Case: Cardew v. New York State Department of Corrections and Community Supervision

6:21-cv-06557 | U.S. District Court for the Western District of New York

Filed Date: Aug. 30, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 30, 2021, four plaintiffs represented by Disability Rights Advocates (DRA) and Prisoners’ Legal Services of New York (PLS) filed a class-action lawsuit against the New York State Department of Corrections and Community Supervision (DOCCS) and various prison officials. Specifically, the lawsuit alleged that DOCCS routinely confiscated people’s mobility aids, like wheelchairs and canes, even if they were issued by DOCCS at other facilities. The complaint also alleged that DOCCS refused …

On August 30, 2021, four plaintiffs represented by Disability Rights Advocates (DRA) and Prisoners’ Legal Services of New York (PLS) filed a class-action lawsuit against the New York State Department of Corrections and Community Supervision (DOCCS) and various prison officials. Specifically, the lawsuit alleged that DOCCS routinely confiscated people’s mobility aids, like wheelchairs and canes, even if they were issued by DOCCS at other facilities. The complaint also alleged that DOCCS refused to replace or provide mobility aids when needed, provided broken and unusable shared wheelchairs that were difficult to access and not individualized to the needs of the person with a disability, and denied people assistants to help with cell cleaning and other tasks. Additionally, the plaintiffs asserted that people who used wheelchairs and could push themselves had no reliable way to get around the facility because of DOCCS’ reliance on an ad-hoc process of calling other people who are incarcerated (known as “pushers”) to push them. The complaint charged that people who use wheelchairs were routinely left stranded while trying to get to and from facility services and programs like meals, medical visits, phone calls, recreation, and the law library. DOCCS’ administration of the pusher program was so inadequate, the lawsuit alleges, that people with disabilities who need pushers themselves are sometimes assigned to be pushers for others.

The plaintiffs sought to represent a class of all people with mobility disabilities who were detained (or who will be detained) at Five Points Correctional Facility. The plaintiffs claimed that the defendants' policies violated Title II of the ADA and the Rehabilitation Act. They sought preliminary and permanent injunctive relief enjoining the defendants from continuing to deny mobility accommodations to incarcerated people. The case was assigned to Judge Charles Siragusa.

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/60326365/parties/cardew-v-new-york-state-department-of-corrections-and-community/


Judge(s)

Siragusa, Charles J. (New York)

Attorneys(s) for Plaintiff

Atkinson, Torie Alisa (New York)

Holzman, Chloe Ines (New York)

Mitnick, Hallie Elizabeth (New York)

Stecker, Andrew Austin (New York)

Welch, Megan P (New York)

Judge(s)

Siragusa, Charles J. (New York)

Attorneys(s) for Plaintiff

Atkinson, Torie Alisa (New York)

Holzman, Chloe Ines (New York)

Mitnick, Hallie Elizabeth (New York)

Stecker, Andrew Austin (New York)

Welch, Megan P (New York)

Documents in the Clearinghouse

Document

6:21-cv-06557

Docket [PACER]

Sept. 7, 2021

Sept. 7, 2021

Docket
1

6:21-cv-06557

Complaint

Aug. 30, 2021

Aug. 30, 2021

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60326365/cardew-v-new-york-state-department-of-corrections-and-community/

Last updated Aug. 14, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants $ 402 receipt number 0209-4345795, filed by Philip Nelson, Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attorney Attachment, # 3 DOCCS Summons, # 4 Annucci Summons, # 5 LaManna Summons)(Atkinson, Torie) (Entered: 08/30/2021)

1 Civil Cover Sheet

View on PACER

2 Civil Cover Sheet Attorney Attachment

View on PACER

3 DOCCS Summons

View on PACER

4 Annucci Summons

View on PACER

5 LaManna Summons

View on PACER

Aug. 30, 2021

Aug. 30, 2021

Clearinghouse
2

NOTICE of Appearance by Andrew Austin Stecker on behalf of All Plaintiffs (Stecker, Andrew) (Entered: 08/30/2021)

Aug. 30, 2021

Aug. 30, 2021

PACER
3

NOTICE of Appearance by Hallie Elizabeth Mitnick on behalf of All Plaintiffs (Mitnick, Hallie) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
4

NOTICE of Appearance by Chloe Ines Holzman on behalf of All Plaintiffs (Holzman, Chloe) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER

Case Assigned to Hon. Charles J. Siragusa. Notification to Chambers of on-line civil case opening. (JLV)

Aug. 31, 2021

Aug. 31, 2021

PACER

Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (JLV)

Aug. 31, 2021

Aug. 31, 2021

PACER

AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV)

Aug. 31, 2021

Aug. 31, 2021

PACER
5

Summons Issued as to Anthony J. Annucci, Amy LaManna, New York State Department of Corrections and Community Supervision. (JLV) (Entered: 08/31/2021)

Aug. 31, 2021

Aug. 31, 2021

PACER
6

NOTICE of Appearance by Megan P. Welch on behalf of All Plaintiffs (Welch, Megan) (Entered: 09/02/2021)

Sept. 2, 2021

Sept. 2, 2021

PACER
7

AFFIDAVIT of Service for Summons and Complaint served on Defendants NYSDOCCS, Anthony J. Annucci, and Amy LaManna on 09-07-2021, filed by Harrell Bonner, Robert Cardew, Melvin Johnson, Khalik Jones, Philip Nelson. (Stecker, Andrew) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER

Case Details

State / Territory: New York

Case Type(s):

Prison Conditions

Disability Rights

Key Dates

Filing Date: Aug. 30, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All people with mobility disabilities who are currently detained or who will be detained at Five Points.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Prisoners' Legal Services of New York (PLSNY)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Defendant Type(s):

Corrections

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conditions of confinement

Reasonable Accommodations

Reasonable Modifications

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

Mobility impairment

Type of Facility:

Government-run