Article

Class Action Seeks Release of 540 People and Changes to Protect Others Confined at Brooklyn MDC from the Novel COVID-19 Virus

March 27, 2020 — Petitioners Hassan Chunn, Nehemiah McBride, Ayman Rabadi, and Justin Rodriguez filed a class action lawsuit today against Warden Derek Edge in federal court. The case seeks the immediate release of approximately 540 people most vulnerable to succumbing to COVID-19 and a special master to oversee improvements in the conditions of confinement at Brooklyn’s federal jail, Metropolitan Detention Center (“MDC”), to combat the spread of the virus.

New York City is the epicenter of the Country’s struggle with COVID-19. The risks posed by COVID-19 to people confined in jails and prisons—in terms of transmission, exposure, and harm—are stark and alarming. For reasons beyond their control, people in jails and prisons cannot practice social distancing, control their exposure to large groups, practice increased hygiene, wear protective clothing, obtain specific products for cleaning or laundry, avoid high-touch surfaces, or sanitize their own environment. People in jails and prisons are more vulnerable and susceptible to the risks of coronavirus because they are more likely to have chronic underlying health conditions, such as diabetes, heart disease, chronic lung and liver diseases, asthma, and lower immune systems from HIV. People have limited opportunities to access medical care under normal circumstances in jails; medical facilities are limited, and as staff become sick, fewer people are present to care for those who remain confined.

The outbreak of a highly infectious, deadly virus in a closed detention setting is a disaster, calling for urgent and decisive action to protect the health of those confined in the jail, those who work there, and the medical professionals who will treat those who become infected.

The lawsuit alleges that Respondent Warden Derek Edge has not taken steps to protect Petitioners from the substantial risk of harm posed by COVID-19, nor could he under the MDC’s current conditions.  It seeks immediate relief on the grounds that every hour that Petitioners are held under these circumstances, they are exposed to the substantial risk of a COVID-19 infection, with a substantial risk of death to follow and that continuing to hold vulnerable people under these circumstances violates their Constitutional rights.

ECBA Attorneys Katie Rosenfeld, Andrew Wilson, Sam Shapiro, and Scout Katovich, together with the Cardozo Civil Rights Clinic, and Alexander A. Reinert, represent petitioners and the putative class.  To read a copy of the complaint, click here. To read coverage of the complaint and evolving crisis in the New York Times, click here.

Article

Statement of Counsel for the Former Bloomberg Staffers Who Filed a Nationwide Class Action Lawsuit Today Against Mike Bloomberg 2020

“Today our clients, three former field organizers for Michael Bloomberg’s presidential campaign who worked in Georgia, Utah, and Washington state, filed a nationwide class action lawsuit in the U.S. District Court for the Southern District of New York alleging that the campaign broke its promise to provide its field staffers the opportunity to work on the general election campaign for Mike Bloomberg 2020. The complaint speaks for itself. Although our clients would like to speak publicly about their experiences, they are potentially subject to a confidentiality and non-disparagement agreement with Mike Bloomberg 2020. We respectfully request that the Bloomberg campaign release our clients and the other field staffers from that agreement, even though it may not be enforceable.”

The field staffers who filed the suit, Alexis Sklair, Nathaniel Brown, and Sterling Rettke, are represented by Peter Romer-Friedman of Gupta Wessler PLLC, and Ilann M. Maazel and David Berman of Emery Celli Brinckerhoff & Abady LLP.

To learn more, visit our website here.

Read coverage by The New York Times, Politico, Huffington Post, and Axios.

Contacts:

Peter Romer-Friedman, Principal, Gupta Wessler PLLC,
peter@guptawessler.com

Ilann M. Maazel, Partner, Emery Celli Brinckerhoff & Abady LLP,
imaazel@ecbalaw.com

Article

ECBA, Legal Aid File Civil Rights Lawsuit on Behalf of Client who was Illegally Shackled During Labor and After the Delivery of Her Son

On March 12, 2020, ECBA and co-counsel the Legal Aid Society filed a lawsuit against the City of New York and several NYPD officers on behalf of an anonymous woman, “Jane Doe,” who was arrested and shackled when she was forty weeks and two days pregnant. The minor charges on which Ms. Doe was arrested were ultimately dismissed.

