The Legal Aid Society won the release of 51 individuals currently held at Rikers Island on non-criminal technical parole violations (i.e. missing a curfew, failing to report, or failing to notify their parole officer of an address change), as reported by CNN.

These individuals, by virtue of their age and/or underlying medical condition, are particularly vulnerable to serious illness or death if infected by COVID-19, and jail conditions make it impossible to protect them. The ruling comes just days after the deaths of Michael Tyson and Raymond Rivera, two New Yorkers who contracted COVID-19 while in the custody of the New York State Department of Correction and Community Supervision (DOCCS).

The lawsuit, the fourth complaint by Legal Aid, was filed in New York State Supreme Court, Bronx County and argued that continuing to hold these individuals on parole warrants constitutes deliberate indifference to the risk of serious medical harm in violation of the Fourteenth Amendment and the New York State constitutional right to due process.

“We applaud today’s ruling which will free more of our vulnerable clients held in custody on non-criminal technical parole violations from Rikers Island, the epicenter of Covid-19. If not for Governor Cuomo’s lack of action and leadership, these New Yorkers should have been released weeks ago back to their families and communities,” said Corey Stoughton, Attorney-in-Charge of the Special Litigation Unit with the Criminal Defense Practice at The Legal Aid Society.

“As long as Governor Cuomo and others in government continue to mishandle this unfolding humanitarian crisis at our jails and prisons, we will fervently utilize the court and litigate to secure our clients’ freedom,” she continued.