COVID-19 Summary: This is a putative class action challenging a New York law that requires mandatory detention of all alleged parole violators. The plaintiffs sought to enjoin application of the law and argued the lawsuit took on "particular urgency" due to the COVID-19 pandemic.
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 the Governor of New York and the New York State Board of Parole under 42 U.S.C. § 1983 and 28 U.S.C. §§ 2201-2202. The plaintiffs alleged that detaining them pending parole hearings violated their Due Process rights under the Fourteenth Amendment of the U.S. Constitution and the New York Constitution. They sought declaratory and injunctive relief along with attorney's fees. 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: (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 was required, an explanation of why, including the evidence relied upon.
On April 20, Judge McMahon denied the motion for a preliminary injunction, finding that the New York's process for detention pending parole hearings conferred sufficient rights on alleged parole violaters. Judge McMahon also noted that, while COVID-19 was in the backdrop of the litigation, the case was not about whether detaining individuals during COVID-19 was constitutional. 2020 WL 1910754.
On May 12, the plaintiffs filed an amended complaint, and 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 parties began to engage in discovery. It did not go smoothly. On September 14, Judge McMahon encouraged the parties to resolve their disputes because "I am not going to waste time reading your 'it's his fault/it's her fault' issues."
The case is ongoing as of October 19, 2020.
Caitlin Kierum - 07/20/2020
Timothy Leake - 10/19/2020
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