This lawsuit challenged a policy of holding all people accused of parole violations in jail while waiting for a hearing to determine their guilt or innocence. The lawsuit demanded the opportunity for the release of over a thousand people jailed in New York City jails for alleged parole violations, often for something as small as failing to register a new address, reporting a change in employment, or for missing a meeting with their parole officer. In 2022, while the case was on appeal in the Second Circuit, the case was mooted by New York’s enactment of the Less is More Act, which ended the practices challenged in the lawsuit. (Corey Stoughton, Phil Desgranges)
Brief and Special Appendix

The ligation challenges the state prison system’s practice of holding sex offenders beyond the expiration dates of their prison sentences and months into their periods of “post-release supervision” solely because they cannot find a place to live that’s more than 1000 feet from “school grounds,” something that’s nearly impossible in densely populated New York City. Following a partial grant of summary judgment to the State of New York, this case is awaiting a decision on an application for leave to appeal to the Court of Appeals. This case was brought with co-counsel at Willkie Farr & Gallagher LLP, and Prisoners’ Legal Services of New York. (Robert Newman)
Brief 

This case was a federal class action brought along with Paul, Weiss, Wharton, Rifkind and Garrison and the NAACP Legal Defense Fund, to end a longstanding practice of unconstitutional stops, searches and false arrests of NYC public housing residents and their guests. The action was settled in 2013 by placing the policing of NYCHA Housing under the supervision of a Federal Monitor. The ongoing monitoring process has produced substantial revisions to NYPD training and regulations, including a requirement that all walk through patrols of NYCHA hallways be recorded on body cameras. (Corey Stoughton, Steve Wasserman, Molly Griffard, Jennvine Wong)
Decision

This case challenges the NYPD’s practice of arresting people for lower-level offenses that, under state law, are non-arrestable offenses subject only to the issuance of an appearance ticket. The case was filed in 2021 with co-counsel at Debevoise & Plimpton LLC. (Corey Stoughton, Marlen Bodden)
Complaint

This lawsuit against the Mayor of New York, the Police Commissioner, the City of New York, and several individual police officers challenges the indiscriminate brutalizing and unlawful arrest of peaceful protesters during the protests following the police killing of George Floyd. The suit addresses retaliation against New Yorkers for showing their support of Black lives and demanding an end to police violence. The suit claims the Mayor and City instituted a de facto policy allowing individual officers to violently target protesters by repeatedly approving forceful deployments and refusing discipline or repercussions for blatant officer misconduct. (Corey Stoughton, Jennvine Wong, Rigodis Appling)
Complaint

This lawsuit challenges the City of New York’s maintenance of a rogue DNA database, outside the confines of New York State’s regulated DNA database, where the DNA of people not convicted of any crime, including young people’s DNA, is stored. The lawsuit challenges the process of collecting and storing this DNA as a violation of the Fourth Amendment, as well as of state laws limiting and regulating the collection and maintenance of DNA records.

The Legal Aid Society, Willkie Farr & Gallagher LLP, and Freshfields Bruckhaus Deringer LLP reached a settlement in Ciaramella v. Zucker – a federal class action lawsuit brought against the New York State Department of Health on behalf of Medicaid recipients in New York who were denied coverage for medically necessary dental care by New York State. The settlement will affect roughly five million individuals statewide. Most significantly, it ends the strict limit denying coverage for crowns and root canals to individuals with more than four pairs of teeth, an archaic policy not aligned with modern US dental practice.(Belkys Garcia, Rebecca Novick, Judith Goldiner)
Complaint, Amended Complaint

A challenge to the New York State Department of Health and a managed health care company, Healthfirst, was brought on behalf of Medicaid recipients who were denied a request for an increase in homecare services they needed in order to live in their homes and communities with with co-counsel Winston & Strawn The case was settled. Formal monitoring of compliance with the settlement ended in 2021. (Belkys Garcia, Rebecca Novick, Judith Goldiner)
Complaint

A class action litigation brought with Willkie Farr & Gallagher LLP and The Sylvia Rivera Law Project filed in 2014 challenging a New York State ban on Medicaid coverage for gender affirming care. In 2016, New York state was ordered to remove all restrictions on Medicaid coverage for gender affirming care for Medicaid recipients regardless of age. (Belkys Garcia)

We are vigorously resisting efforts by the Adams administration to use the recent migrant influx as an excuse to undermine the right to shelter for homeless men and women arising from the landmark 1981 consent order in this case. We reached a settlement with the City that preserves the right to shelter for all New Yorkers, including recent arrivals, and creates procedures for new migrants to seek continuing help while they apply for asylum and seek employment and permanent housing. (Joshua Goldfein, Kathryn Kliff, Stephanie Rudolph, Judith Goldiner)
Judgment

The federal court rejected the City of Newark’s effort to prohibit New York City from settling homeless families within its boundaries, upholding our clients’ constitutional right to travel.  The subsequent settlement preserves New York City’s ability to place homeless clients in Newark apartments. (Josh Goldfein)

Case filed with co-counsel Paul, Weiss, Rifkind, Wharton & Garrison LLP against scatter site landlord on behalf of homeless residents and rent-regulated tenants against landlord and “social service provider” for violating the residents and tenants’ rights under rent regulation and failing to maintain decent conditions. Landlord’s motion to dismiss granted, but over 60 families have been able to remain in their apartment pending a final decision on appeal. A companion case, Delgado v. We All Care, settled with lifetime tenancy rights for our clients.  (Ryan Eustace, Anne Meixell)

Class action case brought against the Department of Social Services for discriminating against homeless people with disabilities with co-counsel White & Case LLP. The City agreed to place disabled clients in appropriate settings, including private rooms, and monitoring of compliance with the settlement is ongoing. (Joshua Goldfein, Kathryn Kliff, Judith Goldiner)
Stipulation of Settlement 

In December 2013, The Legal Aid Society, along with pro bono co-counsel Patterson Belknap Webb & Tyler, LLC, filed C.W. v. The City of New York, a federal class-action lawsuit on behalf of runaway and homeless youth (RHY) ages 16 through 20 in New York City. The lawsuit sought to create a right to youth shelter, increase the number of beds and services available to RHY, ensure homeless youth with disabilities are afforded reasonable accommodations in accessing youth shelter and services, and establish due process protections for class members facing involuntary discharge from shelter. After years of litigation and extensive discovery, the parties settled and a federal judge approved the stipulation of settlement, the terms of which became effective in early 2021. Among other things, the settlement provides shelter to all 16 and 17 year olds who seek it; ensures that the City will maintain an adequate number of youth shelter beds; increases access to mental health services for RHY; and establishes due process procedures for RHY facing involuntary discharge from shelter. In addition to the terms of settlement, the C.W. team’s advocacy contributed to a 500 plus increase in the number of beds available to the class — nearly tripling the total number of beds – as well as the passage by the New York City Council of a slate of bills increasing both the amount of time RHY can reside in shelter as well as the age range of eligibility for shelter and services following amendments made to the NYS Runaway and Homeless Youth Act. C.W. was a collaboration between the Juvenile Rights Special Litigation and Law Reform Unit, the Homeless Rights Project, the LGBTQ+ Law and Policy Unit, and the Civil Law Reform Unit.(Beth Hofmeister, Judith Goldiner, Theresa Moser, Lisa Freeman)
Amended Complaint, Approved Settlement

Class action seeking relief for homeless families (with children and adult couples) who are denied shelter because of purported availability of other housing in housing with eligibility restrictions, including public housing, which is not available to them. (Joshua Goldfein, Beth Hofmeister, Judith Goldiner)

Case brought to ensure the right to shelter for homeless families. Case settled and is currently being monitored for compliance. (Judith Goldiner, Beth Hofmeister, Joshua Goldfein, Kathryn Kliff)
Judgment

In 2023, the City Council passed historic legislation extending housing subsidies to thousands of families, many of them elderly or disabled, who are facing eviction from below-market apartments that they cannot afford on their very limited fixed incomes. When Mayor Adams refused to implement the law, we filed suit in January 2024 together with the City Council. Following a misguided dismissal by the trial court, we are pursuing an appeal that should be decided in early 2025.

The Legal Aid Society together with LSNYC represent tenant groups intervening in a case brought by Queens landlords seeking to speed up housing court case processing times and curtail tenant protections. Motions to dismiss are pending.

Landlords sued City and State alleging that rent stabilization is a taking and violates their due process. Tenant and homeless groups, with co-counsel Selendy & Gay PLLC, LSNYC, have intervened, all five cases were dismissed at the trial level and at the Second Circuit.  Three of  the landlords’ petitions for certiorari have been denied bythe US Supreme Court, and we are opposing the remaining two applications that will be ruled on in the fall of 2024. (Ellen Davidson, Ed Josephson, Judith Goldiner)

Related matters:

• 74 Pinehurst et al. v. City et al., CV 06447 (EDNY)
  Group of landlords sued saying rent stabilization is an as-applied taking. Dismissed by Second Circuit, cert petition denied..
• 335-7 et al v. State of New York et al., CV 01053 (SDNY)
  New group of landlords sued claiming the 2019saying new rent stabilization amendments constituted law is a taking. Dismissed by Second Circuit, cert petition denied.Our motion to intervene was granted. A motion to dismiss has been filed
• Building & Realty Institute of Westchester and Putnam Counties et al v. State of New York and HCR, CV 11285 (SDNY)
  Group of landlords in Westchester sued saying rent stab is an as-applied taking. Dismissed by Second Circuit, cert petition pending.

Group action to enjoin illusory tenancy scheme creating illegal rooming houses in dozens of rent stabilized apartments. Discovery is proceeding, while apartment residents remain in their homes.

Legal Aid, together with the firm Handley, Farah and Anderson, PLLC, filed suit against 88 defendant owners and real estate brokers alleging violations of the Fair Housing Act, the New York State Human Rights Law and the New York City Human Rights Law. Specifically, we allege that the Defendants’ policy of refusing to rent apartments to prospective tenants because they plan to use a Section 8 voucher to cover a portion of the rent constitutes unlawful discrimination based on source of income under State and City law. We further allege that these refusals disproportionately fall on Black, Hispanic and disabled applicants in violation of the Fair Housing Act.

HRI is a national nonprofit group that promotes tenants’ rights to fair and affordable housing which employs testers who pose as potential tenants with Section 8 vouchers when contacting landlords and brokers.

In an important decision, the Court denied various Defendants’ motion to dismiss, upholding HRI’s standing to bring the action and holding that HRI adequately stated claims for disparate treatment and disparate impact discrimination under the FHA. The parties are currently in the discovery phase. Additionally, many Defendants have entered into settlement agreements that include programmatic changes such as adopting non-discrimination policies, employee training, auditing, compliance testing and reporting. (Robert Desir, Lilia Toson)

Legal Aid, together with the firm Handley, Farah and Anderson, PLLC, filed this case on behalf of HRI, alleging that defendant landlords’ and brokers’ policy of applying artificial and unnecessary minimum income requirements to prospective tenants with vouchers has the effect of barring nearly all such applicants from securing housing in Defendants’ properties and therefore violates local and state anti-discrimination laws. The parties are currently pursuing non-binding mediation. (Robert Desir, Lilia Toson)

Source of Income discrimination case against Bronx landlord who reneged on offers to Safe Horizon Streetwork clients with Section 8 vouchers. Case settled with apartments for plaintiffs and for other SH and LAS clients, plus damages and attorney fees. (Stephanie Rudolph)

Complaint filed against Parkash, a large landlord in Bronx, for refusing to accept our client’s Section 8 voucher. Currently in discovery. (Robert Desir)

In October 2022, we sued the NYC Department of Buildings and the NYS Division of Housing and Community Renewal based on their failure to protect tenants who have been displaced due to fires or other catastrophes. Although rent stabilized landlords may not reconfigure apartments without permission from DHCR, many landlords take advantage of vacate orders to rearrange apartment layouts in hopes of discouraging their tenants from returning. The Department of Buildings, in violation of law, rubber-stamps landlord’s construction plans without verifying that DHCR has approved the new layouts. Although the court dismissed our claims against the City, we will pursue legislative solutions to this ongoing problem.

Class action lawsuit brought with co-counsel Wilkie, Farr and Gallagher LLP against the New York City Housing Authority for failing to provide rent abatements due to NYCHA’s failure to provide heat and hot water in the winter of 2018. The trial court granted NYCHA’s motion to dismiss. On appeal, the First Department unanimously vacated the trial court’s judgment, reinstated the cause of action for breach of the warranty of habitability, and granted plaintiffs’ motion for certification of a “damages class.” The First Department noted that “NYCHA conceded that 80% of its housing units experienced heat and/or hot water outages during the relevant period, which demonstrates that the problems that affected each class member were system-wide,” and that “class action treatment is the most efficient method for adjudicating the claims of class members who lack the resources to bring individual actions for the small recovery they might obtain.” A settlement is expected in the near future. (Lucy Newman)
Decision

Class action filed, with co-counsel Milbank LLP, against landlord who failed to treat tenants as rent-stabilized while in receipt of J-51 tax benefits. The case has resulted in two appellate decisions expanding tenants’ ability to challenge fraudulent rent overcharges, and discovery is ongoing. (Ellen Davidson, Amee Master)

Landlords brought a case against regulations promulgated by the New York State Department of Housing and Community Development. Motion to intervene on behalf of tenant organizations, filed with Patterson Belnap Webb & Tyler LLP and LSNYC, was granted. Dismissal of the landlords’ case was affirmed by the Appellate Division, Second Department. (Ellen Davidson)

Class action brought with co-counsel Skadden Arps against the New York City Housing Authority for failing to give due process and to accommodate tenants with mental disabilities in NYCHA’s termination of tenancy proceedings. Case settled requiring guardians ad litem to be appointed in appropriate cases at termination of tenancy proceedings and NYCHA to provide notice to housing court where the tenant lack competence. Counsel are monitoring compliance with settlement. (Lucy Newman, Judith Goldiner)

Complaint filed against ICE for making civil arrests against immigrants on their way to and from the NYS courts.  Filed with Cleary Gottlieb Steen and Hamilton as related to NY State and Brooklyn District Attorney v. ICE.  The court denied the defendants’ motion to dismiss. The case is ongoing. (Susan Cameron, Susan Welber)
Complaint

Along with co-counsel Paul, Weiss, Rifkind, Wharton & Garrison LLP and the Center for Constitutional Rights, we filed a complaint and motion for a preliminary injunction challenging the U. S. Dep’t of Homeland Security’s Public Charge Ground of Inadmissibility final rule. While the district court granted the Plaintiffs’ preliminary injunction, the injunction is currently stayed by the Supreme Court and is pending before the Second Circuit. Plaintiffs subsequently moved for a preliminary injunction for the duration of the Covid-19 pandemic emergency, which was granted, but stayed by the Second Circuit. That preliminary injunction is pending before the Second Circuit. The SDNY denied the Defendants’ MTD, and discovery is ongoing. (Susan Welber, Susan Cameron, Kathleen Kelleher)
Complaint, Motion for Preliminary Injection

Along with co-counsel Paul, Weiss, Rifkind, Wharton & Garrison LLP, the Center for Constitutional Rights, and the National Immigration Law Center, we filed a complaint and motion for a preliminary injunction challenging the Presidential Proclamation No. 9945 entitled “Presidential Proclamation on the Suspension of Entry of Immigrants Who Will Financially Burden the United States Healthcare System,” the U.S. Department of State’s interim final rule, Visas: Ineligibility Based on Pubic Charge Grounds, and the 2018 revisions to the Department of State’s Foreign Affairs Manual. The SDNY granted the plaintiffs’ motion for a preliminary injunction and denied the Defendants’ MTD. The litigation is ongoing. (Susan Welber, Susan Cameron)

Complaint filed with Bronx Defenders, Brooklyn Defenders, Wilmer Hale LLP, Debevoise & Plimpton LLP against ICE’s use of video conferencing which is interfering with attorney-client privilege.  Motion to dismiss by ICE granted.  After a motion under CLPR 59(e) to reinstate plaintiffs’ bond hearing and count six pending, the court declined to reconsider some of the claims and is staying a decision in others. (Jennifer Williams, Julia Dona)
Opinion and Order

A joint project of the Civil Law Reform Unit, the Immigration Law Unit, and the Juvenile Rights Special Litigation and Law Reform Unit, this federal class action lawsuit, brought with co-counsel Latham & Watkins LLP, successfully challenged the US Citizenship & Immigration Services’ (USCIS) change of policy that resulted in denials of Special Immigrant Juvenile Status (SIJS) petitions submitted by 18-21 year-olds in New York State. SIJS status provides a path to citizenship for some undocumented young people. As a result, thousands of SIJS petitions are being re-adjudicated. Monitoring of the judgment is ongoing. (Beth Krause, Julie Dona, Amy Pont, Christina Romero, Liz Rieser-Murphy, Theresa Moser, Lisa Freeman)
Amended Complaint, Opinion and Order, Amended Judgment

With the assistance of pro bono counsel Kasowitz Benson Torres LLP, The Legal Aid Society filed an amicus before the Second Circuit, joined by Lawyers For Children and the Children’s Law Center, on behalf of appellants in April. This amicus calls for the Second Circuit to reject the District Court’s application of the law in its decision denying class certification.  As the class at issue is all children in foster care in New York City, the Second Circuit’s determination will likely have a broad impact on our ability to bring class action litigation on behalf of our clients. The appeal is fully briefed. (Lisa Freeman, Kate Wood)

Along with Lawyers For Children and the Legal Aid Bureau of Buffalo, The Legal Aid Society brought a challenge as organizational plaintiffs pursuant to CPLR Article 78 to regulations adopted by the NYS Office of Children and Family Services establishing a Host Homes Program. Proskauer Rose LLP is serving as pro bono counsel on this lawsuit, filed on April 5, 2022.  These regulations effectively create a shadow foster care system without any of the procedural protections that children and their parents are due under state law.  Under this program, a child could be voluntarily placed by their parents into a “Host Home,” where they could languish for years.  They would not be entitled to speak with a lawyer, nor would the family be given any needed supports to facilitate reunification.  Defendants filed a motion to dismiss, which was fully briefed and argued.  We await a decision by the Court. (Lisa Freeman, Kimberly Schertz)

Along with Dechert LLP, JRP SLLRU brought this federal class action lawsuit challenging the State and City’s denial of kin foster and adoptive homes to children under its custody and supervision. Our clients are routinely denied safe, loving and familiar kin foster and adoptive homes because of the kin caregiver’s criminal history or records on the state registry of maltreatment. This history can be decades old and have no bearing on the relative’s current ability to care for the child. These denials have grim consequences: children who could have been placed with family are thrust into stranger foster care or institutional group care, or are deprived of necessary services and support. This practice only serves to magnify the trauma of parental removal children experience in foster care and leaves children unnecessarily vulnerable. The complaint was filed November 2021. State and City Defendants have filed motions to dismiss which are now fully briefed and we await the Court’s decision. (Kate Wood, Lisa Freeman, Kimberly Schertz)
Complaint

The Legal Aid Society drafted and filed an amicus brief that MFJ, NYLPI, Lawyers For Children, Children’s Law Center and Brooklyn Defender Services joined in this appeal to the Second Circuit. The District Court dismissed this challenge to the failure of NYC DOE to establish system-wide practices to provide compensatory educational services to kids in NYC for failure to exhaust administrative remedies. The appeal is fully briefed. (Lisa Freeman, Melinda Andra, Anna Blondell)

In December 2013, The Legal Aid Society, along with pro bono co-counsel Patterson Belknap Webb & Tyler, LLC, filed C.W. v. The City of New York, a federal class-action lawsuit on behalf of runaway and homeless youth (RHY) ages 16 through 20 in New York City. The lawsuit sought to create a right to youth shelter, increase the number of beds and services available to RHY, ensure homeless youth with disabilities are afforded reasonable accommodations in accessing youth shelter and services, and establish due process protections for class members facing involuntary discharge from shelter. After years of litigation and extensive discovery, the parties settled and a federal judge approved the stipulation of settlement, the terms of which became effective in early 2021. Among other things, the settlement provides shelter to all 16 and 17 year olds who seek it; ensures that the City will maintain an adequate number of youth shelter beds; increases access to mental health services for RHY; and establishes due process procedures for RHY facing involuntary discharge from shelter. In addition to the terms of settlement, the C.W. team’s advocacy contributed to a 500 plus increase in the number of beds available to the class — nearly tripling the total number of beds – as well as the passage by the New York City Council of a slate of bills increasing both the amount of time RHY can reside in shelter as well as the age range of eligibility for shelter and services following amendments made to the NYS Runaway and Homeless Youth Act. C.W. was a collaboration between the Juvenile Rights Special Litigation and Law Reform Unit, the Homeless Rights Project, the LGBTQ+ Law and Policy Unit, and the Civil Law Reform Unit.(Beth Hofmeister, Judith Goldiner, Theresa Moser, Lisa Freeman)
Amended Complaint, Approved Settlement

A joint project of the Juvenile Rights Special Litigation and Law Reform Unit, Civil Law Reform Unit, and the Immigration Law Unit, this federal class action lawsuit, brought with co-counsel Latham & Watkins LLP, successfully challenged the US Citizenship & Immigration Services’ (USCIS) change of policy that resulted in denials of Special Immigrant Juvenile Status (SIJS) petitions submitted by 18-21 year-olds in New York State. SIJS status provides a path to citizenship for some undocumented young people. As a result, thousands of SIJS petitions are being re-adjudicated. Formal monitoring has now ended. (Beth Krause, Julie Dona, Amy Pont, Christina Romero, Liz Rieser-Murphy, Theresa Moser, Lisa Freeman)
Amended Complaint, Opinion and Order, Amended Judgment

Along with Arnold & Porter LLP, we represent Intervenor Y.C.T. in this Hague Convention case filed by Y.C.T.’s father seeking her return to Guatemala. Plaintiff and intervenors’ motions to dismiss were granted, and the case was dismissed with prejudice by the District Court. Teller then filed an appeal, which was also dismissed. (Theresa Moser, Lisa Freeman)
Complaint, Judgment

Along with Davis, Polk and Wardwell LLP, and Lawyers For Children, JRP SLLRU brought and settled a state court class action lawsuit challenging the failure of the NYC Administration for Children’s Services (ACS) to ensure that youth aging out of foster care had stable housing and were not being discharged to homelessness. As a result of the settlement, ACS developed new policies extending the placement in foster care of some youth past the age of 21, increased training to its contract foster care agencies, developed new tracking practices, and took over supervision of youth discharged to independent living prior to their 21st birthday. Formal monitoring of compliance with the settlement ended in 2017. (Karen Gutheil, Beth Hofmeister, Lena McMahon, Courtney Camp, Jayne Cooper, Lisa Freeman)
Approved Settlement Stipulation, Approved Order and Final Judgment

Along with Patterson, Belknap, Webb & Tyler LLP, SLLRU brought this federal class-action lawsuit challenging the failure of NYC Administration for Children’s Services (ACS) to provide children in its custody in acute care psychiatric hospitals with adequate discharge planning and prompt discharge to the least restrictive setting. The parties reached a settlement requiring the development of new policies and the creation of the ACS Mental Health Coordination Unit (MHCU) responsible for tracking these children and providing technical assistance to foster care agencies. Monitoring of compliance concluded in 2016. For more information, contact Lisa Freeman.
Complaint, Stipulation and Order of Settlement

Along with Orrick, Herrington & Sutcliffe LLP, LLP, JRP SLLRU brought and settled a federal class-action lawsuit on behalf of 14 named plaintiffs and the class of all youth adjudicated as juvenile delinquents and placed in certain facilities run by the Office of Children and Family Services (OCFS). The settlement provided damages to the named plaintiffs and required OCFS to implement policies to reduce the use of force and physical restraints against residents, including an end to the use of prone (face down on the floor restraints) and a requirement that restraints be used only as a last resort. 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 in fact being followed. Monitoring of compliance with the settlement ended in 2018. (Christine Bella, Lisa Freeman, Theresa Moser)
Amended Complaint, Stipulation of Settlement

