Filed Date: March 25, 2020
Closed Date: July 23, 2020
Clearinghouse coding complete
On March 25, 2020, 110 individuals held at Rikers Island on non-criminal technical parole violations filed this habeas petition in New York State trial court (which is called the New York Supreme Court). Represented by the Legal Aid Society of New York, petitioners sought immediate release on the grounds that continuing to hold them on parole warrants constitutes deliberate indifference to the risk of serious medical harm in violation of the Fourteenth Amendment and state constitutional right to due process. The respondents in the case were the Commissioner of the New York City Department of Corrections and the Acting Commissioner of the New York State Department of Corrections and Community Supervision.
The plaintiffs alleged they were especially vulnerable to contracting COVID-19 due to their age and/or underlying medical condition. The plaintiffs cited the exponential growth of the disease in New York jails as support for their immediate release; on March 20, one prisoner was reported as having contracted COVID-19. Five days later, there were 75 confirmed cases. Specifically within Riker’s Island, the plaintiffs alleged that the rate of infection was 85 times higher than the average in the United States.
The same day as the petition was filed, Judge Doris Gonzalez ordered the defendants to show cause for why the petitioners should not be released. On March 27, 2020, the Court heard arguments and then ordered 106 of the 110 petitioners be released immediately.
Nine remaining petitioners who were denied relief appealed to the New York State Supreme Court. On July 23, 2020, the Supreme Court affirmed the lower court's denial of relief, agreeing that the "individual petitioners provided insufficient factual information
necessary to assess their flight risks, as well as the particular medical vulnerabilities that heightened their risks for serious illness or death if they contracted COVID-19." The Supreme Court noted that the DOC had taken significant steps to reduce the spread of COVID within jails and prisons in holding that the petitioners failed to state a claim for a violation of the state constitution.
The case is now closed.
Summary Authors
Justin Hill (3/29/2020)
Rachel Harrington (10/13/2021)
Elgarten, Kerry (New York)
Gottesman, Lauren (New York)
Harpaz, Elon (New York)
McEvilley, Lorraine (New York)
McGrath, Michelle (New York)
Last updated Aug. 30, 2023, 2:13 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 25, 2020
Closing Date: July 23, 2020
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Individuals held at Rikers Island on non-criminal technical parole violations
Plaintiff Type(s):
Attorney Organizations:
Public Interest Lawyer: Yes
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Commissioner of the New York City Department of Corrections (New York City, New York), State
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Special Case Type(s):
Available Documents:
Outcome
Prevailing Party: Mixed
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Sanitation / living conditions
COVID-19:
Medical/Mental Health Care: