University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name United States of America v. The State of New York JI-NY-0009
Docket / Court 1:10-cv-00858 ( N.D.N.Y. )
State/Territory New York
Case Type(s) Juvenile Institution
Attorney Organization U.S. Dept. of Justice Civil Rights Division
Case Summary
On December 14, 2007, the Department of Justice Civil Rights Division (DOJ) began an investigation of conditions at four Office of Children and Family Services facilities: Lansing Residential Center, Louis Gossett, Jr. Residential Center, Tryon Residential Center, and Tryon Girls Residential Center. ... read more >
On December 14, 2007, the Department of Justice Civil Rights Division (DOJ) began an investigation of conditions at four Office of Children and Family Services facilities: Lansing Residential Center, Louis Gossett, Jr. Residential Center, Tryon Residential Center, and Tryon Girls Residential Center. The investigations was conducted pursuant to the Civil Rights of Institutionalized Persons Act, 42 U.S.C. § 1997, and the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. § 14141. On August 14, 2009, the DOJ published in its findings letter that the facilities had violated the due process rights of the imamates. Although the DOJ offered opportunities to cure these deficiencies, negotiations between the parties were unsuccessful.

On July 14, 2010, the United States filed suit against the State of New York and the New York State Office of Children and Family Services in the Northern District of New York under 42 U.S.C. § 14141. The government alleged the harms outlined in the findings letter, specifically that defendants had failed to take reasonable measures to prevent staff from inflicting serious harm on youths and had failed to provide adequate mental health care and services in violation of the Due Process Clause of the Fourteenth Amendment. The government sought declaratory relief, and an order permanently enjoining defendants from continuing the alleged acts.

On the same day, the parties filed a joint motion to enter a settlement agreement. The agreement put forth a remedial plan addressing each of the issues identified in the DOJ's original investigation. It also identified a monitoring team that 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 conformance with the settlement terms for twelve consecutive months. On July 19, 2010, Judge Frederick J. Scullin, Jr. approved the 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.

On September 4, 2014, the parties filed a joint motion to dismiss Columbia Girls Secure Center, which had achieved substantial conformance. The motion was granted on September 8, 2014 on Judge Frederick J. Scullin Jr.

As on November 24, 2014, litigation is ongoing regarding the rest of the facilities.

Richard Jolly - 11/24/2014


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Issues and Causes of Action
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Issues
Affected Gender
Female
Male
Constitutional Clause
Due Process
Content of Injunction
Monitor/Master
Recordkeeping
Remedial education
Reporting
Defendant-type
Jurisdiction-wide
General
Assault/abuse by staff
Disciplinary procedures
Failure to discipline
Incident/accident reporting & investigations
Informed consent/involuntary medication
Pepper/OC spray
Restraints : physical
Medical/Mental Health
Medication, administration of
Mental health care, general
Plaintiff Type
State Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 14141
Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.
Defendant(s) New York State Office of Children and Family Services
The State of New York
Plaintiff Description United States on behalf of inmates at New York juvenile corrective institutions
Indexed Lawyer Organizations U.S. Dept. of Justice Civil Rights Division
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration 2010 - n/a
Case Ongoing Yes
Additional Resources
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Links What Happens When Police Are Forced to Reform?
Written: Nov. 13, 2015
By: Kimbriell Kelly, Sarah Childress and Steven Rich (Frontline/Post)
[ Detail ] [ External Link ]

  Federal Enforcement of Police Reform
By: Stephen Rushin (University of Illinois College of Law, University of California, Berkeley - Jurisprudence and Social Policy Program )
[ Detail ] [ External Link ]

