Call 212-577-3300
New York Supreme Court, New York County
Lisa Freeman Judith Stern Christine Bella
The Legal Aid Society filed a habeas petition seeking the release of all young New Yorkers between the ages of 13 and 17 detained by Family Courts in secure and non-secure detention facilities during the worst of the COVID-19 pandemic. We argued that their continued detention in the congregate facilities amounted to deliberate indifference to the risk of serious medical harm that they faced, in violation of the Fourteenth Amendment and their state constitutional right to due process. Through negotiations with Corporation Counsel, the release of all but one of the plaintiffs was secured, with the approval of the Family Court. While the state trial court refused to find that ACS was acting with deliberate indifference by continuing to detain a client in secure detention, it ordered ACS to immediately implement additional safety measures, including ensuring that personal protective equipment, including masks, were distributed and worn by all staff members, to increase its oversight of social distancing compliance, and to release clear guidelines regarding the cleaning of its facilities and transport vans.