Along with Dewey Ballantine LLP and Advocates For Children, JRP SLLRU and CDP brought this federal class action lawsuit challenging educational practices of the NYC Department of Education (DOE) and the NYS Education Department for youth in or exiting court-ordered settings. The parties settled the claims, requiring that NYC DOE, among other things, the timely and appropriately re-enroll youth in school upon their return, including the timely development of an Individual Education Plan (IEP), and a review the transcripts of returning high school students to determine what credit will be awarded. Monitoring of the claims against NYC DOE terminated in 2016. For more information, contact Lisa Freeman.
Amended Complaint, Report and Recommendation, Amended Order

One of the most pressing problems undermining successful reentry after incarceration for people with serious mental health needs is the lack of housing and community-based mental health services and supports.  PRP and co-counsel Disability Rights New York and Paul, Weiss, Rifkind, Wharton & Garrison LLP brought this case on behalf of several homeless people with serious mental illness who are being held in New York state prison past their release dates because they require community-based mental health housing upon release, but none is available.  The suit seeks an injunction requiring New York State to provide these individuals with the supportive services they need.  (Robert Quackenbush, Stefen Short, Veronica Vela)
Complaint, Amended Complaint

This is a putative class action on behalf of all women incarcerated in the New York State prison system, filed together with Debevoise & Plimpton LLP.  It challenges sexual abuse by correction officers and the failure of prison authorities to investigate allegations of sexual abuse thoroughly and to discipline staff who have sexually abused incarcerated people.  The case seeks reform of the oversight and investigation of sexual abuse in prisons statewide.  We have also represented individuals in separate actions against their abusers for the injuries caused by the sexual assault.  (Dori Lewis, Veronica Vela)
Complaint

Jairo Polanco Muñoz, a 24-year-old homeless man with a long history of serious psychiatric illness, was jailed in New York City because he could not pay the $750 bail on charges for stealing a phone in a donut shop.    Within three days, he died by suicide, after medical and correctional authorities ignored their own suicide prevention protocols and knowledge of his serious risks and prior suicidal behavior in City jails.  Together with O’Melveny & Myers LLP and Myers and Skadden, Arps, Slate, Meagher & Flom LLP, PRP represents his surviving mother in a lawsuit against the City and the Health and Hospitals Corporation and in estate proceedings.  (Robert Quackenbush, Stefen Short, Veronica Vela)
Complaint

This suit under the Americans with Disabilities Act and the Rehabilitation Act sought to redress the New York State prisons’ failure to accommodate the disabilities of legally blind and severely visually impaired people in their custody. DOCCS made substantial improvements pursuant to a settlement agreement.  (Veronica Vela)

This class action challenging systemic brutality by staff against people incarcerated in New York City jails resulted in a landmark consent decree mandating significant reforms in the use of force practices in the City jails.  (Mary Lynne Werlwas, Kayla Simpson, with Emery Celli Brinckerhoff and Abady)
Complaint, Consent Decree, Monitor Reports

PRP challenged the inadequate mental health care in the state prison system. Incarcerated people were being kept in 23-hour solitary confinement for behavior caused or aggravated by their mental illness, and a “revolving door” syndrome in which people who decompensated in isolated confinement were psychiatrically committed but then returned to solitary. Together with Disability Advocates, Inc. and Davis, Polk & Wardwell LLP, we crafted a settlement that expanded treatment programs and mitigated the use and severity of isolated confinement for people with mental illness. Many of the protections of the settlement agreement have been incorporated into state statutes. For more information, contact Stefen Short.
Complaint, Settlement

This class action challenged the failure to accommodate people with hearing disabilities who are incarcerated in New York state prisons.  The court entered a consent judgment spelling out measures to provide proper accommodations for class members.   PRP continues to enforce compliance with the judgment and ensure that people with hearing disabilities receive the services and accommodations they need in state prison.  (Stefen Short, Veronica Vela)

When PRP brought this lawsuit to secure high school education for youth incarcerated in New York City’s adult jails, only about 40% of the eligible youth attended school in jail.  After the federal court found that New York City was violating these children’s constitutional and statutory rights, it entered successive injunctions to force the City to provide these high schoolers with their education.  As a result of the litigation, school attendance increased to about 90%.  With Paul, Weiss, Rifkind, Wharton & Garrison LLP, we continue to enforce these decrees so that no child is deprived of a high school education due to incarceration in New York City. (Dori Lewis, Stefen Short, Mary Lynne Werlwas)
Complaint, Opinion 2000, Opinion 2002

The Prisoners’ Rights Project is regularly involved in litigation and non-litigation advocacy to ensure that mothers who give birth to children while incarcerated are not separated from their infants for at least the first year, if that is in the best interest of the child.  After PRP brought a class action in Earth v. Koch, Index No. 44549/83 (N.Y. Supreme Court), challenging New York City’s separation of newborn children from their mothers in violation of state correction law, the Department of Correction established a nursery facility on Rikers Island.  The State prison system also has a nursery program. We assist women in both City custody and in State prison in securing access to their nursery programs so they may parent their newborn children as the law provides.  (Dori Lewis)

This action challenged excessive force and violence against incarcerated people in the Correctional Institution for Men (now the Eric M. Taylor Center), the City’s jail for people serving misdemeanor sentences on Rikers Island.  After a lengthy trial, the court found that the pervasive violence violated the Cruel and Unusual Punishments Clause of the Eighth Amendment.  The lower court entered an injunction, affirmed on appeal.  In 2016, the parties agreed that the provisions of the Fisher judgment concerning use of force would be supplanted by the more stringent use of force relief in the Nunez litigation (see above).  Other provisions remain in effect.  (Veronica Vela, Dale Wilker)

These consolidated class actions challenge a broad range of inhumane conditions and practices in the entire New York City jail system, including overcrowding, fire risks, sanitation deficiencies and extreme temperatures.   They were resolved by comprehensive consent decrees, most of which became the basis for Department of Correction policy ever since.  Many of the decrees were terminated by the Prison Litigation Reform Act of 1996, which was upheld against PRP’s constitutional challenges.  An independent monitor, the Office of Compliance Consultants, was created, and PRP continues to enforce orders relating to sanitation, temperatures, lighting and fire safety in the jails.  (Robert Quackenbush, Veronica Vela, Mary Lynne Werlwas, Dale Wilker)

In this path-breaking complaint, PRP represents a transgender woman who was housed in male jails on Rikers Island following her shoplifting arrest, and sought placement instead in a women’s facility.   The complaint filed with the NYC Human Rights Commission alleges discrimination in her housing at Rikers Island in violation of the housing, public accommodation and disability protections in the NYC Human Rights Law. (Dori Lewis, Robert Quackenbush)

Class action brought with Dechert LLP seeks to end outrageous delays in processing applications and renewals in food stamp and cash assistance cases.  Current statistics show City is violating federal and state deadlines in 72 percent of cases.  An interim settlement requires the City to achieve compliance by March 2024. (Katie Kelleher, Anne Callegy, Camille Zentner, Rachel Clapp, Ed Josephson)

Class action filed with Hughes, Hubbard, Reid, challenges illegal termination of City rent subsidies. City has now restored benefits for most clients who were wrongly terminated, and will be adopting procedures to prevent problems from recurring. (Emily Lundgren, Susan Bahn, Ed Josephson)

Class action filed with Freshfields, Bruckhaus, Deringer US LLP, seeks reimbursement of food stamp benefits lost through card “skimming” scams.  Recent federal law allows up to two months’ reimbursement for clients who lost benefits after October 2022, but our case seeks relief for clients not covered by the law. (Alex MacDougall, Susan Welber, Ed Josephson)

In late 2023, we moved to enforce the 2005 court order in this case, based on the City’s failure to timely provide emergency SNAP benefits following the transition to on-line applications during COVID. HRA is now providing emergency SNAP within the mandatory 7 days, and we are seeking more timely action on other emergency benefits.

State court class-action was brought with co-counsel Kramer Levin on behalf of recipients of public assistance and food stamps who have been sanctioned based on inadequate notices alleging a failure to comply with employment-related requirements. Case settled and monitoring is ongoing. (Camille Zentner, Les Helfman)

Class action case was brought with co-counsel Milbank LLP concerning the rights of public assistance recipients with disabilities to access and maintain their benefits. Case settled and settlement has been extended through 2026. Monitoring is ongoing. (Kathleen Kelleher, SusanWelber)
Amended Complaint, Settlement