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Federal Court Issues Preliminary Injunction for ECBA Client Unlawfully Labeled as a Sex Offender

On January 11, 2018 the United States District Court for the Southern District of New York granted ECBA client Equan Yunus a preliminary injunction removing his unconstitutional designation as a sex offender.  Although Mr. Yunus has never committed sexual misconduct, he had been forced to register as a sex offender under New York’s irrational and overbroad offender registration laws.  Because of this designation, Mr. Yunus was subject to numerous overbearing parole conditions designed to deter sex offenses that bore no relation to his crime of conviction, including limitations on his ability to access a cell phone or computer and to interact with minor members of his own family.

While the New York Court of Appeals had upheld this law as rational years earlier in another case, the federal court agreed with Mr. Yunus and ECBA that this treatment as a sex offender violated his constitutional right to substantive due process.  Mr. Yunus’s designation and its accompanying oppressive restrictions must be removed as a result of the Court’s ruling.

ECBA Attorneys Andrew G. Celli, Jr. and David Berman represent Mr. Yunus.  To read the Court’s opinion granting Mr. Yunus a preliminary injunction, click here.  To read the Guardian’s profile of Mr. Yunus’s case, click here.

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On Behalf of Four Young Rikers Pretrial Detainees, ECBA and Co-Counsel File Suit Against New York City and Albany County for Illegal Transfer to “Black Site” Albany County Jail

Today, four young men who were pretrial detainees at Rikers Island until 2018 when the City of New York abruptly transferred them to an upstate “black site” jail, filed a federal civil rights lawsuit against the City of New York, New York City Department of Correction (“DOC”) Commissioner Cynthia Brann, Albany County, Albany County Sheriff Craig D. Apple, Sr., and individual correctional officers.

Since 2015, when it banned solitary confinement for inmates ages 21 and younger, the City and DOC have illegally rendered dozens of young Rikers inmates to Albany County Correctional Facility (the “Albany County Jail”).  Plaintiffs in this case were taken by DOC from Rikers to the Albany County Jail.  Upon arrival, they were systematically subjected to brutal beatings and sexual assaults by jail guards.  Plaintiffs suffered severe injuries, including a perforated eardrum, concussion, rectal bleeding, black eyes, and lacerations.  For the entirety of their time at the Albany County Jail, the Rikers detainees were held in solitary confinement, cut off from meaningful human contact and isolated from family, adequate medical care, and their lawyers.

Plaintiff Davon Washington is a 22-year-old man who resides in the Bronx, New York.  He was released from custody on December 24, 2018.  Plaintiff Steven Espinal is a 19-year-old man, and Plaintiff Pariis Tillery is a 25-year-old man, both of whom are still detained in solitary confinement at the Albany County Jail pending trial.  Plaintiff John Doe is a 24-year-old man who was previously detained at the Albany County Jail and is now serving a sentence in state custody.

Today’s lawsuit, filed in the United States District Court for the Southern District of New York, seeks injunctive relief and damages.  Plaintiffs Espinal and Tillery seek to be transferred out of the Albany County Jail, where they fear daily for their safety.  Plaintiffs are represented by Katie Rosenfeld and Douglas E. Lieb of Emery Celli Brinckerhoff & Abady LLP and Steven Goldman of the Law Office of Goldman & Associates.

The complaint is available here.

Read the New York Times coverage here.

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ECBA Represents Jazmine Headley, Brooklyn Mother Wrongfully Attacked and Arrested by HRA and NYPD While Holding Her Toddler Son

ECBA is proud to represent Jazmine Headley, a 23 year-old Brooklyn woman who was subjected to appalling mistreatment by HRA and the NYPD at a Brooklyn HRA office last week, and is now speaking out on her own behalf. After taking the day off of work to address a problem with her son’s childcare voucher, and waiting hours to be seen, Ms. Headley sat on the floor next to her son’s stroller.  In response, HRA and NYPD officers grabbed her, attacked her, ripped her son out of her arms, arrested her, and separated her from her son for several days. The incident was caught on cellphone videos. All charges were dropped, and both the Mayor and HRA Commissioner ultimately issued public apologies to Ms. Headley.  However, in her recent interview with the New York Times, Ms. Headley discussed how this horrific mistreatment is unfortunately all too common for New Yorkers in this situation.

ECBA Partner Katie Rosenfeld represents Ms. Headley, along with ECBA attorney Michele Yankson.

Read coverage of Ms. Headley’s case in the New York Times here.

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Inmate at Auburn Correctional Facility Sues Prison Personnel after Brutal Assault by Correctional Officer

ECBA filed a federal civil rights lawsuit on behalf of Matthew Raymond, an inmate at Attica Correctional Facility, against the Superintendent of Auburn Correctional Facility, eight Auburn correctional officers, and two Auburn medical personnel.  ECBA’s Katie Rosenfeld and Emma L. Freeman represent Mr. Raymond.

The suit—filed in the Northern District of New York—charges that, on September 14, 2016, Mr. Raymond was viciously assaulted by Lieutenant Troy Mitchell, an employee of New York State’s Auburn Correctional Facility.  Mitchell—a notorious and violent abuser who has cost the State of New York nearly one million dollars in settlement payouts—took Mr. Raymond into a private room in Auburn’s medical unit.  With Mr. Raymond shackled and immobile, Mitchell cursed at Mr. Raymond and beat him about the head, neck, chest, and groin, using his fists and officers’ baton.  Throughout the attack, five other officers, including Sgt. Thomas Harte and Correction Officers Charles Thomas, Thomas Phillips, and Thomas Giancola, stood by and watched.

The assault left Mr. Raymond with severe and permanent injuries.  He will never be able to urinate on his own again and must be permanently catheterized.  He may not be able to father children.  He suffers from near constant kidney and urinary tract infections.  And he suffers from what appear to be neurological symptoms that impact his ability to walk.

As the suit details, in the aftermath of the assault and in retaliation for Mr. Raymond’s decision to file grievances against the officers involved, medical care personnel at Auburn ignored Mr. Raymond’s serious medical needs and neglected to provide him with remotely adequate care.  Only months after the beating was Mr. Raymond taken to an outside medical facility and given the care he required.

Although Mr. Raymond attempted to use Auburn’s internal grievance procedure to spur an investigation of the assault, Auburn personnel papered over the incident and, instead, levied false disciplinary charges against Mr. Raymond that led to weeks in solitary confinement.

“For decades, DOCCS employee Lt. Mitchell systematically abused prisoners in the New York State prisons,” said Katie Rosenfeld, a partner at ECBA.  “He also corrupted other officers to join this abuse.  DOCCS’ Office of Special Investigation repeatedly turned a blind eye to the truth.  OSI always credited Lt. Mitchell over the reports of prisoners.  DOCCS and OSI must stop covering it up when serial abusers in the ranks hurt people like our client Matt Raymond.  Brutal abuse is not part of the sentence that courts hand down to people in New York State.”

“This lawsuit seeks to remedy the vicious attack perpetrated by Troy Mitchell and his cohort against Matthew—and DOCCS’s long history of ignoring predators in its midst,” said Emma L. Freeman.  “It is long past time for state facilities to take meaningful responsibility for correctional officers tasked with caring for inmates.”

To learn more, read coverage from the NY Daily News here and coverage from the Times Union here.  The complaint can be found here.

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ECBA Sues NYPD for Shackling Woman in Labor

On December 6, 2018, ECBA filed a federal lawsuit on behalf of a pregnant woman who was shackled by the NYPD for approximately thirty hours after she was arrested in the Bronx for misdemeanor. The woman, who is known as Jane Doe in this suit, was repeatedly restrained by numerous different NYPD officers even as she went into labor and was taken to Montefiore Medical Center in the early morning of February 8, 2018. She was forced to labor in shackles, in extreme pain. Although officers partially removed the shackles minutes before Jane Doe gave birth, they reapplied them shortly after. Jane Doe was forced to welcome her baby into the world with her arm chained to her hospital bed.

The shackling of pregnant women is a barbaric and degrading practice. It is universally denounced  by medical and correctional experts as dangerous and unnecessary. It has been illegal in New York for years. Doctors at the hospital reportedly warned the officers that their use of shackles posed serious health risks to Jane Doe and her child, and violated the law. The officers ignored these warnings, claiming that the Patrol Guide required the use of shackles and superseded any law to the contrary.

Through her suit, Jane Doe seeks to end the NYPD’s use of this draconian and illegal practice, and ensure that no pregnant woman is shackled by the NYPD again.

