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Settlement of Jane Doe’s Lawsuit for Shackling During Pregnancy and Labor: NYPD Will Pay $610,000 and Reform Patrol Guide Procedures

On July 3, 2019, ECBA reached a $610,000 settlement in the case of Jane Doe, a 28-year old Bronx woman who was arrested and shackled by the NYPD when she was 40 weeks pregnant, after she was arrested for a misdemeanor on February 7, 2018.  NYPD officers and supervisors insisted on keeping Ms. Doe in shackles for approximately thirty hours, even while she was in active labor and during her post-partum recovery with her infant daughter at the hospital.  The NYPD kept Ms. Doe shackled during her transport, labor and post-partum delivery despite being repeatedly warned of the health risks and illegality by hospital doctors and staff.

As part of the settlement, Ms. Doe insisted that the NYPD also agree to amend its Patrol Guide to prevent its officers from ever violating the rights and safety of another woman through the unlawful use of shackles. “Because of Jane Doe’s bravery and determination in pursuing this case, the NYPD will now change its procedures to better protect pregnant women in the future,” said ECBA partner Katie Rosenfeld.

Ms. Doe is represented by ECBA attorneys Katie Rosenfeld and Ashok Chandran.  A copy of the settlement agreement can be found here.  The New York Times coverage of the settlement can be found here.

Other coverage of the case can be found here, here and here.

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On Behalf of Dame Products, ECBA Sues MTA Over Discriminatory Censorship of Sex Toy Advertisements

As reported on CNN, ECBA filed suit against the MTA on June 18, 2019, alleging that it violated the First Amendment rights of Dame Products, a company that designs and manufactures innovative tools for women’s sexual pleasure and wellness.

Dame submitted proposed advertisements for its toys to the MTA in July 2018.  At first, the MTA approved certain advertisements and provided Dame with creative feedback over the course of six months.  Then, the MTA suddenly changed course and refused to display Dame’s advertisements on subways and other MTA property, even though the MTA already displays numerous ads for erectile dysfunction medication, condoms, and other products geared towards men.  The Complaint details how the MTA’s decision to ban Dame’s advertisement amounts to unconstitutional censorship and reflects the MTA’s sexist views of women’s sexual health.

Dame is represented by ECBA attorneys Richard Emery and Emma L. Freeman.  You can read the Complaint here.

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ECBA Represents Bronx High School Senior Kymani Johnson in His Effort to Hold the NYPD Accountable

As reported in the Daily News on June 10, 2019,  Kymani Johnson is a 19-year old high school senior in the Bronx who plans to become a lawyer.  On Monday, May 27, 2019, Mr. Johnson was wrongfully arrested by the New York City Police Department at approximately 2:00 pm in Haffen Park, after he attempted to record NYPD officers in an interaction with another individual.   NYPD officers grabbed Mr. Johnson, threw him again a fence, and repeatedly punched him.  He was then handcuffed, arrested, and held for many hours, until a judge dismissed the baseless charges against him.   On the day after his arrest, the same NYPD officers went to Mr. Johnson’s house, where they harassed and threatened him, in an apparent attempt to intimidate him from reporting their misconduct.  Mr. Johnson is represented by ECBA attorney Katie Rosenfeld.  You can read the Daily News’ coverage and see the video here.

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Representing the New York City Council, ECBA Obtains Temporary Halt to Two Bridges Development

On June 5, 2019, state Supreme Court Justice Arthur Engoron extended a temporary restraining order blocking the construction of a development project in the Two Bridges neighborhood in Manhattan.  The City Council, represented by ECBA, and the Manhattan Borough President sued the City’s development agencies for avoiding the public land use review process, known as ULURP, which requires final approval by the City Council.  ECBA attorneys Andrew G. Celli Jr., Debbie Greenberger, and David Berman represent the New York City Council.

The decision was covered by the New York Post, Gothamist, The Real Deal, and City Limits.

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Family Sues Prison Officials Over Senseless Death of 21 year-old Man from Untreated Appendicitis

The mother of Joshua England, a 21-year-old man who died last year in an Oklahoma prison from untreated appendicitis, sued Oklahoma prison officials and medical workers today for the wrongful, preventable, and needless death of her son.

Joshua was serving a short prison sentence—his first and only one—when, a year ago, he went to the prison health clinic at the Joseph Harp Correctional Center complaining of classic signs of appendicitis, including acute abdominal pain. For a week, prison staff did nothing. As Joshua begged for care, day after day, in five separate written requests for help, the prison staff took no action. No doctor ever examined him. He was never sent to a nearby medical facility for an examination or testing. As his symptoms grew worse and he grew more obviously sick, prison officials still did nothing. On the morning Joshua died, prison medical staff recorded his heart rate at a staggering 158 beats per minute, and still they did nothing. Hours later, Joshua died alone on the floor of his prison cell, of a common and entirely treatable condition. Joshua was set to be released from prison only months after he died.

Joshua’s family is represented by Katherine Rosenfeld and Ali Frick, along with co-counsel Paul DeMuro at Frederic Dorwart Lawyers. You can read a copy of the complaint here. Read the Guardian’s coverage of the case here.

