The Legal Aid Society filed this class Article 78 proceeding to challenge the NYC Department of Correction’s (DOC) failure to provide people in custody access to medical care, resulting in thousands of missed medical appointments, unnecessary pain, worsening treatable conditions, and immense suffering.

In December 2021, the Bronx Civil Supreme Court held that DOC had failed to comply with its duty to provide incarcerated people with access to medical care. The Court ordered DOC to provide all of our class members with access to sick call on weekdays and make sick call available a minimum of five days per week within 24 hours of a request; to provide sufficient security to allow class members movement to and from health services in the jails; and not to prohibit or delay access to care, treatment, or medical or dental services.

In February 2022, Legal Aid and our co-counsel filed a motion for contempt against DOC for its failure to comply with the December court order. In May 2022, the Court found DOC in contempt. In June 2022, the Court found DOC had failed to purge contempt, but this finding was reversed by the Appellate Division, First Department in June 2023. In August 2024, Legal Aid and co-counsel again filed a motion to hold DOC in contempt for its continued failure to provide access to medical care. In April 2025, the court denied the second motion for contempt. The case is ongoing.