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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 212-763-5000 to speak with attorneys Ilann M. Maazel or Debra Greenberger, or email ohiosurvivors@ecbalaw.com.

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, The New York Times, The Washington Post, NBC News , 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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Firm Joins Massive Ohio State University Sex Abuse Case

ECBA has joined as plaintiffs’ counsel in the Ohio State University sex abuse case, representing dozens of 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.

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Chief Judge Requests Federal Investigation in ECBA Class Action Challenging Illegal Transfers of Rikers Detainees to Albany

Chief Judge McMahon of the U.S. District Court for the Southern District of New York denied New York City’s motion to dismiss a federal civil rights class action brought by four young pretrial detainees who allege that they were illegally transferred to an upstate jail in Albany, where they were beaten, sexually assaulted, and held in solitary confinement without due process, and requested a criminal investigation into the plaintiffs’ allegations.

 

Chief Judge McMahon noted: “The Court is deeply troubled by the allegations . . . .  [T]here is reason to conclude, even at this early stage, that at least some of the horrors that are described” in the complaint “actually took place.”  The Court referred the matter for investigation to federal and state prosecutors’ offices in New York and Albany.  The New York Daily News reported on the Court’s decision.

 

Plaintiffs Davon Washington, Steven Espinal, John Doe, and Pariis Tillery allege that they were suddenly transferred without notice by the City of New York to the Albany County Correctional Facility, cut off from their criminal defense lawyers and their families.  In Albany, they were systematically subjected to brutal beatings and sexual assaults upon their arrival. For the entirety of their time in Albany, they were held in round-the-clock isolation in solitary confinement without meaningful human contact.  The lawsuit seeks to transfer all New York City detainees back from Albany and to prevent the City from sending detainees there in the future.

 

The plaintiffs are represented by Katie Rosenfeld and Doug Lieb of Emery Celli Brinckerhoff & Abady LLP and Steven Goldman of the Law Offices of Goldman & Associates.

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Family Brutalized by U.S. Marshals in Justice Sotomayor Houses Files Federal Lawsuit

New York, NY – This morning, a single mother of two children living in Justice Sotomayor Houses in the Bronx, along with her brother and nine-year old daughter, filed a civil rights lawsuit in Manhattan federal court against the United States and sixteen United States Marshals. Without any basis, the Complaint alleges, the marshals punched, kicked and beat her brother, forced him to sit on a hot radiator, threatened to kill him, terrorized her 4- and 9-year old children, invaded her apartment without a warrant, and threatened to take away her benefits, her apartment, her children, and her freedom.

As alleged in the Complaint, the marshals said: “We can do whatever we want, we’re the feds.” “We don’t need a warrant.” “I should kill you right now.” “You’re lucky I don’t pull out my gun and shoot you.” “There are 7 of us, 1 of you. Who’s the judge going to believe?” “We’re the federal government – we can do whatever the fuck we want.”

After this terror, the marshals never arrested anyone in the family, and never apologized. Elva Rosa, the lead plaintiff, is an active member of her school’s PTA, and a supermarket cashier.

“These marshals acted like some sort of lawless gang. It’s appalling,” said Ilann M. Maazel, lead counsel, and a lawyer at Emery Celli Brinckerhoff & Abady. “Would this happen on Park Avenue?  Never. But in the Bronx, there is no justice even in the former residence of a Supreme Court Justice. This should never happen in America, anywhere.”

The marshals left the family fearful and traumatized. Even now, Ms. Rosa’s daughter prays the marshals won’t take her mom away, and her four-year old son pretends to hold a gun and says: “Marshal, put your fucking hands up!”

Ilann M. Maazel and David Lebowitz represent the family.  To read coverage in the N.Y. Daily News, click here. To read coverage in the New York Law Journal, click here.

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ECBA Clients File Class Action to Challenge Conditions of Confinement at Brooklyn MDC

February 22, 2019 — Plaintiffs David Scott and Jeremy Cerda filed a class action lawsuit today against Warden Herman Quay in federal court. The case challenges the conditions of confinement at Brooklyn’s federal jail, Metropolitan Detention Center (“MDC”), during the humanitarian crisis that unfolded over the bitterly cold week of January 27, 2019 to February 3, 2019, after an electrical fire at the jail.

As widely reported and alleged in the complaint, during the crisis, people were left locked in their cells with almost no light or heat for a week. People were confined in near pitch-black darkness. People sat shivering in their beds, huddled under blankets with little or no heat in the cells. The suit also alleges that the lack of light and heat was compounded by an array of other of brutal conditions. People were confined to their cells continuously for days. Hot showers and hot water were suspended or severely limited. Cells with toilets that were not functioning were filled with the smell of decaying feces. People continued to live in their soiled clothing and bedsheets without any laundry. Requests for medical and psychiatric care were ignored. People had no access to regular or hot food. Communication with the outside world—whether by email, phone or visits from lawyers or family—ceased. People struggled to maintain their sanity in a void of information about when the blackout would end. And of course, jail employees were forced to work under these impossible circumstances. The lawsuit also claims that, in response to the crisis, MDC’s Warden, Defendant Herman Quay, engaged in a dereliction of his obligation to provide these most basic minimal living standards to more than a thousand people in his care and custody.  These problems were longstanding and foreseeable, and the Warden failed to assess the infrastructure problems that had long plagued the jail.

ECBA Attorneys Katherine R. Rosenfeld and O. Andrew F. Wilson represent Mr. Scott, Mr. Cerda and the putative class.  To read a copy of the complaint, click here. To read coverage of the crisis in the New York Times, click here.  To read the coverage in Gothamist, click 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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