Filed Date: July 14, 2010
Closed Date: 2017
Clearinghouse coding complete
On December 14, 2007, the Department of Justice Civil Rights Division (DOJ) began an investigation into the conditions at four Office of Children and Family Services (OCFS) facilities: Lansing Residential Center, Louis Gossett, Jr. Residential Center, Tryon Residential Center, and Tryon Girls Residential Center. The investigations were conducted pursuant to the Civil Rights of Institutionalized Persons Act and the Violent Crime Control and Law Enforcement Act of 1994. On August 14, 2009, the DOJ published in its findings letter that the facilities had violated the due process rights of the confined youths. It also concluded that 1) staff resorted to use force disproportionate to the level of juveniles' infractions and used excessive restraints to discipline them; and 2) investigations into uses of force and restraints were inadequate and that, in many instances, OCFS failed to hold staff accountable for gross violations of policy.
On July 14, 2010, the United States filed this lawsuit in the United States District Court for the Northern District of New York to enforce a settlement agreement with the State of New York and the New York State Office of Children and Family Services under the Violent Crime Control and Law Enforcement Act of 1994. The United States sought declaratory relief and an order enjoining the defendants from continuing practices of excessive force and restraints as detailed in the findings letter and to ensure lawful conditions of confinement. The United States claimed that the harms outlined in their findings letter, specifically that the defendants failed to take reasonable measures to prevent staff from inflicting serious harm on the youths and did not provide adequate mental health care and services, violated the the Due Process Clause of the Fourteenth Amendment. This case was assigned to Senior Judge Frederick J. Scullin, Jr. and referred to Magistrate Judge David R. Homer.
On the same day, the parties also filed the settlement agreement. 2010 WL 10900167. The agreement put forth a remedial plan addressing each of the issues identified in the DOJ's original investigation. It outlined limits on use of restraints—including a prohibition on chemical restraints and psychotropic medications—and use of force in only the least amount necessary. The institutions also agreed to institute new incident reporting procedures and provide improved mental health care and treatment. A monitoring team would produce status reports approximately every six months regarding the facilities' compliance with implementing the settlement provisions. The settlement would last until the facilities achieved substantial compliance with the settlement terms for twelve consecutive months. On July 19, 2010, Judge Scullin, Jr. approved this settlement agreement.
In January 2011, the State closed Tryon Residential Center. Tryon boys were transferred to Finger Lakes Residential Center (formerly Louis Gossett, Jr. Residential Center). In August 2011, the State closed Tryon Girls Residential Center. Tryon girls were transferred to Taberg Residential Center for Girls (Taberg) and Columbia Girls Secure Center. Both parties agreed that Taberg and Columbia would be monitored under the Settlement Agreement. In August 2013, the State closed Lansing Residential Center. The girls held at Lansing were released on community supervision.
After years of monitoring and biannual status reports, the court began to dismiss the institution defendants one by one. On September 8, 2014, the court dismissed Columbia Girls Secure Center, which had maintained substantial compliance under the settlement agreement for twelve consecutive months. On December 21, 2015, the court dismissed Finger Lakes Residential Center, which had maintained substantial compliance under the settlement agreement for twelve consecutive months. And on October 20, 2017, the court dismissed Taberg Residential Center, which had maintained substantial compliance under the settlement agreement for twelve consecutive months.
Dismissing Taberg Residential Center concluded the State’s obligations under the settlement agreement. This case is now closed.
Summary Authors
Richard Jolly (11/24/2014)
Hannah Greenhouse (11/19/2018)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4326403/parties/united-states-v-the-state-of-new-york/
Abbate, Julie K. (District of Columbia)
Bagenstos, Samuel R. (District of Columbia)
Fox, Deena (District of Columbia)
Cuomo, Andrew M. (New York)
Beyer, Marty (New York)
Homer, David R. (New York)
Scullin, Frederick James Jr. (New York)
Abbate, Julie K. (District of Columbia)
Bagenstos, Samuel R. (District of Columbia)
Fox, Deena (District of Columbia)
Gayle, Winsome (District of Columbia)
Gupta, Vanita (District of Columbia)
Jansen, Regina (District of Columbia)
Kappelhoff, Mark (District of Columbia)
Lareau, Alyssa Connell (District of Columbia)
Moossy, Robert J. (District of Columbia)
Perez, Thomas E. (District of Columbia)
Preston, Judith (Judy) C. (District of Columbia)
See docket on RECAP: https://www.courtlistener.com/docket/4326403/united-states-v-the-state-of-new-york/
Last updated Feb. 11, 2024, 3:05 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: July 14, 2010
Closing Date: 2017
Case Ongoing: No
Plaintiffs
Plaintiff Description:
United States on behalf of inmates at New York juvenile corrective institutions
Plaintiff Type(s):
U.S. Dept of Justice plaintiff
Attorney Organizations:
U.S. Dept. of Justice Civil Rights Division
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
New York State Office of Children and Family Services , State
Defendant Type(s):
Case Details
Causes of Action:
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)
Constitutional Clause(s):
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 2010 - 2017
Content of Injunction:
Issues
General:
Incident/accident reporting & investigations
Informed consent/involuntary medication
Policing:
Jails, Prisons, Detention Centers, and Other Institutions:
Assault/abuse by staff (facilities)
Medical/Mental Health:
Type of Facility: