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Case Name S. v. City of New York CW-NY-0011
Docket / Court 1:17-cv-07661 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Child Welfare
Case Summary
On October 6, 2017, parents with perceived or actual intellectual disabilities who had been investigated for child abuse or neglect by New York City's Administration for Children's Services filed this class action lawsuit against New York City in the U.S. District Court for the Southern District of ... read more >
On October 6, 2017, parents with perceived or actual intellectual disabilities who had been investigated for child abuse or neglect by New York City's Administration for Children's Services filed this class action lawsuit against New York City in the U.S. District Court for the Southern District of New York. The plaintiffs sought declaratory and injunctive relief against the defendant for violations of Title II of the Americans with Disabilities Act, 42 U.S.C. § 12131 et seq., and Section 504 of the Rehabilitation Act of 1973, 29 U.S.C. § 794. Specifically, the plaintiffs alleged that the defendants failed to provide services, programs, and training tailored to the plaintiffs' needs and, as a result, they were disadvantaged during each stage of a child welfare case. The plaintiffs are represented by the New York Legal Assistance Group and private counsel.

As of June 15, 2018, the parties are engaged in discovery; the case is ongoing.

Cade Boland - 06/15/2018


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Issues and Causes of Action
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Issues
Defendant-type
Jurisdiction-wide
Disability
Mental impairment
Discrimination-basis
Disability (inc. reasonable accommodations)
General
Access to public accommodations - governmental
Family abuse and neglect
Family reunification
Foster care (benefits, training)
Individualized planning
Parents (visitation, involvement)
Pattern or Practice
Staff (number, training, qualifications, wages)
Mental Disability
Intellectual/developmental disability, unspecified
Plaintiff Type
Private Plaintiff
Causes of Action Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Defendant(s) The City of New York
Plaintiff Description Parents with actual or perceived intellectual disabilities who have been or will be investigated for child abuse or neglect by Defendant's Administration for Children's Services.
Class action status sought Yes
Class action status granted Pending
Filed Pro Se No
Prevailing Party None Yet / None
Public Int. Lawyer Yes
Nature of Relief None yet
Source of Relief None yet
Filing Year 2017
Case Ongoing Yes
Additional Resources
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  Legal Accountability in the Service-Based Welfare State: Lessons from Child Welfare Reform
Date: Summer 2009
By: Kathleen G. Noonan, Charles F. Sabel, William H. Simon (Center for High Impact Philanthropy , Columbia Law School and Stanford Law School Faculty)
Citation: 34 Law & Soc. Inquiry 523 (Summer 2009)
[ Detail ] [ External Link ]

Docket(s)
1:17-cv-7661 (S.D.N.Y.)
CW-NY-0011-9000.pdf | Detail
Date: 03/27/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint [ECF# 1]
CW-NY-0011-0001.pdf | Detail
Date: 10/06/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Nathan, Alison Julie (S.D.N.Y.)
CW-NY-0011-9000
Plaintiff's Lawyers Hsiao, Iris (New York)
CW-NY-0011-0001 | CW-NY-0011-9000
Jois, Elizabeth Anne (New York)
CW-NY-0011-0001 | CW-NY-0011-9000
Julme, Thalia (New York)
CW-NY-0011-0001 | CW-NY-0011-9000
Katz, Sharon (New York)
CW-NY-0011-0001 | CW-NY-0011-9000
Lutchen, Alexa B (New York)
CW-NY-0011-0001 | CW-NY-0011-9000
McNair, Cindy Siyao (New York)
CW-NY-0011-0001 | CW-NY-0011-9000
Sheinfeld, Dara Lynn (New York)
CW-NY-0011-0001 | CW-NY-0011-9000
Stevens, Jane Greengold (New York)
CW-NY-0011-0001 | CW-NY-0011-9000
Windels, James H.R. (New York)
CW-NY-0011-0001 | CW-NY-0011-9000
Wolfgang, Katelyn Trionfetti (New York)
CW-NY-0011-9000
Defendant's Lawyers Jacob, Agnetha Elizabeth (New York)
CW-NY-0011-9000
Mbaye, Leslie Berson (New York)
CW-NY-0011-9000
Schnittman, Evan Robert (New York)
CW-NY-0011-9000

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