Filed Date: July 25, 2017
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On July 25, 2017, two minors, represented by Legal Services of Central New York, filed this putative class-action civil-rights lawsuit in the U.S. District Court for the Northern District of New York, on behalf of all 16- and 17-year-old juveniles placed in solitary confinement in Broome County's jail, in Binghamton, NY. Both named plaintiffs were 17-year-old boys held in solitary confinement at the time of filing; each had multiple disciplinary isolation sanctions issued during their detention. They brought this action against the Broome County Sheriff, Chief Jail Administrator, and Deputy Jail Administrator, as well as the Chenango Valley School District, which lies within Broome County. The plaintiffs alleged that the conditions of solitary confinement and poor physical conditions increased their risk of future psychological harm. Plaintiffs with mental disabilities were alleged to be particularly at-risk members of the class. Additionally, the plaintiffs claimed that defendants denied juveniles in solitary confinement educational instruction and therefore denied them their due process rights. The claim arose under 42 U.S.C. § 1983, the Americans with Disabilities Act, the Rehabilitation Act, and the Individuals with Disabilities Education Act. The complaint sought class certification of all present and future members, with subclasses of those members with mental and physical disabilities; declaratory relief that the defendants' actions violated the plaintiffs' Eighth and Fourteenth Amendment rights; all necessary and appropriate injunctive relief; and attorneys' fees and costs.
On August 8, 2017, the plaintiffs filed an amended complaint to correct the school district. At the plaintiffs' request, the case was designated by the court as related to V.W. v Conway. Conway, also brought by Legal Services of Central New York, made substantially similar factual and legal claims. The complaint in that case challenged solitary confinement practices imposed on juveniles at the Onondaga Justice Center and alleged that the local school district failed to provide adequate educational instruction to juveniles held in solitary confinement.
In November 2017, Magistrate Judge David E. Peebles ordered the case to mediation. He set a deadline for February 2018. By that time, the plaintiffs and the Chenango School District reached an interim settlement agreement. The District agreed to provide sufficient staff, special education teachers, and evaluations to juvenile students at the jail. The court (Judge David N. Hurd) then dismissed claims against the school district except as to attorneys' fees and costs (which were later resolved in March). Otherwise, the mandatory mediation did not bring resolution to the case.
On April 4, 2018, Judge Hurd issued a decision and order granting a preliminary injunction against the Sheriff's office, and certified the requested class. The class certified was composed of all 16- and 17-year-olds who are now or will be incarcerated at Broome County Correctional Facility, with two additional subclasses: (1) a subclass of all 16-and 17-year-olds with disabilities as defined under the Individuals with Disabilities Education Act who are now or will be incarcerated at the Broome County Correctional Facility, who are in need of special education services, and (2) a subclass of all 16- and 17-year-olds with psychiatric and/or intellectual disabilities, as defined by the Americans with Disabilities Act and Section 504 of the Rehabilitation Act, who are now or will be incarcerated at the Broome County Correctional Facility, who are at risk of being placed in disciplinary segregation because of their disability. After dismissing claims against the Deputy Administrator, the court enjoined the remaining defendants by barring them from locking juveniles in cells unless they posed an immediate risk to the facility. Solitary confinement would be permitted only when other means of disciplinary action proved inadequate, and was limited to no more than four hours per day. The court also ordered that the defendants provide mental health and psychiatric services and a minimum of three hours of educational instruction per day. 298 F. Supp. 3d 391.
In May 2018, the parties began settlement discussions. The filed a motion to approve their settlement agreement on July 9, 2018. The court granted final approval of the agreement on December 18, 2018.
The settlement included 1) a section on behavior management that required defendants to significantly limit their use of solitary confinement and implement a comprehensive behavior management system with the goal of using the least restrictive sanctions on children; and 2) a guarantee that juveniles housed in the jail will have sufficient classroom space and access to education. The agreement also included details on reporting, monitoring, enforcement, and modification. The agreement was set to last until October 1, 2019, unless juveniles continued to be housed at the jail, in which case it would expire after the Sheriff's Office notified the court and plaintiffs confirmed that all juveniles have been permanently removed and will no longer be housed there. The defendants also agreed to pay $75,000 for plaintiffs' attorneys' fees and costs.
As of May 2020, there have been no additional entries in the docket. The settlement has expired, unless juveniles continue to be housed at the jail.
Summary Authors
Chelsea Rinnig (6/19/2018)
Alex Moody (5/27/2020)
V.W. v. Conway, Northern District of New York (2016)
For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6143096/parties/at-v-harder/
Cassady, Charlotte (New York)
Clifford, Michael T. (New York)
Coleman, Lee L. (New York)
Behnke, Robert G. (New York)
Busse, R. Kyle (New York)
Flowers, Jodi Westbrook (New York)
Grosso, Matthew Robert (New York)
Haefele, Robert Turner (New York)
Hines, Philip Michael (New York)
Lichten, Stuart Lloyd (New York)
Militello, Christopher M. (New York)
O'Reilly, John Francis (New York)
O'Reilly, Molly Maureen (New York)
See docket on RECAP: https://www.courtlistener.com/docket/6143096/at-v-harder/
Last updated March 13, 2024, 3:04 a.m.
State / Territory: New York
Case Type(s):
Special Collection(s):
Post-WalMart decisions on class certification
Key Dates
Filing Date: July 25, 2017
Case Ongoing: No reason to think so
Plaintiffs
Plaintiff Description:
16- and 17-year-old juveniles placed in solitary confinement. Sub-classes of juveniles with mental and physical disabilities.
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: Yes
Class Action Outcome: Granted
Defendants
Chenango Valley Central School District (Broome), County
Broome County Sheriff's Office (Broome), County
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.
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
Declaratory Judgment Act, 28 U.S.C. § 2201
Constitutional Clause(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Preliminary injunction / Temp. restraining order
Source of Relief:
Form of Settlement:
Court Approved Settlement or Consent Decree
Content of Injunction:
Other requirements regarding hiring, promotion, retention
Amount Defendant Pays: $75,000
Order Duration: 2018 - None
Issues
General/Misc.:
Disability and Disability Rights:
Jails, Prisons, Detention Centers, and Other Institutions:
Medical/Mental Health Care: