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Case Name Bergamaschi v. Cuomo JC-NY-0081
Docket / Court 1:20-cv-02817 ( S.D.N.Y. )
State/Territory New York
Case Type(s) Jail Conditions
Special Collection COVID-19 (novel coronavirus)
Attorney Organization New York Civil Liberties Union (NYCLU)
Case Summary
COVID-19 Summary: This is a putative action challenging the lawfulness of New York state law that requires mandatory detention of all alleged parole violators, in light of COVID-19. The plaintiffs sought due process in detention hearings and the injunction of the defendants' mandatory detention ... read more >
COVID-19 Summary: This is a putative action challenging the lawfulness of New York state law that requires mandatory detention of all alleged parole violators, in light of COVID-19. The plaintiffs sought due process in detention hearings and the injunction of the defendants' mandatory detention scheme. The court denied a preliminary injunction on April 20, 2020.

On April 3, 2020, two individuals jailed on parole warrants filed this suit in the U.S. District Court for the Southern District of New York, on behalf of a proposed class of all those on parole in New York City who were or would be detained pending final hearing on a parole warrant. Represented by the New York Civil Liberties Union, the plaintiffs sued Andrew Cuomo, the governor of New York and the New York State Board of Parole. Suing under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-2202, the plaintiff alleged that that their Due Process rights under the Fourteenth Amendment of the U.S. Constitution and the New York Constitution had been violated. Specifically, they alleged that the defendants' mandatory detention regulations and actions were unconstitutional, and that thousands of individuals were being detained in New York City's jails on allegations of parole violations with no way of escaping COVID-19. The case was assigned to Judge Colleen McMahon and Magistrate Judge Debra C. Freeman.

The next day, the plaintiffs filed a motion to certify the class. On April 6, the plaintiffs sought a preliminary injunction, requiring the defendants to provide the plaintiffs with the following process: (1) immediate evaluation for those currently detained, and prompt hearing for future arrestees, which would allow detainees to be heard on their suitability for release and rebut the justifications given for their detention, (2) notice of the hearing and reasons supporting detention, (3) a neutral decision-maker, and (4) if detention is required, an explanation of why, including the evidence relied upon. The defendants opposed the motion on April 10.

On April 20, Judge McMahon denied the motion for preliminary injunction, finding that the New York state process for detention and parole hearings conferred sufficient procedural rights to alleged parole violaters. Judge McMahon explicitly stated that while COVID-19 was in the backdrop of the litigation, the case was not about whether detaining individuals during COVID-19 was constitutional, but whether the law requiring detention was. 2020 WL 1910754.

On May 12, the plaintiffs filed an amended complaint, the defendants filed answers to the complaint on June 9.

The plaintiffs filed another brief in support of their motion for class certification on June 22. The case remains ongoing.

Caitlin Kierum - 07/20/2020


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Due Process: Procedural Due Process
Defendant-type
Jurisdiction-wide
General
Conditions of confinement
Causes of Action 42 U.S.C. § 1983
Defendant(s) Governor of New York
New York State Board of Parole
Plaintiff Description Putative Class: All those on parole in New York City who were or would be detained pending final hearing on a parole warrant
Indexed Lawyer Organizations New York Civil Liberties Union (NYCLU)
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
Filed 04/03/2020
Case Ongoing Yes
Additional Resources
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  See this case at CourtListener.com (May provide additional documents and, for active cases, real-time alerts)
  Bergamaschi et al. v. Cuomo et al
NYCLU
Date: Apr. 3, 2020
By: NYCLU
[ Detail ] [ External Link ]

Docket(s)
1:20-cv-02817-CM (S.D.N.Y.)
JC-NY-0081-9000.pdf | Detail
Date: 06/22/2020
Source: PACER [Public Access to Court Electronic Records]
General Documents
Class Action Complaint [ECF# 1]
JC-NY-0081-0001.pdf | Detail
Date: 04/03/2020
Source: PACER [Public Access to Court Electronic Records]
Motion to Certify Class [ECF# 5, 6, 7 (& 7-1 to 7-4), 8 (& 8-1 to 8-4)]
JC-NY-0081-0002.pdf | Detail
Date: 04/04/2020
Source: PACER [Public Access to Court Electronic Records]
Motion for a Preliminary Injunction [ECF# 13]
JC-NY-0081-0003.pdf | Detail
Date: 04/06/2020
Source: PACER [Public Access to Court Electronic Records]
Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction [ECF# 19]
JC-NY-0081-0004.pdf | Detail
Date: 04/07/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for a Preliminary Injunction [ECF# 28]
JC-NY-0081-0005.pdf | Detail
Date: 04/10/2020
Source: PACER [Public Access to Court Electronic Records]
Reply Memorandum of Law in Support of Plaintiffs' Motion for Preliminary Injunction [ECF# 32]
JC-NY-0081-0006.pdf | Detail
Date: 04/13/2020
Source: PACER [Public Access to Court Electronic Records]
Order Denying Plaintiffs' Motion for a Preliminary Injunction [ECF# 33] (2020 WL 1910754) (S.D.N.Y.)
JC-NY-0081-0007.pdf | WESTLAW | Detail
Date: 04/20/2020
Source: PACER [Public Access to Court Electronic Records]
Amended Class Action Complaint [ECF# 38]
JC-NY-0081-0008.pdf | Detail
Date: 05/12/2020
Source: PACER [Public Access to Court Electronic Records]
Defendants' Memorandum of Law in Opposition to Plaintiffs' Motion for Class Certification [ECF# 44]
JC-NY-0081-0009.pdf | Detail
Date: 06/08/2020
Source: PACER [Public Access to Court Electronic Records]
Defendant Andrew M. Cuomo's Answer to Amended Complaint [ECF# 45]
JC-NY-0081-0010.pdf | Detail
Date: 06/09/2020
Source: PACER [Public Access to Court Electronic Records]
Defendant Tina M. Stanford's Answer to Amended Complaint [ECF# 46]
JC-NY-0081-0011.pdf | Detail
Date: 06/09/2020
Source: PACER [Public Access to Court Electronic Records]
Plaintiffs' Reply in Support of Their Motion for Class Certification [ECF# 47]
JC-NY-0081-0012.pdf | Detail
Date: 06/22/2020
Source: PACER [Public Access to Court Electronic Records]
show all people docs
Judges McMahon, Colleen (S.D.N.Y.) show/hide docs
JC-NY-0081-0007 | JC-NY-0081-9000
Plaintiff's Lawyers Biklen, Molly Knopp (New York) show/hide docs
JC-NY-0081-0001 | JC-NY-0081-0002 | JC-NY-0081-0003 | JC-NY-0081-0004 | JC-NY-0081-0006 | JC-NY-0081-0008 | JC-NY-0081-0012 | JC-NY-0081-9000
Desgranges, Philip L. (New York) show/hide docs
JC-NY-0081-0001 | JC-NY-0081-0002 | JC-NY-0081-0003 | JC-NY-0081-0004 | JC-NY-0081-0006 | JC-NY-0081-0008 | JC-NY-0081-0012 | JC-NY-0081-9000
Dunn, Christopher (New York) show/hide docs
JC-NY-0081-0001 | JC-NY-0081-0002 | JC-NY-0081-0003 | JC-NY-0081-0004 | JC-NY-0081-0008 | JC-NY-0081-0012 | JC-NY-0081-9000
Li, Grace Y (New York) show/hide docs
JC-NY-0081-0001 | JC-NY-0081-0002 | JC-NY-0081-0003 | JC-NY-0081-0004 | JC-NY-0081-0006 | JC-NY-0081-0008 | JC-NY-0081-0012
Stoughton, Corey (New York) show/hide docs
JC-NY-0081-0001 | JC-NY-0081-0002 | JC-NY-0081-0003 | JC-NY-0081-0004 | JC-NY-0081-0006 | JC-NY-0081-0008 | JC-NY-0081-0012 | JC-NY-0081-9000
Defendant's Lawyers Amer, Andrew Stuart (New York) show/hide docs
JC-NY-0081-0005 | JC-NY-0081-0009 | JC-NY-0081-0010 | JC-NY-0081-0011 | JC-NY-0081-9000
James, Letitia (New York) show/hide docs
JC-NY-0081-0005 | JC-NY-0081-0009 | JC-NY-0081-0010 | JC-NY-0081-0011
Yoon, Amanda (New York) show/hide docs
JC-NY-0081-0005 | JC-NY-0081-0009 | JC-NY-0081-0010 | JC-NY-0081-0011 | JC-NY-0081-9000

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