Case: People of the State of NY ex rel. Corey Stoughton, Esq., on behalf of Jeffrey v. Brann

20-451078 | New York state trial court

Filed Date: March 24, 2020

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: In this case, New York State Supreme Court Justice Mark Dwyer ordered that the NY Department of Correction should release 18 COVID-vulnerable individuals incarcerated in New York City jails because detention during the pandemic violated their federal and state due process rights. On March 24, 2020, 32 COVID-19 vulnerable individuals incarcerated in New York City jails filed a petition for a writ of habeas corpus in the Supreme Court of the State of New York, County of New York…

COVID-19 Summary: In this case, New York State Supreme Court Justice Mark Dwyer ordered that the NY Department of Correction should release 18 COVID-vulnerable individuals incarcerated in New York City jails because detention during the pandemic violated their federal and state due process rights.


On March 24, 2020, 32 COVID-19 vulnerable individuals incarcerated in New York City jails filed a petition for a writ of habeas corpus in the Supreme Court of the State of New York, County of New York. The petitioners sued the Commissioner of the New York City Department of Correction and the Acting Commissioner of the New York State Department of Corrections and Community Supervision. Represented by the Legal Aid Society of New York, the petitioners requested that the court issue a writ of habeas corpus and order their immediate release. The petition alleged that continuing to hold these individuals on bail or for parole violations constituted deliberate indifference to the risk of serious medical harm in violation of their Fourteenth Amendment due process rights and state constitutional rights to due process. As of March 26, New York City reported at least 73 confirmed cases of COVID-19 in its jails.

On March 26, New York State Supreme Court Justice Mark Dwyer ordered that 16 individuals should be released. See Legal Aid Society's press release here. Of these 16, some had been jailed pretrial and others for parole violations. Their age and medical conditions made them particularly vulnerable to COVID-19 such that incarceration during the pandemic violated their due process rights. Judge Dwyer stated that the City and the State failed to mitigate the spread of COVID-19 at the local jails and that further action was needed. He also granted leave to the Legal Aid Society to renew applications for release on an additional 9 individuals, suggesting that he may release them if the Legal Aid Society provides further information in court on March 27.

In response to these amended applications, on April 6, Judge Dwyer issued a release order for more petitioners, 18 in total. Some other petitioners had been released on bail or on consent. Judge Dwyer found that their continued confinement in Rikers violated their federal and state due process rights and rejected respondent's claim that they took "reasonable care" to mitigate the COVID-19 risk for these individuals. The release order specified that it applied only to individuals with substantial risk factors, but it included individuals charged with violent crimes as well. The case is ongoing.

Summary Authors

Lily Sawyer-Kaplan (3/27/2020)

People


Judge(s)

Dwyer, Mark (New York)

Attorneys(s) for Plaintiff

Billingsley, David (New York)

Bowe, Martin John (New York)

Cooney, James Brennan (New York)

Gottesman, Lauren (New York)

McGrath, Michelle (New York)

Ndiaye, Marie (New York)

Quackenbush, Robert Matthew (New York)

Simpson, Kayla (New York)

Stoughton, Corey (New York)

Judge(s)

Dwyer, Mark (New York)

Attorneys(s) for Plaintiff

Billingsley, David (New York)

Bowe, Martin John (New York)

Cooney, James Brennan (New York)

Gottesman, Lauren (New York)

McGrath, Michelle (New York)

Ndiaye, Marie (New York)

Quackenbush, Robert Matthew (New York)

Simpson, Kayla (New York)

Stoughton, Corey (New York)

Vela, Veronica (New York)

Werlwas, Mary Lynne (New York)

Documents in the Clearinghouse

Document

20-451078

Docket

People ex rel. Stoughton o/b/o Jeffrey v. Brann

New York state supreme court

June 4, 2020

June 4, 2020

Docket

20-451078

Petition for Writ of Habeas Corpus

People ex rel. Stoughton o/b/o Jeffrey v. Brann

New York state supreme court

March 24, 2020

March 24, 2020

Complaint

20-451078

Affirmation of Martin Bowe in Opposition to Writ of Habeas Corpus

Jeffrey v. Brann

March 25, 2020

March 25, 2020

Pleading / Motion / Brief

20-451078

Supplemental Affirmation of Martin Bowe in Opposition to Write of Habeas Corpus

Jeffrey v. Brann

March 26, 2020

March 26, 2020

Pleading / Motion / Brief

20-451078

[Untitled]

People of State of New York ex rel. Stoughton v Brann

2020 WL 1679209

April 6, 2020

April 6, 2020

Order/Opinion

20-451078

Order on Petitioner's Writ of Habeas Corpus

People of the State of New York v. Brann

June 4, 2020

June 4, 2020

Order/Opinion

Resources

Docket

Last updated July 25, 2022, 3:01 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: New York

Case Type(s):

Jail Conditions

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: March 24, 2020

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are 32 COVID-19 vulnerable individuals incarcerated in New York City jails on bail or for parole violations.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

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 Correction (New York City), State

Acting Commissioner of the New York State Department of Corrections and Community Supervision (New York City), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

State law

Constitutional Clause(s):

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Habeas relief

Source of Relief:

Litigation

Issues

General:

Conditions of confinement

Fines/Fees/Bail/Bond

Medical/Mental Health:

Medical care, general

COVID-19:

Mitigation Granted

Mitigation Requested

Release Granted

Release granted-group

Release granted-individual

Release-process created/modified

Release Requested