United States District Court, N.D. New York
April 23, 2004.
DAVID DONHAUSER, Plaintiff, -v- GLENN S. GOORD, Commissioner of the New York State Department of Correctional Services; MARTHA E. YOURTH, CSW Guidance Specialist; DOMINIC MARTINELLI, Sex Offender Program Counselor; and S. CARTER, S.C.C., Oneida Correctional Facility, Defendants
The opinion of the court was delivered by: DAVID HURD, District Judge
On April 15, 2004, defendants' motion to dismiss the second amended
complaint was granted in part and denied in part. (Docket No. 79.)
Because plaintiff is likely to succeed on the merits of his claim that
his Fifth Amendment rights were violated with respect to the threatened
loss of good time credits as a result of his refusal to participate in
defendants' Sexual Offender Counseling Program, plaintiffs motion for a
preliminary injunction was granted. (Docket No. 80.) Particularly, "defendants
and persons acting under their [direction] and/or control [were] enjoined
from requiring a prisoner to divulge his or her history of sexual
conduct, including illegal acts for which no criminal charges have been
filed, in order to be eligible to participate in the Sexual Offender
Counseling Program." Id.
On April 21, 2004, defendants filed a notice of appeal of both
decisions with the Second Circuit Court of Appeals. (Docket No. 82.) The
following day, defendants filed a motion to stay the injunction and all
other proceedings in district court pending their appeal. (Docket Nos.
Upon consideration of defendants' submissions, it is
1. Defendants' motion for a stay is DENIED; and
2. The preliminary injunction is VACATED and AMENDED to read as
follows: defendants and persons acting under their direction and/or
control are enjoined from depriving a prisoner of good time credits
because of the prisoner's refusal to divulge a history of sexual conduct,
including illegal acts for which no criminal charges have been filed, in
order to be eligible for the Sexual Offender Counseling Program.
IT IS SO ORDERED.
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