supp. 956, 973-76 (D.R.I.1977), aff'd, 616 F.2d 598 (1st Cir.), cert. denied, 449 U.S. 839, 101 S.Ct. 115, 66 L.Ed.2d 45 (1980); Inmates of Allegheny County Jail v. Pierce, 612 F.2d 754, 762-63 (3d Cir.1979); Newman v. Alabama, 349 F.Supp. 278 (M.D.Ala.1972), aff'd, 503 F.2d 1320 (5th Cir.1974), cert. denied, 421 U.S. 948, 95 S.Ct. 1680, 44 L.Ed.2d 102 (1975); Wellman v. Faulkner, 715 F.2d 269, 272 (7th Cir.1983), cert. denied, — U.S. —, 104 S.Ct. 3587, 82 L.Ed.2d 885 (1984); Holt v. Sarver, 309 F.Supp. 362, 380-84 (E.D.Ark.1970), aff'd, 442 F.2d 304 (8th Cir.1971), aff'd sub nom. Hutto v. Finney, 437 U.S. 678, 98 S.Ct. 2565, 57 L.Ed. 522 (1978); Hoptowit v. Ray, 682 F.2d 1237, 1252-54 (9th Cir.1982); Ramos v. Lamm, 639 F.2d 559, 574-78 (10th Cir.1980), cert. denied, 450 U.S. 1041, 101 S.Ct. 1759, 68 L.Ed.2d 239 (1981); cf. Bowring v. Godwin, 551 F.2d 44, 47 (4th Cir.1977) (determining right of plaintiff “(or any other prison inmate)” to medical treatment).

Moreover, defendants’ reliance on Estelle is misplaced. Estelle was an action brought by an individual inmate, on his own behalf, challenging the medical treatment he had received. Accordingly, the standards discussed therein perforce applied only to claims of individual mistreatment.

“[Djeliberate indifference to serious medical needs of prisoners” violates the Eighth Amendment. Estelle, 429 U.S. at 104, 97 S.Ct. at 291. This indifference “may occur on an individual level, such as when a doctor intentionally mistreats an inmate ...

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Bluebook (online)
107 F.R.D. 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dean-v-coughlin-nysd-1985.