Docket(s)
1:10-cv-858 (N.D.N.Y.)
JI-NY-0009-9000.pdf | Detail
Date: 10/10/2014
Source: PACER [Public Access to Court Electronic Records]
General Documents
Investigation of the Lansing Residential Center, Louis Gossett, Jr. Residential Center, Tryon Residential Center, and Tryon Girls Center
JI-NY-0009-0001.pdf | Detail
Date: 09/14/2009
Settlement Agreement
JI-NY-0009-0026.pdf | External Link | Detail
Date: 07/14/2010
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Complaint [ECF# 1]
JI-NY-0009-0002.pdf | Detail
Date: 07/14/2010
Source: PACER [Public Access to Court Electronic Records]
Joint Motion to Enter Settlement Agreement [ECF# 3]
JI-NY-0009-0003.pdf | Detail
Date: 07/14/2010
Source: PACER [Public Access to Court Electronic Records]
Order Entering Settlement Agreement [ECF# 4] (N.D.N.Y.)
JI-NY-0009-0004.pdf | Detail
Date: 07/19/2010
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Lansing 
Residential
 Center [ECF# 5]
JI-NY-0009-0006.pdf | Detail
Date: 09/14/2011
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Finger Lakes Residential Center [ECF# 6]
JI-NY-0009-0007.pdf | Detail
Date: 12/10/2011
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Columbia Girls Secure Center [ECF# 7]
JI-NY-0009-0008.pdf | Detail
Date: 01/23/2012
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Taberg Residential Center for Girls [ECF# 8]
JI-NY-0009-0009.pdf | Detail
Date: 04/27/2012
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Lansing Residential Center [ECF# 9]
JI-NY-0009-0010.pdf | Detail
Date: 06/11/2012
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Finger Lakes Residential Center [ECF# 10]
JI-NY-0009-0011.pdf | Detail
Date: 06/12/2012
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Columbia Girls Secure Center [ECF# 11]
JI-NY-0009-0012.pdf | Detail
Date: 10/31/2012
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Taberg Residential Center for Girls [ECF# 12]
JI-NY-0009-0013.pdf | Detail
Date: 11/18/2012
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Lansing Residential Center for Girls [ECF# 13]
JI-NY-0009-0014.pdf | Detail
Date: 01/13/2013
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Finger Lakes Residential Center [ECF# 14]
JI-NY-0009-0015.pdf | Detail
Date: 01/31/2013
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Columbia Girls Secure Center [ECF# 15]
JI-NY-0009-0016.pdf | Detail
Date: 05/30/2013
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Taberg Residential Center for Girls [ECF# 16]
JI-NY-0009-0017.pdf | Detail
Date: 08/26/2013
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Finger Lakes Residential Center [ECF# 17]
JI-NY-0009-0018.pdf | Detail
Date: 08/26/2013
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Lansing Residential Center for Girls [ECF# 18]
JI-NY-0009-0019.pdf | Detail
Date: 08/30/2013
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Columbia Girls Secure Center [ECF# 19]
JI-NY-0009-0020.pdf | Detail
Date: 11/10/2013
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Taberg Residential Center for Girls [ECF# 20]
JI-NY-0009-0021.pdf | Detail
Date: 01/21/2014
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Finger Lakes Residential Center [ECF# 21]
JI-NY-0009-0022.pdf | Detail
Date: 03/24/2014
Source: PACER [Public Access to Court Electronic Records]
Facility 
Monitoring
 Report: Columbia Girls Secure Center [ECF# 22]
JI-NY-0009-0023.pdf | Detail
Date: 04/10/2014
Source: PACER [Public Access to Court Electronic Records]
Joint Motion to Dismiss [ECF# 23]
JI-NY-0009-0024.pdf | Detail
Date: 09/04/2014
Source: PACER [Public Access to Court Electronic Records]
Order [Dismissing Columbia Girls Secure Center from Settlement Agreement] [ECF# 24] (N.D.N.Y.)
JI-NY-0009-0005.pdf | Detail
Date: 09/08/2014
Source: PACER [Public Access to Court Electronic Records]
Order [Granting Motion to Dimiss] [ECF# 24] (N.D.N.Y.)
JI-NY-0009-0025.pdf | Detail
Date: 09/08/2014
Source: PACER [Public Access to Court Electronic Records]
Facility Monitoring Report: Finger Lakes Residential Center [Lansing, NY] [ECF# 27]
JI-NY-0009-0027.pdf | External Link | Detail
Date: 05/07/2015
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Facility Monitoring Report: Taberg Residential Center for Girls [Taberg, NY] [ECF# 28]
JI-NY-0009-0028.pdf | External Link | Detail
Date: 05/18/2015
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Facility Monitoring Report: Taberg Residential Center for Girls [Taberg, NY] [ECF# 31]
JI-NY-0009-0029.pdf | External Link | Detail
Date: 08/27/2015
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Joint Motion to Dismiss [ECF# 32]
JI-NY-0009-0032.pdf | External Link | Detail
Date: 12/15/2015
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Joint Motion to Dismiss [ECF# 33]
JI-NY-0009-0030.pdf | External Link | Detail
Date: 12/15/2015
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Order (N.D.N.Y.)
JI-NY-0009-0033.pdf | External Link | Detail
Date: 12/21/2015
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Order [ECF# 35] (N.D.N.Y.)
JI-NY-0009-0031.pdf | External Link | Detail
Date: 12/21/2015
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Facility Monitoring Report: Taberg Residential Center for Girls [Taberg, NY] [ECF# 36]
JI-NY-0009-0034.pdf | External Link | Detail
Date: 04/12/2016
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Facility Monitoring Report: Taberg Residential Center for Girls [Taberg, NY] [ECF# 37]
JI-NY-0009-0035.pdf | External Link | Detail
Date: 10/26/2016
Source: U.S. Department of Justice, Civil Rights Division, Special Litigation Section
Judges Homer, David R. (N.D.N.Y.) [Magistrate]
JI-NY-0009-9000
Scullin, Frederick James Jr. (FISC)
JI-NY-0009-0004 | JI-NY-0009-0005 | JI-NY-0009-0025 | JI-NY-0009-0031 | JI-NY-0009-0033 | JI-NY-0009-9000
Monitors/Masters Beyer, Marty (New York)
JI-NY-0009-0006 | JI-NY-0009-0007 | JI-NY-0009-0008 | JI-NY-0009-0009 | JI-NY-0009-0010 | JI-NY-0009-0011 | JI-NY-0009-0012 | JI-NY-0009-0013 | JI-NY-0009-0014 | JI-NY-0009-0015 | JI-NY-0009-0016 | JI-NY-0009-0017 | JI-NY-0009-0018 | JI-NY-0009-0019 | JI-NY-0009-0020 | JI-NY-0009-0021 | JI-NY-0009-0022 | JI-NY-0009-0023 | JI-NY-0009-0027 | JI-NY-0009-0028 | JI-NY-0009-0029 | JI-NY-0009-0034 | JI-NY-0009-0035
Roush, David W. (New York)
JI-NY-0009-0006 | JI-NY-0009-0007 | JI-NY-0009-0008 | JI-NY-0009-0009 | JI-NY-0009-0010 | JI-NY-0009-0011 | JI-NY-0009-0012 | JI-NY-0009-0013 | JI-NY-0009-0014 | JI-NY-0009-0015 | JI-NY-0009-0016 | JI-NY-0009-0017 | JI-NY-0009-0018 | JI-NY-0009-0019 | JI-NY-0009-0020 | JI-NY-0009-0021 | JI-NY-0009-0022 | JI-NY-0009-0023 | JI-NY-0009-0027 | JI-NY-0009-0028 | JI-NY-0009-0029 | JI-NY-0009-0034 | JI-NY-0009-0035
Plaintiff's Lawyers Abbate, Julie K. (District of Columbia)
JI-NY-0009-0002 | JI-NY-0009-0003 | JI-NY-0009-0026
Bagenstos, Samuel R. (District of Columbia)
JI-NY-0009-0002 | JI-NY-0009-0003 | JI-NY-0009-0026
Gayle, Winsome (District of Columbia)
JI-NY-0009-0030 | JI-NY-0009-0032
Gupta, Vanita (District of Columbia)
JI-NY-0009-0030 | JI-NY-0009-0032
Jansen, Regina (District of Columbia)
JI-NY-0009-0024 | JI-NY-0009-0030 | JI-NY-0009-0032
Kappelhoff, Mark (District of Columbia)
JI-NY-0009-0024
Lareau, Alyssa Connell (District of Columbia)
JI-NY-0009-0002 | JI-NY-0009-0003 | JI-NY-0009-0026 | JI-NY-0009-9000
Moossy, Robert J. (District of Columbia)
JI-NY-0009-0030 | JI-NY-0009-0032
Perez, Thomas E. (District of Columbia)
JI-NY-0009-0001 | JI-NY-0009-0002 | JI-NY-0009-0003 | JI-NY-0009-0026
Preston, Judith C. (District of Columbia)
JI-NY-0009-0002 | JI-NY-0009-0003 | JI-NY-0009-0024 | JI-NY-0009-0026 | JI-NY-0009-0030 | JI-NY-0009-0032
Samuels, Jocelyn (District of Columbia)
JI-NY-0009-0024
Smith, Jonathan Mark (District of Columbia)
JI-NY-0009-0024
Defendant's Lawyers Cuomo, Andrew M. (New York)
JI-NY-0009-0026
Levine, Megan L. (New York)
JI-NY-0009-0024 | JI-NY-0009-0026 | JI-NY-0009-0030 | JI-NY-0009-0032 | JI-NY-0009-9000
Miles-Gustave, Suzanne (New York)
JI-NY-0009-0030 | JI-NY-0009-0032
Prochera, Lee (New York)
JI-NY-0009-0024
Schneiderman, Eric T. (New York)
JI-NY-0009-0024 | JI-NY-0009-0030 | JI-NY-0009-0032

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