“Bronx Zoo” Case Settles for $6 Million and Transfer of Control of State Facility

As reported in the New York Times, the New York Post, the Daily News, and elsewhere,…

New York, NY – This morning, three families settled a lawsuit in Manhattan federal court alleging abuse of disabled residents in a State-run group home in the Bronx. The lawsuit revealed years of shocking abuse and neglect in the Bronx home, including staff who gave disabled residents black eyes, pulled their hair, spit in their faces, kicked them, sexually abused them, withheld food from them, showered them in frigid water, and botched their medical care.

The group home is run by the Office for People With Developmental Disabilities (“OPWDD”), a New York State agency. Whistleblowers testified that staff acted “like prison guards,” “operated like a gang,” and treated disabled resident like “animals in the zoo.”[1] Some staff referred to the group home as “the Bronx Zoo.” In sworn testimony, OPWDD’s then-Commissioner, Kerry A. Delaney, described State employees’ conduct as “utterly shocking,” admitted that defendants “failed their duty to protect individuals in that home,” and called the home “a disaster.” A copy of the complaint is here.

Under the settlement, the State will pay $6 million, believed to be one of the largest settlements in OPWDD history. In addition, the State will permanently relinquish control of the home, known as the Union Avenue IRA, to a nonprofit provider. Finally, the individual staff will never be permitted to reenter Union Avenue as long as any of the three disabled residents reside there.

“From the very top to the very bottom, OPWDD failed my sister on every level. I hope and pray that all the individuals living at Union Avenue will now live happy, healthy, fear-free lives, once OPWDD turns over control of Union Avenue to a nonprofit provider,” said Laura Kearins, sister of one of the plaintiffs. “I’m completely saddened and heartbroken. How can people prey on the innocent with no remorse? We will move forward trying to repair the damage that was done,” said Barbara Melendez, sister to another plaintiff.

“This is one of the most appalling disability abuse cases I’ve seen in over twenty years of practice,” said Ilann M. Maazel, lead counsel for the families, and a partner at Emery Celli Brinckerhoff & Abady.  “How could so many New York State employees brutalize so many people, for so long, while no staff or supervisor did a thing about it? This case is a wake-up call for massive reform in this State agency.”

Even today, many former Union Avenue staff with claims of abuse or neglect substantiated by the Justice Center work with disabled residents in other group homes run by New York State; many were not disciplined at all. David Lebowitz, another attorney for the families, called this “a scandal and a disgrace.” “Hopefully, this case and this settlement can shine a light on the structural issues that allow abusive staff to work with disabled people without consequence,” said Ashok Chandran, another attorney for the families.

Maazel and ECBA were also counsel in the cases of Jonathan Carey, Eddie Velasquez, and K.C.

For more information, contact:

Ilann M. Maazel, David Lebowitz, or Ashok Chandran
Emery Celli Brinckerhoff & Abady LLP (in New York)
212-763-5000
imaazel@ecbalaw.com
dlebowitz@ecbalaw.com
achandran@ecbalaw.com

 

[1] As one staff member, Shirlynn Thomas, testified: “Q: Would you ever leave your child in the care of Linton, Conner, Tucker or Teams? A: Not my dog.  I wouldn’t leave my dog.”

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