Jane Doe is represented by ECBA attorneys Katie Rosenfeld and Ashok Chandran. The complaint can be found here. Press coverage by the New York Times can be found here.

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Daniel J. Kornstein is a panelist at the New York Bar’s Second Annual First Amendment Program

December 3, 2018: New York Law Journal featured Daniel J. Kornstein as a panelist at the New York City Bar’s Second Annual First Amendment Program: “Freedom of Speech in 21st Century America.” The other panelists were: Roger Juan Maldonado, Nadine Strossen, Alex Abdo, Jamal Greene, Floyd Abrams, and Carmelyn Malalis.

 

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“48 Hours” investigates shooting of DJ Henry and ECBA client, Brandon Cox

CBS news program “48 Hours” presented an in-depth review of the fatal police shooting of Danroy “DJ” Henry, a PACE University student. The segment investigates the cause of the tragedy and includes interviews with DJ’s family, witnesses, DJ’s childhood friend, Brandon Cox, and others. Mr. Cox was seated beside DJ in the car when an officer shot into their vehicle, killing DJ, and wounding Mr. Cox. A link to the story can be found here.

ECBA attorneys Jonathan S. Abady, O. Andrew F. Wilson, Debra Greenberger, and Jessica Clarke represented Brandon Cox in the related civil case against the police shooter and others.

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Historic Settlement in Pennsylvania

ECBA has settled the 2016 Pennsylvania recount case brought by presidential candidate Jill Stein and Pennsylvania voters. The lawsuit challenged Pennsylvania’s use of paperless voting systems, as well as its byzantine, anti-voter recount procedures.

The settlement requires Pennsylvania to provide voter-verifiable paper ballots to all voters by 2020, and automatic, robust, statewide election audits by 2022.

“With this settlement, Pennsylvania will go from an election integrity backwater to a national leader,” said Ilann M. Maazel. “We will be watching closely to ensure Pennsylvania implements every one of these important election reforms.”

The Pennsylvania plaintiffs are represented by Ilann M. Maazel, Ali Frick, and Doug Lieb, as well as co-counsel Montgomery McCracken Walker & Rhoads. In addition, Jonathan Abady and Andrew G. Celli Jr. represented the overall Stein 2016 recount effort.

The settlement can be found here. The press release is here.

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Ilann M. Maazel speaks at 2018 PILnet Global Forum in Berlin

Nov. 14, 2018: Ilann M. Maazel spoke at the 2018 PILnet Global Forum in Berlin. The Global Forum is an annual international gathering of leading public interest lawyers throughout the world. Ilann’s panel presented Alternative Business Models for Public Interest Lawyering, including the ECBA public interest/commercial law firm model. The other panelists were Kimberley Motley, Amelia Weidner, and Gearóid Ó Cuinn.

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Jury Awards $14.3 Million for Wrongful Police Shooting

November 2, 2018 –

Yesterday, a Manhattan federal court jury awarded $14.325 million to the Estate of John Collado, who was shot and killed by a New York City police officer in the Inwood neighborhood of Manhattan on September 6, 2011. The jury found that the officer, James Connolly, used excessive force when he shot and killed Mr. Collado.

Mr. Collado was shot for being a Good Samaritan. The shooting occurred when Connolly, who was working as a plain-clothes narcotics officer, got into a fight with a suspect on the street, and Mr. Collado, who was unarmed, tried to break it up.

Connolly testified that he shot Mr. Collado because Mr. Collado put him in a choke hold – but the jury specifically found that was false. The jury found that Connolly’s story did not hold up against the witnesses’ testimony, the forensic evidence, and the video evidence. Since the shooting, Connolly has been promoted by the NYPD; he is now a sergeant.

“My husband was a loving, caring man who was doing nothing more than trying to help,” Mr. Collado’s wife, Amarilis Collado, said. “This verdict is confirmation that John should never have been killed that day. After seven years of fighting, I finally feel like justice has been served,” Mrs. Collado added.

“The jury thoughtfully considered the evidence in this case and determined that what happened here was wrong, and that the Collado family is deserving of a significant award,” said ECBA partner Sam Shapiro. Mr. Shapiro and ECBA partner Earl Ward represented Mrs. Collado.

This case was covered in the New York Daily News, available here.

 

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