Filed Date: May 3, 1984
Closed Date: Sept. 10, 1993
Clearinghouse coding complete
On May 3, 1984 juveniles filed a class action lawsuit in U.S. District Court for the Southern District of New York pursuant to 42 U.S.C. § 1983, the Education of the Handicapped Act (EHA), 20 U.S.C. §§ 1400 et. seq., and the Rehabilitation Act of 1973, 29 U.S.C. § 794, challenging their conditions of confinement at the Spofford Juvenile Center (Spofford). Plaintiffs were represented by the New York Legal Aid Society, Juvenile Rights Division and sought declaratory and injunctive relief.
Class certification was granted by the District Court on February 26, 1985. After years of discovery, the parties settled the case. On September 10, 1990, the District Court (Judge David N. Edelstein) approved and entered a Stipulation and Order of Settlement. The Stipulation set forth agreed reforms to be implemented in the following areas: assessment, evaluation and placement of juveniles; education; staffing requirements; procedural safeguards; and special education and regulations relating to handicapped children. The Stipulation provided for a monitoring period of three years.
By separate order dated December 26, 1990, plaintiffs were awarded attorneys' fees and costs in the amount of $135,000.
According to the PACER docket, the case was administratively closed on August 6, 1991. We have no further information on the case.
Summary Authors
Dan Dalton (2/26/2007)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/9307013/parties/andre-v-ambach/
Edelstein, David Norton (New York)
Firestein, Rose E. (New York)
Gittis, Lenore (New York)
Abrams, Robert W. (New York)
Goodman, Grace (New York)
Edelstein, David Norton (New York)
See docket on RECAP: https://www.courtlistener.com/docket/9307013/andre-v-ambach/
Last updated March 24, 2024, 3:10 a.m.
State / Territory: New York
Case Type(s):
Key Dates
Filing Date: May 3, 1984
Closing Date: Sept. 10, 1993
Case Ongoing: No
Plaintiffs
Plaintiff Description:
A;; juveniles confined at the Spofford Juvenile Center (Spofford).
Public Interest Lawyer: Yes
Filed Pro Se: Yes
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Spofford Juvenile Detention Center (New York City), State
Case Details
Causes of Action:
Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400
Section 504 (Rehabilitation Act), 29 U.S.C. § 701
Constitutional Clause(s):
Due Process: Substantive Due Process
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Order Duration: 1990 - 1993
Issues
General:
Staff (number, training, qualifications, wages)
Disability and Disability Rights:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Type of Facility: