The Legal Aid Society, through litigation brought earlier this week, secured the release of 16 incarcerated New Yorkers especially vulnerable to COVID-19 from pretrial detention or on a parole violation hold at Rikers Island. 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, according to the New York Daily News.

New York State Supreme Court Justice Mark Dwyer found that Legal Aid made the necessary initial showing establishing a Constitutional violation. Justice Dwyer also stated that the City and the State had so far failed to mitigate the spread of COVID-19 at local jails and that further action was necessary. Justice Dwyer gave the Legal Aid Society leave to renew applications for release on an additional nine individuals, suggesting that he may release these additional people if Legal Aid provides further information to the court tomorrow.

“This ruling is a substantial step forward towards getting our clients off Rikers Island, out of harm’s way, and back home with their families. New York City’s jails have now emerged as the epicenter in the United States for COVID-19. We will not quit until all of our clients are safely released from custody,” said Corey Stoughton, Attorney-in-Charge of the Special Litigation Unit with the Criminal Defense Practice at The Legal Aid Society.