Call 212-577-3300
Southern District of New York
Christine Bella Theresa Moser Lisa Freeman Beth Hofmeister
Orrick, Herrington & Sutcliffe LLP
The Legal Aid Society brought a class-action lawsuit on behalf of children who were held in Office of Children and Family Services (OCFS) limited secure placement centers to challenge a pattern and practice of unconstitutional and excessive force and the State’s failure to provide them with legally required mental health care. OCFS staff routinely used the prone restraint technique, restraining a child face down on the ground with at least two adult staff members holding them down and putting pressure on the child’s body while the child’s hands were held or handcuffed behind their back.
In 2013, we entered into a settlement agreement in which OCFS agreed to policy changes to reduce staff use of force used on children, including ending the use of prone restraints except as a transitional hold. The settlement also provided for comprehensive mental health services and the establishment of a quality assurance system to ensure that OCFS policies and procedures are followed. Monitoring of compliance with the settlement ended in 2018.