The Capital Defense Unit was established in response to New York’s re-enactment of the death penalty.

In Clarkson v. Coughlin, Legal Aid established that the failure of the State Department of Corrections to accommodate the needs of incarcerated people with hearing impairment violated their constitutional rights and their rights under the federal Rehabilitation Act and the Americans with Disabilities Act.

In Grubbs v. Brown, Legal Aid challenged the conditions of pre-arraignment confinement for newly arrested persons and the failure to provide adequate medical treatment.