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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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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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Haggis Abandons Case against Haleigh Breest

Late yesterday, director Paul Haggis abandoned his lawsuit against Haleigh Breest. A lower court dismissed Haggis’ case on August 14, 2018, and Haggis quietly dropped his appeal yesterday.

Though the Haggis case against Ms. Breest is over, Ms. Breest’s sexual assault case against Mr. Haggis continues.

Read more about the case here, here, and here.

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Ilann M. Maazel Published in the New York Law Journal

The New York City Victims of Gender-Motivated Violence Protection Act

Civil Rights Litigation columnist Ilann M. Maazel writes: “Here in New York City, we have another statute, virtually unknown and unused. It is the New York City Victims of Gender-Motivated Violence Protection Act (for present purposes, “the Act”). In the #MeToo era, every civil rights lawyer in New York City should know, and where appropriate, use, the Act.”

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Historic Settlement in Pennsylvania

ECBA has settled the 2016 Pennsylvania recount case brought by presidential candidate Jill Stein and Pennsylvania voters. The lawsuit challenged Pennsylvania’s use of paperless voting systems, as well as its byzantine, anti-voter recount procedures.

The settlement requires Pennsylvania to provide voter-verifiable paper ballots to all voters by 2020, and automatic, robust, statewide election audits by 2022.

“With this settlement, Pennsylvania will go from an election integrity backwater to a national leader,” said Ilann M. Maazel. “We will be watching closely to ensure Pennsylvania implements every one of these important election reforms.”

The Pennsylvania plaintiffs are represented by Ilann M. Maazel, Ali Frick, and Doug Lieb, as well as co-counsel Montgomery McCracken Walker & Rhoads. In addition, Jonathan Abady and Andrew G. Celli Jr. represented the overall Stein 2016 recount effort.

The settlement can be found here. The press release is here.

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