Case: People of the State of New York ex rel. Short v. Capra

54815/2020 | New York state trial court

Filed Date: May 6, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: This was a state court habeas petition filed by medically vulnerable inmates in Westchester prisons (represented by Legal Aid), requesting immediate release in light of COVID-19. The case was dismissed on May 26, 2020. On May 6, 2020, six inmates filed this action in the Westchester County Court. Represented by the Legal Aid Society and private counsel, the inmates petitioned for habeas corpus, naming the New York State Department of Corrections and Community Supervision and t…

COVID-19 Summary: This was a state court habeas petition filed by medically vulnerable inmates in Westchester prisons (represented by Legal Aid), requesting immediate release in light of COVID-19. The case was dismissed on May 26, 2020.


On May 6, 2020, six inmates filed this action in the Westchester County Court. Represented by the Legal Aid Society and private counsel, the inmates petitioned for habeas corpus, naming the New York State Department of Corrections and Community Supervision and the superintendents of Sing Sing Correctional Facility, Taconic Correctional Facility, and Bedford Hills Correctional Facility as respondents. The petitioners alleged that their continued incarceration was unconstitutional, violating the New York Constitution and the Eighth Amendment of the U.S. Constitution, and requested immediate release. Specifically, they argued that because preventative measures were effectively impossible in the prison setting, the respondents' failure to release medically vulnerable individuals constituted deliberate indifference. The case was assigned to Judge George E. Fufidio, Jr.

On May 14, the state filed a cross motion, asking the court to deny the petition and dismiss the case, arguing that the respondents had not been "indifferent" but had taken significant steps to minimize the risk of COVID-19.

On May 26, Judge Fufidio, Jr. entered an order dismissing the petition, finding that the petitioners had not successfully demonstrated deliberate indifference, as required for liability. Judge Fufidio Jr. also noted that even if the petitioners had demonstrated deliberate indifference, it was not clear that habeas release was the appropriate remedy.

Summary Authors

Caitlin Kierum (6/18/2020)

People


Judge(s)
Attorney for Plaintiff

Abrams, David J. (New York)

Choi, Brian (New York)

Forster, Jill L. (New York)

Attorney for Defendant

Annucci, Anthony J. (New York)

Capra, Michael (New York)

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Documents in the Clearinghouse

Document

54815/2020

Docket [State Court Website]

The People of the State of New York v. Capra

New York state supreme court

May 28, 2020

May 28, 2020

Docket
1

54815/2020

Verified Petition for Habeas Corpus

People of the State of New York ex rel Short v. Capra

New York state supreme court

May 6, 2020

May 6, 2020

Complaint
6

54815/2020

Emergency Affirmation of Stefen R. Short in Support of Order to Show Clause

The People of the State of New York v. Capra

New York state supreme court

May 6, 2020

May 6, 2020

Pleading / Motion / Brief
12

54815/2020

Affirmation

The People of the State of New York

May 14, 2020

May 14, 2020

Pleading / Motion / Brief

Docket

Last updated Feb. 14, 2024, 4:42 p.m.

ECF Number Description Date Link Date / Link
1

PETITION

May 6, 2020

May 6, 2020

Clearinghouse
2

EXHIBIT(S) - 1 COVID-19 Impact on Prisons Articles

May 6, 2020

May 6, 2020

3

EXHIBIT(S) - 2 Affirmation of Robert B. Greifinger MD

May 6, 2020

May 6, 2020

4

EXHIBIT(S) - 3 Reducing Prison Population Articles

May 6, 2020

May 6, 2020

5

ORDER TO SHOW CAUSE - ACCOMPANYING COMMENCEMENT DOC(S) (PROPOSED) (Motion #1) Order to Show Cause re: Granting Petitioners A.A. and B.B.'s application to proceed under these anon ... show more

May 6, 2020

May 6, 2020

6

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP Emergency Affirmation Of Stefen R. Short In Support Of Order To Show Cause

May 6, 2020

May 6, 2020

Clearinghouse
7

RJI -RE: WRIT OF HABEAS CORPUS

May 6, 2020

May 6, 2020

8

ORDER - OTHER

May 8, 2020

May 8, 2020

9

AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1)

May 12, 2020

May 12, 2020

10

NOTICE OF CROSS-MOTION (Motion #2) Notice of Cross-Motion

May 14, 2020

May 14, 2020

11

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF CROSS-MOTION (Motion #2) Affirmation of Rachel Zaffrann In Support of Respondents' Cross Motion to Dismiss and in Opposition ... show more

May 14, 2020

May 14, 2020

12

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #2) Affirmation of Charles J. Quackenbush with Exhibit A-F Possible SSN Administratively Redacted

May 14, 2020

May 14, 2020

Clearinghouse
13

NO FEE AUTHORIZATION (LETTER/ORDER/AFFIRMATION) (Motion #2) No Fee Letter

May 14, 2020

May 14, 2020

14

STATEMENT OF AUTHORIZATION FOR ELECTRONIC FILING (Motion #2) Statement of Authorization to File

May 14, 2020

May 14, 2020

15

MEMORANDUM OF LAW IN REPLY (Motion #1) Petitioners Memorandum Of Law In Further Support Of The Verified Petition For Habeas Corpus And In O ... show more

May 15, 2020

May 15, 2020

16

AFFIDAVIT OR AFFIRMATION IN REPLY (Motion #1) Affirmation In Support

May 15, 2020

May 15, 2020

17

EXHIBIT(S) - 1 (Motion #1) Haynes v Harder

May 15, 2020

May 15, 2020

18

EXHIBIT(S) - 2 (Motion #1) People of the State of New York ex rel. Carroll v. Keyser

May 15, 2020

May 15, 2020

19

EXHIBIT(S) - 3 (Motion #1) People of the State of New York ex rel. Gregor v Reynolds

May 15, 2020

May 15, 2020

20

ORDER - FINAL

May 26, 2020

May 26, 2020

21

NOTICE OF ENTRY Notice of Entry with Decision & Order

May 28, 2020

May 28, 2020

22

NOTICE OF APPEAL (Motion #2) Notice of Appeal of Decision and Order of the Supreme Court, Westchester County, Hon. George B. Fufi ... show more

June 23, 2020

June 23, 2020

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: May 6, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Inmates in Westchester prisons

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Sing Sing Correctional Facility, State

Bedford Hills Correctional Facility, State

Taconic Correctional Facility, State

New York State Department of Corrections and Community Supervision, State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Cruel and Unusual Punishment

Special Case Type(s):

Habeas

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief denied

Issues

General:

Conditions of confinement

Sanitation / living conditions

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Denied

Mitigation Requested

Release Denied

Release Requested