NYPD officers forced Ms. Doe to labor alone in a holding cell at the NYPD’s 75th Precinct in Brooklyn while they celebrated at a holiday party. When officers finally agreed to seek medical care for Ms. Doe, they handcuffed and shackled her to an ambulance gurney and hospital bed. They removed the restraints only just before Ms. Doe delivered her newborn son and replaced them almost immediately after. After her baby was transferred to the NICU, officers would not permit Ms. Doe to visit him without first shackling her legs together.

Medical experts and correctional experts unanimously agree that pregnant women should not be shackled by law enforcement absent the most extraordinary circumstances. Such extraordinary circumstances are limited to situations where a woman poses a significant risk of injury to herself or others that cannot be addressed by less restrictive means.

To read the complaint, click here.

To read a press release about the lawsuit, click here.

To read coverage in the New York Daily News, click here, in the Guardian, click here, or in the Gothamist/WNYC, click here.

ECBA’s Katie Rosenfeld and Andrew Jondahl, along with Anne Oredeko and Anthony Posada of the Legal Aid Society, represent Ms. Doe.

 

Article

ECBA Attorneys Reach Settlement in Midwood, Brooklyn Housing Discrimination Case

On behalf of their clients Fair Housing Justice Center (FHJC) and five African American testers, ECBA attorneys Diane L. Houk and Scout Katovich negotiated a $300,000 settlement of a race and religion housing discrimination case. The federal lawsuit alleged that Defendants ZP Realty Capital, Zev Pollak, and others were discriminating when renting apartments at a building located in the predominantly white Midwood neighborhood.  The plaintiffs alleged that none of them were shown apartments even though Defendants showed white testers vacant apartments. They also alleged that Mr. Pollak referred to the apartments as being in a “Jewish building.”  The settlement requires the defendants to institute fair housing practices, including to publicly advertise when apartments are available to rent.

Article

Federal Court Permits Prison Death Case to Go Forward

A judge in the Western District of Oklahoma rejected a motion to dismiss filed by state prison officials seeking to end a lawsuit by the family of a 21 year-old young man who died in prison from untreated appendicitis. The court held that Joshua England’s family could continue its claim that prison officials violated Joshua’s Eighth Amendment right to be free from cruel and unusual punishment by ignoring his repeated, anguished pleas for medical help over the course of days, before he died alone on the floor of his prison cell. The court also permitted all of the state law claims to go forward. And the court refused to dismiss the senior official defendants – the former head of the Oklahoma Department of Corrections and the warden of the prison – from the case. Now Joshua’s family can move forward with seeking accountability for Joshua’s untimely, entirely preventable death of a common and treatable illness.

ECBA attorneys Katherine Rosenfeld and Ali Frick represent Joshua’s family, along with co-counsel Paul DeMuro and Henry A. “Hank” Meyer, III.

Article

New York Times Features Victories by ECBA Clients over Big Development

Two ECBA clients were featured by the New York Times in its recent article The People vs. Big Development. The article highlights a court order blocking a massive development project, heavily opposed by the local community, in the Two Bridges neighborhood on Manhattan’s Lower East Side.  The New York City Council, represented by ECBA, and the Manhattan Borough President sued the City’s development agencies for approving the project without undergoing the City’s public land use review process, known as ULURP, which requires extensive community input and final approval by the City Council. Supreme Court Justice Arthur Engoron granted a permanent injunction enjoining any construction on the project until a ULURP review is performed.

The article also highlights the legal challenge to the 200 Amsterdam tower, in which ECBA represents the Municipal Art Society of New York and the Committee for Environmentally Sound Development in a suit challenging the developer’s creation of a “gerrymandered” 39-sided zoning lot.  As The Times reports, the resulting out-of-scale tower would be over twice the height of nearby towers, and the “tallest north of 61st Street.”

To read the article, click here.

ECBA attorneys Andrew G. Celli Jr.Debbie Greenberger, and David Berman represent the New York City Council.

ECBA Attorneys Richard D. Emery and Katherine Rosenfeld represent the Municipal Art Society of New York and the Committee for Environmentally Sound Development.

.