Article

Andrew G. Celli, Jr. Appointed to James Transition Committee

In early December 2018, New York State Attorney General-elect Letitia James appointed ECBA co-founding partner Andrew G. Celli, Jr. to her Transition Committee and selected him to lead the Committee’s working group on civil rights enforcement. Celli, who served as Chief of the Civil Rights Bureau in the Office of the Attorney General from 1999 until 2003, convened a group of 35 leading civil rights lawyers to generate ideas and comment on priorities for the new Attorney General. He presented the group’s findings to General James and the full Transition Committee at the Committee’s final meeting on January 23, 2019.

Article

ECBA Client Jazmine Headley Testifies At City Council Oversight Hearing

ECBA client Jazmine Headley gave powerful testimony to the New York City Council at a City Council hearing on February 4, 2019.  Ms. Headley spoke to lawmakers about her experiences in December 2018 when she was attacked, arrested, and forcibly separated from her one-year-old son, after sitting on the floor in an HRA office as she waited for her appointment.  Ms. Headley advocated for a number of reforms, including “social workers not security officers” and more on-site staff at HRA offices.  Ms. Headley told the Council, “We need to change the way HRA provide services to people when they are most in need.”  Members of the Council commended Ms. Headley for her important testimony, and called her treatment “painful and heartbreaking,” acknowledging that it reflected a “system-wide issue.”

Ms. Headley is represented by ECBA attorneys Katie Rosenfeld and Michele Yankson

Watch Ms. Headley’s testimony here. Additional press coverage of Ms. Headley’s testimony can be found here, here and here

Article

City & State NY’s 50 Over 50 List Recognizes Jonathan S. Abady

Jonathan S. Abady has been selected by City & State NY as one of New York’s 50 Most Distinguished People Over 50. City & State NY’s power lists have been a long standing institution in New York. This year was the organization’s fourth annual 50 Over 50 list.  The issue honors top professionals from government relations, advocacy, academia, media, business and more.

Article

Columbia Sociologist Lauds ECBA In Sociological Forum

Sociologist Shamus Khan, Chair and Professor of Sociology at Columbia University, praises the work of ECBA in a forthcoming article in Sociological Forum magazine.  The article, entitled “The Subpoena of Ethnographic Data,” describes the ethical and legal challenges faced when Prof. Khan, a renowned scholar of gender, sexuality, and cultural elites, received a document subpoena seeking the production of ethnographic data. The data in question was collected by Prof. Khan at St. Paul’s School, an elite prep school which Khan profiled in his ground-breaking book Privilege: The Making of an Adolescent Elite at St. Paul’s School.  The subpoena arose from a civil suit brought by a young woman who, as a student at St. Paul’s, alleged that she had been sexually assaulted by another student. The case gained national attention and the accused young man was found guilty of statutory rape. The subpoena sought, among other things, copies of Prof. Khan’s contemporaneous field notes of observations he had made of students, faculty and administrators while living on the campus of St. Paul’s in 2004-2005.  Describing ECBA as a “powerful law firm” and thanking ECBA partner Andrew G. Celli, Jr. for “his counsel,” the article details the firm’s successful effort to force the withdrawal of the subpoena. The firm invoked case law that extends the First-Amendment-based “journalist’s privilege” to academic researchers like Prof. Khan.  In addition to Mr. Celli, firm associate David Lebowitz handled the matter for Prof. Khan. 

Click here to read Prof. Khan’s article in Sociological Forum.

Article

Federal Court Issues Preliminary Injunction for ECBA Client Unlawfully Labeled as a Sex Offender

On January 11, 2019 the United States District Court for the Southern District of New York granted ECBA client Equan Yunus a preliminary injunction removing his unconstitutional designation as a sex offender.  Although Mr. Yunus has never committed sexual misconduct, he had been forced to register as a sex offender under New York’s irrational and overbroad offender registration laws.  Because of this designation, Mr. Yunus was subject to numerous overbearing parole conditions designed to deter sex offenses that bore no relation to his crime of conviction, including limitations on his ability to access a cell phone or computer and to interact with minor members of his own family.

While the New York Court of Appeals had upheld this law as rational years earlier in another case, the federal court agreed with Mr. Yunus and ECBA that this treatment as a sex offender violated his constitutional right to substantive due process.  Mr. Yunus’s designation and its accompanying oppressive restrictions must be removed as a result of the Court’s ruling.

ECBA Attorneys Andrew G. Celli, Jr. and David Berman represent Mr. Yunus.  To read the Court’s opinion granting Mr. Yunus a preliminary injunction, click here.  To read the Guardian’s profile of Mr. Yunus’s case, click here. To read coverage of the case in the New York Law Journal, click here.

Article

ECBA and Co-Counsel File Suit Against New York City and Albany County for Illegal Transfer of Young Rikers Pretrial Detainees to “Black Site” Albany Jail

Today, four young men who were pretrial detainees at Rikers Island until 2018 when the City of New York abruptly transferred them to an upstate “black site” jail, filed a federal civil rights lawsuit against the City of New York, New York City Department of Correction (“DOC”) Commissioner Cynthia Brann, Albany County, Albany County Sheriff Craig D. Apple, Sr., and individual correctional officers.

Since 2015, when it banned solitary confinement for inmates ages 21 and younger, the City and DOC have illegally rendered dozens of young Rikers inmates to Albany County Correctional Facility (the “Albany County Jail”).  Plaintiffs in this case were taken by DOC from Rikers to the Albany County Jail.  Upon arrival, they were systematically subjected to brutal beatings and sexual assaults by jail guards.  Plaintiffs suffered severe injuries, including a perforated eardrum, concussion, rectal bleeding, black eyes, and lacerations.  For the entirety of their time at the Albany County Jail, the Rikers detainees were held in solitary confinement, cut off from meaningful human contact and isolated from family, adequate medical care, and their lawyers.

Plaintiff Davon Washington is a 22-year-old man who resides in the Bronx, New York.  He was released from custody on December 24, 2018.  Plaintiff Steven Espinal is a 19-year-old man, and Plaintiff Pariis Tillery is a 25-year-old man, both of whom are still detained in solitary confinement at the Albany County Jail pending trial.  Plaintiff John Doe is a 24-year-old man who was previously detained at the Albany County Jail and is now serving a sentence in state custody.

Today’s lawsuit, filed in the United States District Court for the Southern District of New York, seeks injunctive relief and damages.  Plaintiffs Espinal and Tillery seek to be transferred out of the Albany County Jail, where they fear daily for their safety.  Plaintiffs are represented by Katie Rosenfeld and Douglas E. Lieb of Emery Celli Brinckerhoff & Abady LLP and Steven Goldman of the Law Office of Goldman & Associates.

The complaint is available here.

Read the New York Times coverage here.

Article

ECBA Represents Jazmine Headley, Brooklyn Mother Wrongfully Attacked and Arrested by HRA and NYPD While Holding Her Toddler Son

ECBA is proud to represent Jazmine Headley, a 23 year-old Brooklyn woman who was subjected to appalling mistreatment by HRA and the NYPD at a Brooklyn HRA office last week, and is now speaking out on her own behalf. After taking the day off of work to address a problem with her son’s childcare voucher, and waiting hours to be seen, Ms. Headley sat on the floor next to her son’s stroller.  In response, HRA and NYPD officers grabbed her, attacked her, ripped her son out of her arms, arrested her, and separated her from her son for several days. The incident was caught on cellphone videos. All charges were dropped, and both the Mayor and HRA Commissioner ultimately issued public apologies to Ms. Headley.  However, in her recent interview with the New York Times, Ms. Headley discussed how this horrific mistreatment is unfortunately all too common for New Yorkers in this situation.

ECBA Partner Katie Rosenfeld represents Ms. Headley, along with ECBA attorney Michele Yankson.

Read coverage of Ms. Headley’s case in the New York Times here.

Article

Inmate at Auburn Correctional Facility Sues Prison Personnel after Brutal Assault by Correctional Officer

ECBA filed a federal civil rights lawsuit on behalf of Matthew Raymond, an inmate at Attica Correctional Facility, against the Superintendent of Auburn Correctional Facility, eight Auburn correctional officers, and two Auburn medical personnel.  ECBA’s Katie Rosenfeld and Emma L. Freeman represent Mr. Raymond.

The suit—filed in the Northern District of New York—charges that, on September 14, 2016, Mr. Raymond was viciously assaulted by Lieutenant Troy Mitchell, an employee of New York State’s Auburn Correctional Facility.  Mitchell—a notorious and violent abuser who has cost the State of New York nearly one million dollars in settlement payouts—took Mr. Raymond into a private room in Auburn’s medical unit.  With Mr. Raymond shackled and immobile, Mitchell cursed at Mr. Raymond and beat him about the head, neck, chest, and groin, using his fists and officers’ baton.  Throughout the attack, five other officers, including Sgt. Thomas Harte and Correction Officers Charles Thomas, Thomas Phillips, and Thomas Giancola, stood by and watched.

The assault left Mr. Raymond with severe and permanent injuries.  He will never be able to urinate on his own again and must be permanently catheterized.  He may not be able to father children.  He suffers from near constant kidney and urinary tract infections.  And he suffers from what appear to be neurological symptoms that impact his ability to walk.

As the suit details, in the aftermath of the assault and in retaliation for Mr. Raymond’s decision to file grievances against the officers involved, medical care personnel at Auburn ignored Mr. Raymond’s serious medical needs and neglected to provide him with remotely adequate care.  Only months after the beating was Mr. Raymond taken to an outside medical facility and given the care he required.

Although Mr. Raymond attempted to use Auburn’s internal grievance procedure to spur an investigation of the assault, Auburn personnel papered over the incident and, instead, levied false disciplinary charges against Mr. Raymond that led to weeks in solitary confinement.

“For decades, DOCCS employee Lt. Mitchell systematically abused prisoners in the New York State prisons,” said Katie Rosenfeld, a partner at ECBA.  “He also corrupted other officers to join this abuse.  DOCCS’ Office of Special Investigation repeatedly turned a blind eye to the truth.  OSI always credited Lt. Mitchell over the reports of prisoners.  DOCCS and OSI must stop covering it up when serial abusers in the ranks hurt people like our client Matt Raymond.  Brutal abuse is not part of the sentence that courts hand down to people in New York State.”

“This lawsuit seeks to remedy the vicious attack perpetrated by Troy Mitchell and his cohort against Matthew—and DOCCS’s long history of ignoring predators in its midst,” said Emma L. Freeman.  “It is long past time for state facilities to take meaningful responsibility for correctional officers tasked with caring for inmates.”

To learn more, read coverage from the NY Daily News here and coverage from the Times Union here.  The complaint can be found here.

Article

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.”

Article

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.

.