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The Legal Aid Society has filed a lawsuit on behalf of John Teixeira, who has been held in prison for more than 900 days after he was granted medical parole because the New York State Department of Corrections and Community Supervision (DOCCS) has failed in its obligation to investigate and approve appropriate housing for him, as reported by THE CITY.
Mr. Teixeira, who is 59 years old, has complex medical needs. He has suffered over ten heart attacks and needs a heart transplant. Legal Aid has presented DOCCS with 14 different locations that could properly accommodate these needs, but he remains incarcerated. One location was rejected because it was not located in the county in which Mr. Teixeira was convicted – a requirement that is based in neither law nor policy.
“We’ve pressed the department really hard to investigate those potential discharging locations commensurate with its statutory responsibility,” said Stefen Short an attorney with The Legal Aid Society who is representing Mr. Teixeira. “Based on what we understand, the department has not done any meaningful investigation of those locations.”
“He’s had an excellent record in prison,” Short continued. “And he’s ready to reintegrate into his community and contribute to community life. And that’s the professed purpose of the criminal legal system — to afford people that opportunity.