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Case Name Jane B. v. N.Y. City Dept. of Social Serv. JI-NY-0004
Docket / Court 87 CIV. 2470 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Juvenile Institution
Attorney Organization Legal Services/Legal Aid
Case Summary
On April 13, 1987, two female juveniles filed a class action civil rights lawsuit against the New York City Department of Social Services in the United States District Court for the Southern District of New York. The plaintiffs, represented by Legal Aid Society, Juvenile Rights Division, alleged ... read more >
On April 13, 1987, two female juveniles filed a class action civil rights lawsuit against the New York City Department of Social Services in the United States District Court for the Southern District of New York. The plaintiffs, represented by Legal Aid Society, Juvenile Rights Division, alleged that the Ashford and Hegeman Diagnostic Reception Centers were overcrowded, had a high incidence of physical violence and verbal abuse among staff and residents, had frequent drug and alcohol abuse, and that the living environment was dangerously unsanitary. Additionally, they asserted that they were deprived of adequate medical services, education, diagnostic and mental health services, recreation and exercise. Plaintiffs sought declaratory and injunctive relief for the class and compensatory damages for themselves.

On October 2, 1987, the district court (Judge Peter Leisure) issued an opinion and order certifying the class to include all current and future residents of the two facilities. Jane B. v. New York City Dep't of Soc. Serv., 117 F.R.D. 64 (S.D.N.Y. 1987). After certification, named plaintiff Jane B. indicated her desire to withdraw from the litigation and the court granted another juvenile's motion to intervene as a named plaintiff and class representative by memorandum decision and order dated April 28, 1988.

On September 19, 1988, the district court (Judge Leisure) issued a memorandum decision and order regarding defendants' motion to dismiss for failure to state a claim and motion for judgment on the pleadings. Jane B. v. New York City Dep't of Soc. Serv., No. 87-2470, 1988 U.S. Dist. WL 126875 (S.D.N.Y. Sept. 19, 1988). Defendants asserted that the named plaintiffs lacked standing to bring claims of (1) improper medical treatment; (2) improper dispensation of medication; (3) inadequate screening and training of security guards; (4) insufficient recreation and exercise; and (5) inadequate special education for the handicapped.

The court held that the plaintiffs had standing to allege that defendants failed to offer adequate medical treatment to the class, because one of the named plaintiffs was personally denied medical care after sustaining an injury. Plaintiffs were also found to have standing regarding screening and training of security guards, because plaintiffs asserted that they were personally free to come and go as the pleased and that they were harassed repeatedly by groups of males who loitered about the buildings and got into the buildings with little difficulty. The court further found that the plaintiffs had standing to allege insufficient recreation and exercise, because plaintiffs were required to endure substantial periods of idleness, which often led to fights. The court found plaintiffs lacked standing in regards to dispensation of medication and special education, since they were not personally harmed by these acts or omissions by defendants. We have no further information on this case. The docket ends January 11, 1991 with the case closed.

Emilee Baker - 05/21/2006


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Issues and Causes of Action
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Issues
Affected Gender
Female
Crowding
Crowding / caseload
General
Assault/abuse by residents/inmates/students
Assault/abuse by staff
Counseling
Education
Recreation / Exercise
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Medical/Mental Health
Medical care, general
Medication, administration of
Mental health care, general
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. ยง 1983
Defendant(s) New York City Department of Social Services
Plaintiff Description All current and future residents of Ashford and Hegeman Diagnostic Reception Centers
Indexed Lawyer Organizations Legal Services/Legal Aid
Class action status sought Yes
Class action status granted Yes
Prevailing Party Mixed
Public Int. Lawyer Yes
Nature of Relief Damages
Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1987 - 1991
Case Closing Year 1991
Case Ongoing No
Docket(s)
87-2470 (S.D.N.Y.) 01/11/1991
JI-NY-0004-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Opinion & Order 10/02/1987 (117 F.R.D. 64) (S.D.N.Y.)
JI-NY-0004-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Memorandum Decision and Order 09/19/1988 (1988 WL 126875 / 1988 U.S.Dist.LEXIS 12977) (S.D.N.Y.)
JI-NY-0004-0002 PDF | WESTLAW| LEXIS | Detail
Judges Leisure, Peter Keeton (S.D.N.Y.)
JI-NY-0004-0001 | JI-NY-0004-0002 | JI-NY-0004-9000
Monitors/Masters None on record
Plaintiff's Lawyers Gittis, Lenore (New York)
JI-NY-0004-0001 | JI-NY-0004-0002
McNally, Kay G. (New York)
JI-NY-0004-0001 | JI-NY-0004-0002
Weintraub, Henry S. (New York)
JI-NY-0004-0001 | JI-NY-0004-0002
Defendant's Lawyers Levine, Antonia (New York)
JI-NY-0004-0001 | JI-NY-0004-0002
Rothenberg, Elaine (New York)
JI-NY-0004-0002
Turkle, Bruce (New York)
JI-NY-0004-0001
Zimroth, Peter L. (New York)
JI-NY-0004-0001 | JI-NY-0004-0002
Other Lawyers None on record

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