Case: Freeman v. Hansell

On March 25, 2020, 5 youth detained by Family Courts in New York City during pendency of their juvenile delinquency cases 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, the petitioners sought immediate release on the grounds that continuing to hold them in these facilities constitutes deliberate indifference to the risk of serious medical harm in violation of the Fourteenth Amendment and state constitutional right to due process. The respondent in this case was the Commission of New York City Administration of Children's Services.

The petitioners alleged that they were especially vulnerable to contracting COVID-19 due to physical design of the youth detention facilities. By design, the facilities hold youth in close congregate settings which shared dining rooms, common recreational areas, communal bathrooms and showers, and at some sites, shared bedrooms. The petition claimed that the social isolation measures needed to stop the spread of the virus are "effectively impossible in juvenile detention centers." The petition also noted "significant emotional harm" to the youth because of an end to visits by family members to detained teens. In addition, the petition claimed that the teens were more vulnerable to COVID-19 because juvenile detainees are more likely to suffer from asthma and other health issues linked to poverty.

On April 15, 2020, the parties stipulated to withdrawing their petition with respect to 4 of the 5 teens.

On April 17, 2020 Judge Michael L. Katz issued an order denying the petition for habeas corpus, finding that the petitioners had been "unable to meet their high burden of showing that respondent [had] been 'deliberately indifferent.'" Even so, the court ordered that respondents should: (1) ensure that necessary personal protective equipment be worn by all staff members; (2) increase oversight to ensure social distancing was followed; and (3) issue clearer guidelines for cleaning the facility.