Filed Date: Aug. 30, 2021
Case Ongoing
Clearinghouse coding complete
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.
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/
Siragusa, Charles J. (New York)
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)
Siragusa, Charles J. (New York)
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)
See docket on RECAP: https://www.courtlistener.com/docket/60326365/cardew-v-new-york-state-department-of-corrections-and-community/
Last updated March 14, 2023, 3:14 a.m.
State / Territory: New York
Case Type(s):
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):
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):
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
Available Documents:
Outcome
Prevailing Party: None Yet / None
Nature of Relief:
Source of Relief:
Issues
General:
Discrimination-basis:
Disability (inc. reasonable accommodations)
Disability:
Type of Facility: