The Legal Aid Society and pro bono attorneys Michelle Sloss, James Johnston, Zi Lin and Scott Musoff celebrated a ruling in MacKenzie v. Jeffrey Tedford et. al. – recently filed litigation on behalf of a client currently incarcerated at Adirondack Correctional Facility who is especially vulnerable to COVID-19 by virtue of his age and debilitating health ailments, reports WNYC/Gothamist.

The lawsuit, initially filed as a habeas corpus action seeking Mr. MacKenzie’s release, was converted by the court into an Article 78 proceeding requiring that the New York State Department of Corrections and Community Supervision (DOCCS) provide Mr. MacKenzie the COVID-19 vaccine.

“This is a landmark decision. It sort of reifies what we’ve been saying for weeks, which is that our clients are uniquely susceptible and that the vaccination is an important step to protect them,” said Stefen Short, Supervising Attorney with the Prisoners’ Rights Project at The Legal Aid Society.

The court’s decision represents the first known ruling of its kind in New York State during this current pandemic.