The City of New York has agreed to pay $6 million to Derrick Deacon, a man who spent over twenty years in prison for a murder he did not commit. Mr. Deacon was initially convicted in 1989 as the result of egregious misconduct by law enforcement and prosecutors. After new evidence came to light showing that Mr. Deacon was not the perpetrator, he was granted a retrial and acquitted in minutes. This suit, filed after his acquittal, challenged the official misconduct used to initially convict Mr. Deacon. The New York Daily News covered the settlement here.
ECBA attorneys Earl Ward, Andrew Wilson, Hayley Horowitz, and Jessica Clarke represented Mr. Deacon, together with Glen A. Garber, P.C.
On September 22, 2016, ECBA, along with Ressler and Tesh PLLC, filed a federal lawsuit in Long Island on behalf of a young, special needs child who was improperly placed by the agency SCO Family of Services in the home of an abusive pedophile—Cesar Gonzales-Mugaburu. This child, who is originally from Washington State, was transferred through SCO Family of Services nearly 3,000 miles away to Mugaburu in Long Island. Once there, he suffered a fate similar to the many vulnerable boys forced to live with this madman. He was physically and mentally abused, subjected to long periods of starvation, and sexually assaulted. As alleged in the lawsuit, SCO Family of Services ignored repeated complaints about Mugaburu, including those from J.A. himself, warnings from Suffolk County’s foster agency, and numerous red flags about Mugaburu and his home.
Read more about the case and Mugaburu in press coverage by the New York Times and Daily News.
ECBA is excited to announce that Jessica Clarke has joined the firm as an Associate. Prior to joining the firm, Jessica worked for five years as a Trial Attorney with the Civil Rights Division of the U.S. Department of Justice in the Housing & Civil Enforcement Section. Before joining the Department of Justice, she clerked for the Hon. Solomon Oliver, Jr. of the Northern District of Ohio. She also worked as a summer associate with Cleary, Gottlieb, Steen & Hamilton, LLP and served as a judicial extern for the Hon. James L. Graham of the Southern District of Ohio.
While at the U.S. Department of Justice, Jessica successfully tried United States v. Town of Colorado City, a first-of-its-kind housing discrimination and police misconduct case. Read about the favorable jury verdict here. To read an in-depth profile of the case in Rolling Stone, click here.
On July 18, 2012, ECBA filed a lawsuit in federal court against Eihab Human Services, Inc., alleging serious neglect and mistreatment of B.W., a young autistic man who was in the facility’s care. Over the course of his stay with Eihab, B.W. was taken to the hospital on six separate occasions. One of those occasions occurred following an incident in which B.W. nearly choked to death on a corncob, the result of grossly inadequate supervision and staff training. In the wake of the choking incident, the complaint alleges, the facility and its employees continued to mistreat B.W. and ignored his medical needs. Within three months, he became severely malnourished, his weight dropping to a mere 56 pounds. In addition to Eihab’s neglect, the lawsuit also alleges that B.W. was frequently left unattended in soiled clothing and suffered numerous unexplained bruises and cuts. B.W. is represented by ECBA’s Ilann M. Maazel, Elizabeth Saylor, and Jessica Clarke.
To read more about the case, go to nydailynews.com or nytimes.com. To read the complaint, click here.