 

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ECBA Files Suit Alleging Major NYC Developer and Architect Designed and Constructed Housing that is Inaccessible to People with Disabilities

On May 23, 2019, on behalf of fair-housing group the Fair Housing Justice Center (FHJC), ECBA filed suit alleging that New York developer Gotham Organization Inc. and architect FX Collaborative Architects failed to design and construct rental housing in compliance with fair housing laws’ accessibility requirements.  The complaint details that FHJC’s testing revealed numerous inaccessible features of two residential rental buildings—The Ashland in Fort Greene and The Nicole in Hell’s Kitchen.  FHJC is represented by ECBA attorneys Diane Houk and Debra Greenberger.  A copy of the complaint can be found here.

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ECBA Files Lawsuit on Behalf of Family of Elderly Resident Left to Die in Albany County Nursing Home

New York, NY – As reported in the Albany-Times Union, this morning, the daughter of Albany resident Roger Sanford filed a civil rights lawsuit in federal court against the Albany County Nursing Home, its Executive Director Larry Slatky, and other Nursing Home staff, for civil rights violations and wrongful death.

On March 1, 2018, Mr. Sanford’s daughter found him alone in his Nursing Home room, gasping for air, drenched in sweat, with an oxygen tube dangling from his nose. This followed months where Mr. Sanford was often unchanged, unfed, unmedicated, unwashed, unshaven, and even covered in his own urine and feces, the Complaint alleges. Mr. Sanford died as a result of the Nursing Home’s reckless disregard for his life.

A New York State Department of Health investigation found that the Nursing Home violated federal laws by failing to provide Mr. Sanford with basic life support or CPR; failing to follow professional standards of practice; and failing to provide Mr. Sanford with necessary respiratory care.

As alleged in the Complaint, when Mr. Sanford’s daughter complained to Executive Director Slatky about her father’s poor care, Mr. Slatky boasted that a relative of a Nursing Home employee worked in the Department of Health’s complaint department and would make sure any complaint against the Nursing Home disappeared.

“My hope and prayer is that our lawsuit will force Albany County Nursing Home to provide much safer care and services and that reckless and negligent deaths will be prevented. My father suffered horrifically, he was grossly neglected, he was denied basic medical care and he died prematurely because staff refused to get him to the hospital for days or even bother to call 911 when he was in a dire medical emergency. It broke my heart to find my father laying in his bed gasping for air, sweating profusely with no one there to assist him or help save his life.” said Lori LaRock, Mr. Sanford’s daughter.

“We expect nursing homes to take care of our loved ones, not to let them suffer and die alone,” said Ilann M. Maazel, lead counsel, and a lawyer at Emery Celli Brinckerhoff & Abady. “Albany County Nursing Home’s treatment of Mr. Sanford was unconscionable and indefensible.”

“No one should have to endure what Mr. Sanford’s family went through” said David Berman, another lawyer for Mr. Sanford’s family,  “Albany County Nursing Home must be held accountable for Mr. Sanford’s suffering.”

For more information, contact:

Ilann M. Maazel or David Berman

Emery Celli Brinkerhoff & Abady LLP (in New York) 212-763-5000

imaazel@ecbalaw .com dberman@ecbalaw.com

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Have you been affected by sexual abuse at Ohio State?

If so, please call us at 212-763-5042, email ohiosurvivors@ecbalaw.com, or use this form.

ECBA represents almost 70 survivors of sexual abuse by OSU doctor Richard Strauss. While employed by Ohio State, Dr. Strauss is believed to have abused hundreds and even thousands of Ohio State students, over a period of decades. Ilann M. Maazel and Debra Greenberger at ECBA are co-counseling the case with attorneys Adele Kimmel at Public Justice in Washington, D.C., and Scott Smith in Columbus, Ohio. The case is captioned Snyder-Hill, et al. v. The Ohio State University, 18-CV-00736, in federal court in Columbus.

A May 15, 2019 report reveals OSU’s complete failure to protect its students. The report found: “Despite the persistence, seriousness, and regularity of complaints” of sexual abuse from students since 1979, “no meaningful action was taken by the University to investigate the concerns until January 1996.” Even then, officials at the highest levels of the University kept Strauss as a tenured faculty member until 1998, gave him an emeritus appointment in 1998, did not inform any students that Strauss was a sexual predator, and permitted Strauss to run ads in the University newspaper about his off-campus private men’s clinic for OSU students and others

This major national news story has been covered by, among others, People, U.S. News & World Report, Fox Sports, and Yahoo! Sports.

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Report Confirms that, For Decades, OSU Ignored Complaints that Dr. Strauss Was Abusing Male Students

Investigators from Perkins Coie, the law firm hired by The Ohio State University’s Special Counsel to investigate widespread reports of sexual abuse by Dr. Richard Strauss, write in a May 17, 2019 report that “Despite the persistence, seriousness, and regularity of [] complaints” of sexual abuse from students since 1979, “no meaningful action was taken by the University to investigate the concerns until January 1996.” Even then, officials at the highest levels of the University kept Strauss as a tenured faculty member until 1998, gave him an emeritus appointment in 1998, did not inform any students that Strauss was a sexual predator, and permitted Strauss to run ads in the University newspaper about his off-campus private men’s clinic for OSU students and others.  Ilann M. Maazel and Debra Greenberger at ECBA are co-counseling a case against OSU on behalf of dozens of survivors with attorneys Adele Kimmel at Public Justice in Washington, D.C., and Scott Smith in Columbus, Ohio. The Perkins Coie report is available here .

 

If you are a survivor, please email ohiosurvivors@ecbalaw.com or call Ilann Maazel or Debra Greenberger at 212-763-5000.

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