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43 Survivors File New Complaint Against Ohio State

November 7, 2019 – 43 additional survivors of the ongoing sexual assault scandal at The Ohio State University (OSU) filed a new lawsuit alleging years of rape, assault and molestation by former team doctor Richard Strauss. The lawsuit alleges that OSU’s “culture of institutional indifference to the rights and safety of its students has permitted serial sexual predators and harassers to thrive at the university for the last four decades.”

The plaintiffs in this case are represented by Ilann M. Maazel, Debra Greenberger, and Marissa Benavides of Emery Celli Brinckerhoff & Abady LLP, Scott E. Smith and Brian Noethlich of Scott Elliot Smith LPA, and Adele Kimmel and Alexandra Brodsky of Public Justice. This is the second case brought by these law firms against OSU and they collectively represent over 80 survivors. More on the case is available at www.osusurvivors.com.

Press release is available here. To read the Washington Post’s coverage of the case, click here.

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Ohio State Admits Dr. Strauss Committed As Many Rapes As the Golden State Killer

In an astonishing development, The Ohio State University has now admitted that its employee, Dr. Richard Strauss, committed 47 rapes and 1,429 sexual assaults of student-patients, over a period of two decades. The admissions, from OSU’s Annual Security Report and website, are here (p. 61, admitting to 992 sexual assaults and 30 rapes reported in 2018) and here (admitting to 437 sexual assaults and 17 rapes by Strauss reported so far this year). (The Golden State Killer is reported to have committed approximately 45-50 rapes.)

These numbers dwarf the previously reported 177 sexual assaults of OSU student-patients in a report from Perkins Coie, the law firm hired by The Ohio State University’s Special Counsel. That report found 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.”

“This is one of the biggest sexual abuse scandals in U.S. history, said Ilann M. Maazel, co-counsel for survivor Steve Snyder-Hill and 76 other plaintiffs. “No words can describe the scope, the scale, or the appalling nature of OSU’s failure to protect its own students.”

“Ohio State claims it is being transparent by reporting nearly 1500 incidents of rape and sexual assault by Dr. Strauss, but it still refuses to disclose how many students were abused,” said Adele P. Kimmel, also co-counsel. “Ohio State knows how many students have reported abuse by Strauss and should disclose that to the public. It is clearly far more than the 177 students referenced in the Perkins Coie report.”

“This new information further shows OSU has known but continues to conceal evidence of Dr. Strauss’s serial sexual abuse. They were guilty of covering it up then and they are guilty of covering it up today,” said Scott E. Smith, also co-counsel.

The plaintiffs in this case are represented by Ilann M. Maazel, Debra Greenberger, and Marissa Benavides of Emery Celli Brinckerhoff & Abady LLP, Scott E. Smith and Brian Noethlich of Scott Elliot Smith LPA, and Adele Kimmel of Public Justice. More on the case is available at www.osusurvivors.com.

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Court Grants Preliminary Injunction and Article 78 Petition Blocking Construction in Two Bridges Neighborhood

On August 1, 2019, state Supreme Court Justice Arthur Engoron granted a preliminary injunction and Article 78 Petition blocking the construction of four massive towers in the Two Bridges neighborhood in Manhattan.  The New York City Council, represented by ECBA, and the Manhattan Borough President sued the City’s development agencies for avoiding the City’s 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 Times,  New York Post, Gothamist, and Curbed.

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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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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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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 77 survivors of sexual abuse by OSU doctor Richard Strauss. While employed by Ohio State, Dr. Strauss reportedly committed at least 47 rapes and 1,429 sexual assaults of Ohio State students, over a period of decades. Ilann M. Maazel, Debra Greenberger, and Marissa Benavides 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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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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“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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Federal Court Sustains Suit Challenging Over-detentions of People Entitled to Release on Bail from New York City Jails

On September 28, 2018, federal judge William H. Pauley III denied a motion by the city of New York seeking to dismiss a proposed class action lawsuit filed by ECBA and co-counsel Romano & Kuan PLLC on behalf of presumptively innocent criminal defendants held for hours or days in New York City jails despite being entitled to release on bail.  The court held that “Plaintiffs adequately allege that their interest in paying bail and being released after paying bail has been infringed by the City’s deliberate indifference.”  The suit alleges that the City is responsible for unreasonable systemic delays in accepting bail payments and in processing detainees for release once bail is posted.  The complaint details a Kafka-esque system where antiquated technology, inadequate staffing, and indifference conspire to keep thousands of New Yorkers each year in jail for hours or days without any legal basis.  The court’s decision ruled that these allegations are sufficient to claim violations of the United States constitution and New York law.  The case will now proceed to discovery.

To read the Court’s decision, click here.
To read the complaint, click here.

To read coverage of the lawsuit in the New York Daily News, click here.

ECBA’s Matt Brinckerhoff Debbie Greenberger, and David Lebowitz, along with Julia Kuan of Romano & Kuan, represent the plaintiffs.

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