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NY State Pays $3 million to Family of Disabled Boy Abused at Group Home

The State of New York has paid $3 million to the family of a developmentally disabled boy who was repeatedly sexually assaulted and abused by an employee at the State-run group home near Utica where he lived. The abuse took place over multiple years, and was discovered after photos and videos the abuser, Steven DeProspero, had made of the assaults were found on his computer. DeProsepero is currently incarcerated under both state and federal convictions for crimes related to the abuse.

ECBA attorneys Ilann MaazelAndrew G. Celli, Jr., and Ali Frick represented the boy’s family. As Mr. Celli told the AP, “This is a case where you had someone who really was evil. But what failed here was the system. You have to have systems in place to ensure the safety of children who have needs, and they just fell down on the job here.”

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ECBA Obtains Class Certification for Challenge to NYC’s Policy of Detaining Immigrants

The Bronx Supreme Court granted ECBA’s motion for class certification of a case challenging New York City’s practice of imprisoning people at Rikers Island based on requests by federal immigration authorities prior to December 21, 2012. The case, Onadia v. City of New York, 0300340/2010, alleges that the City had no basis to imprison the thousands of class members who were held for days and even weeks past their scheduled release date based on these immigration requests. For more information see the New York Law Journal’s coverage; you can also read the decision here. The class is represented by ECBA attorneys Matthew Brinckerhoff and Debbie Greenberger and co-counsel Ameer Benno.

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ECBA Leads Historic Recount Litigation on Behalf of Jill Stein in Michigan, Wisconsin, and Pennsylvania

In the first ever legal effort to challenge election results in multiple jurisdictions for a Presidential contest in the United States, ECBA is representing Jill Stein and her campaign in election integrity efforts and attempts to obtain recounts in three states: Michigan, Wisconsin, and Pennsylvania.  Stein filed petitions for recount in Michigan and Wisconsin, and mobilized voters to seek recounts in Pennsylvania.  ECBA has litigated various state and federal actions to pursue those recount requests.  The most recent information and filings concerning the rapidly-changing developments in the three states are available here for Pennsylvania, here for Michigan, and here for Wisconsin.

ECBA attorneys Jonathan S. Abady, Matt D. Brinckerhoff, Andrew G. Celli, Jr., Ilann Maazel, Elizabeth Saylor, Debra L. Greenberger, Ali Frick, David Lebowitz, Hayley HorowitzDoug Lieb, Alanna Small, and Jessica Clark are the lawyers litigating these efforts.

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Bronx Defenders honors ECBA and Morrison & Foerster as Pro Bono Partners of the Year

Emery Celli Brinckerhoff & Abady, along with Morrison & Foerster, have been named as the Bronx Defenders’ Pro Bono Partners of the Year for their work to end court delays in the Bronx Criminal Court.  You can read more about the class action lawsuit, Trowbridge v. Cuomo, here.

 

 

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City Agrees to Pay $6 million to Settle Wrongful Conviction Suit

The City of New York has agreed to pay $6 million to Derrick Deacon, a man who spent over twenty years in prison for a murder he did not commit. Mr. Deacon was initially convicted in 1989 as the result of egregious misconduct by law enforcement and prosecutors. After new evidence came to light showing that Mr. Deacon was not the perpetrator, he was granted a retrial and acquitted in minutes. This suit, filed after his acquittal, challenged the official misconduct used to initially convict Mr. Deacon. The New York Daily News covered the settlement here.

ECBA attorneys Earl Ward, Andrew Wilson, Hayley Horowitz, and Jessica Clarke represented Mr. Deacon, together with Glen A. Garber, P.C.

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Landmark $5.75 Million Settlement in Rikers Death Case

The Legal Aid Society Prisoners’ Rights Project and Emery Celli Brinckerhoff & Abady announced a settlement in the case of Bradley Ballard, whose horrific death at Rikers Island in 2013 was ruled a homicide. The settlement of $5,750,000 is the largest ever entered into by New York City for a death in custody.

Mr. Ballard, 39, was a seriously mentally ill and diabetic man who died in 2013 due to the abuse and cruelty of Department of Correction staff and the medical providers on Rikers Island. From the moment Mr. Ballard arrived at Rikers, on a parole violation for failing to change a report of address, his serious medical and mental health needs were mishandled by the City’s health care contractor at the time, Corizon Health, Inc.  The abuse took a macabre turn when Department of Correction staff illegally shut him in his cell as a rogue punishment for perceived rudeness, leaving him to decompensate without medication or treatment for his schizophrenia and diabetes.  For seven days, until Mr. Ballard died on September 11, 2013, correction and medical staff walked by the locked cell without offering assistance, turned off the water to his cell, and ignored his obvious and fatally deteriorating state until it was too late.

Mr. Ballard’s death was unusual in its gruesomeness, and his suffering was unmatched as reflected by the historic settlement. But the torture he endured resulted from longstanding and known system failures that have plagued Rikers healthcare and supervision of medical and correction staff.  In 2015, Corizon’s contract for healthcare was finally cancelled, though many of the correction staff who so woefully failed in their duties remain in the jails.   Mr. Ballard’s family can only hope that the City can usher in a new era of basic humanity and competence at Rikers.  They hope that the settlement will spark a rigorous review of the cascade of failures and misconduct that caused Mr. Bradley’s premature and painful death.  No other patient, and no family, should have to endure their suffering.

Mr. Ballard’s mother, Beverly Ann Griffin, was represented in this lawsuit by Jonathan S. Abady, Debra L. Greenberger and Hayley Horowitz of ECBA and Jonathan Chasan and Mary Lynne Werlwas of the Legal Aid Society.

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Foster Child Sues Agency Responsible for Placing Him in Home of Serial Abuser

On September 22, 2016, ECBA, along with Ressler and Tesh PLLC, filed a federal lawsuit in Long Island on behalf of a young, special needs child who was improperly placed by the agency SCO Family of Services in the home of an abusive pedophile—Cesar Gonzales-Mugaburu. This child, who is originally from Washington State, was transferred through SCO Family of Services nearly 3,000 miles away to Mugaburu in Long Island. Once there, he suffered a fate similar to the many vulnerable boys forced to live with this madman. He was physically and mentally abused, subjected to long periods of starvation, and sexually assaulted. As alleged in the lawsuit, SCO Family of Services ignored repeated complaints about Mugaburu, including those from J.A. himself, warnings from Suffolk County’s foster agency, and numerous red flags about Mugaburu and his home.

Read more about the case and Mugaburu in press coverage by the New York Times and Daily News.

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City Settles Case for $750,000 After Rikers Guards Ruptured Inmate’s Spleen

The City of New York has agreed to pay $750,000 to settle an excessive force lawsuit brought by ECBA and the Legal Aid Society’s Prisoners’ Rights Project for the assault and beating of Michael Cruz. In June 2014, multiple officers beat Mr. Cruz so badly that they broke his rib, which eventually pierced his spleen and led to massive internal bleeding. The assault and resulting injuries were life-threatening. Mr. Cruz, who was only 20 years old at the time, was forced to undergo emergency surgery to remove his spleen.

ECBA attorneys Jonathan Abady, Ali Frick, and Sam Shapiro represented Mr. Cruz together with Jonathan S. Chasan and Mary Lynne Werlwas of the Legal Aid Society.

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Class Action Challenges Racially Discriminatory and Predatory Practices by HUD and Private Equity Fund

On August 12, 2016, ECBA and MFY Legal Services filed a federal class action challenging the legality of a Department of Housing and Urban Development (HUD) program that sells government-insured FHA home mortgages to private equity funds, leaving these borrowers without insurance-program benefits they are entitled to and putting them at heightened risk of foreclosure. The suit further alleges that HUD’s program violates the Fair Housing Act because HUD is disproportionately selling FHA loans issued to African-American borrowers in New York City for homes in predominantly African American neighborhoods like St. Albans, Queens.

 The lawsuit, filed in the Eastern District of New York, also challenges the actions of Lone Star Funds, the largest purchaser of mortgages sold through the HUD program. The lawsuit alleges that once Lone Star purchases the mortgages from HUD, it preys on the homeowners: the company makes false and misleading statements to the homeowners, refuses to offer homeowners loan modifications it is legally obligated to provide, and instead offers homeowners exploitative loan modifications that spell almost certain foreclosure for these borrowers down the line. The complaint also alleges that Lone Star violates the Fair Housing Act because its policies disproportionately impact African-American borrowers and predominantly African-American communities in New York City.

 The suit was covered by the New York Times on Monday, August 15, 2016. The putative class is represented by ECBA attorneys, Matthew D. Brinckerhoff and Diane L. Houk, along with co-counsel MFY Legal Services. A copy of the complaint is accessible here.

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Class Action Leads to End of Tampon Tax in New York State

Five months after five women filed a groundbreaking class action suit to end the Tampon Tax in New York, Governor Cuomo has signed legislation ending the illegal tax.

“We are thrilled New York State is finally repealing this discriminatory tax on all ‘menstruators’ and hope the nation will swiftly follow suit. It’s about time we all recognize the necessity of menstruation products and the obsolescence of their taxation,” said Plaintiff Margo Seibert, an actress in New York.

“Albany has finally seen the light! There’s more work to be done to ease access to these vital products, particularly for low income women, but repealing the tax was a great first step,” said Plaintiff Jennifer Moore, a children’s program coordinator.

“One state down, thirty-nine to go,” said Ilann M. Maazel, lead counsel for the plaintiffs. “This is a tremendous victory for women and for all New Yorkers. It will save women tens of millions of dollars. This lawsuit jumpstarted Albany into action. It’s the beginning of the end of the Tampon Tax in this country.”

“New York has finally stopped taxing women for being women. Now the governor should make sure that New York women who paid this sexist tax for years—especially those women who could least afford it—are compensated and reimbursed,” said Zoe Salzman, another lawyer for the women.

“From the time I entered law school 25 years ago, I’ve known that the tampon tax violated state and federal law. It’s a remnant of a time when all-male legislatures made decisions that devalued women’s interests. That New York State has finally ended this injustice is great cause for celebration,” said Laura Strausfeld, a lawyer who developed a critical theory of the lawsuit on behalf of the plaintiffs.

The five women who brought the case are an actor/co-founder of Racket., a mathematician/data scientist, a programs coordinator for children’s programs, a photographer, and a professor.

The plaintiffs congratulate Assemblywoman Linda Rosenthal for her leadership on this issue.

Follow the latest developments HERE. Read an interview with Zoe Salzman on the case and legislation here.

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