On September 28, 2018, federal judge William H. Pauley III denied a motion by the city of New York seeking to dismiss a proposed class action lawsuit filed by ECBA and co-counsel Romano & Kuan PLLC on behalf of presumptively innocent criminal defendants held for hours or days in New York City jails despite being entitled to release on bail. The court held that “Plaintiffs adequately allege that their interest in paying bail and being released after paying bail has been infringed by the City’s deliberate indifference.” The suit alleges that the City is responsible for unreasonable systemic delays in accepting bail payments and in processing detainees for release once bail is posted. The complaint details a Kafka-esque system where antiquated technology, inadequate staffing, and indifference conspire to keep thousands of New Yorkers each year in jail for hours or days without any legal basis. The court’s decision ruled that these allegations are sufficient to claim violations of the United States constitution and New York law. The case will now proceed to discovery.
To read the Court’s decision, click here.
To read the complaint, click here.
To read coverage of the lawsuit in the New York Daily News, click here.
ECBA’s Matt Brinckerhoff , Debbie Greenberger, and David Lebowitz, along with Julia Kuan of Romano & Kuan, represent the plaintiffs.
ECBA, The Bronx Defenders, and Morrison & Foerster, LLP announced a settlement of a lawsuit challenging widespread delays in misdemeanor cases in Bronx Criminal Court.
The settlement agreement allows the plaintiffs to monitor the court system for the next four years and to re-open the case if not enough progress is made. It also creates a new mechanism for people charged with misdemeanors to request a speedy trial, at which point the court system will be required to track the progress of their case.
Since the May 2016 filing of the lawsuit, Trowbridge v. DiFiore, the number of misdemeanor cases pending for more than a year in the Bronx dropped from 2,378 to 513. The number of misdemeanor cases pending for more than two years dropped from 538 to 64. But more work remains to be done: the proportion of misdemeanor cases that are more than a year old in the Bronx is still twice as high as in any other borough.
“This settlement is only the beginning,” ECBA partner Ilann M. Maazel told the press. “We will be watching the Bronx court system very carefully to make sure that they live up to their promises, achieve parity with the other boroughs, and make speedy trials a reality for everyone in the Bronx.”
Matthew D. Brinckerhoff, Ilann M. Maazel, and Doug Lieb represented the plaintiffs.
Sixteen years after ECBA filed its first class action alleging a pattern and practice of brutality and poor training, discipline, and investigations of corrections officers at Rikers Island, Mayor De Blasio and the City Council have agreed to shut down Rikers Island once and for all. In 2001, ECBA filed the original lawsuit, Ingles v. Toro, with co-counsel Legal Aid Society and Sullivan & Cromwell. The case settled in 2003, but the settlement failed to reduce use of force by corrections officers on Rikers Island. As a result, in 2011, ECBA filed a new class action, Nunez v. City of New York, with co-counsel Legal Aid Society and Ropes & Gray, again alleging a pattern and practice of brutality and cover-ups by corrections officers at Rikers Island. Nunez, and a parallel Department of Justice lawsuit, settled in 2015, resulting in thousands of new cameras, a federal monitor, and other sweeping reforms at Rikers. The case also brought to light the fundamental inhumanity and unfairness of the entire institution.
ECBA lawyers involved in the Rikers cases include Jonathan Abady, Ilann M. Maazel, Katherine Rosenfeld, Debra Greenberger, Zoe Salzman, and Vasudha Talla.
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.
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.
Emery Celli Brinckerhoff & Abady (ECBA), together with The Legal Aid Society’s Prisoners’ Rights Project, has agreed to settle the individual claims for compensation for the named plaintiffs in the class action Nunez v. New York for a total of over $3.5 million. Each of the twelve men was severely injured as a result of beatings by guards in the City jails. All twelve were named plaintiffs in the class action, which was filed in 2012 to halt excessive force by City jail staff. To read the New York Post’s coverage of the settlement, click here.
This settlement follows on the heels of the major reforms announced last month as part of an agreement with New York City to reform the widespread abuse of prisoners by correction staff on Rikers Island.
Emery Celli Brinckerhoff & Abady (ECBA), together with The Legal Aid Society’s Prisoners’ Rights Project and Ropes & Gray, as well as the United States Department of Justice (DOJ) have reached an agreement with New York City to reform the widespread abuse of prisoners by correction staff on Rikers Island. This agreement would settle Nunez v. New York, the 2012 class action brought to halt excessive force by City jail staff. DOJ joined as a plaintiff in December 2014.
Today, the plaintiffs, DOJ, and the City have notified the Court the outlines of the agreement which would become an enforceable federal consent decree, monitored by an independent correctional expert. The Agreement would require the Department of Correction to implement new policies and practices to curb the rampant misuse of force which has plagued Rikers Island for the past many decades.
Details about these reforms are in the attached letter to the Court, sent by the Department of Justice with all parties’ agreement.
The Agreement must be approved by the Department of Justice and Mayor’s Office before it is submitted to the Court for a hearing and approval if the Court finds it fair, reasonable, and adequate.
“This is an historic agreement to fix the long-standing problem of excessive force which has plagued Rikers Island for decades,” said Jonathan S. Abady of ECBA, co-lead counsel for the plaintiffs. “The agreement is the product of extraordinary work on the part of all parties,” said Abady. “What could have been an adversarial process was converted into a collaborative enterprise where everyone embraced the need for lasting reform and then committed themselves to measures that would achieve that,” he added.
To read the New York Times‘ coverage, click here and here.
Together with the Legal Aid Society, Emery Celli Brinckerhoff & Abady filed a civil rights lawsuit in federal court on behalf of Michael Cruz, who was beaten by correction officers at Rikers Island so brutally that he suffered massive internal bleeding and was required to undergo emergency surgery to remove his spleen. Cruz, who was only 20 years old at the time, was assaulted by multiple correction officers after asking for a mental health evaluation prior to being sent into solitary confinement. Apparently annoyed by his request, multiple officers–with the tacit approval of a captain–repeatedly kicked and punched Mr. Cruz, leaving him with a fractured rib. After weeks of complaints about his pain, Mr. Cruz was finally taken to the hospital, where his massive internal bleeding was discovered. Hospital staff informed him that if he had been left in his cell untreated much longer, Mr. Cruz could have died.
Mr. Cruz is represented by ECBA attorneys Jonathan Abady, Samuel Shapiro, and Ali Frick, and by the Legal Aid Society. Read the New York Post’s coverage here. To read the full complaint, click here.
Emery Celli Brinckerhoff & Abady, together with The Legal Aid Society Prisoners’ Rights Project, filed a federal lawsuit in the Southern District of New York on behalf of Jose Guadalupe, a mentally disabled inmate, who was severely beaten by Rikers Island guards on September 2, 2014. The assault occurred after Mr. Guadelupe voiced his objection to guards ripping down family photos and magazine clippings from the walls of his cell. Even though Mr. Guadalupe was handcuffed and not a threat, the four officers responded by throwing Mr. Guadalupe to the ground, where they repeatedly punched him in the head and kicked him in the back, legs, and ribs. Following the beating, Mr. Guadalupe was left in a hot cell for nearly six hours, going in and out of consciousness, before he was finally transported to a nearby medical center where he was treated for injuries including a concussion, bruises to his ribs, facial swelling, lower back pain, dizziness, and cuts to his lip and right eyebrow. He was confined to a wheelchair for three weeks after the assault. Mr. Guadelupe is represented by ECBA attorneys Jonathan S. Abady and Zoe Salzman, along with Legal Aid Society Prisoners’ Rights Project’s Jonathan S. Chasen and Mary Lynne Werlwas.
To read more, click here.
To read The New York Times article “Settlement Talks Over Rikers Island Class-Action Lawsuit Are Planned” click here.