Case: Agnew v. New York City Department of Corrections

21-813431 | New York state trial court

Filed Date: Oct. 4, 2021

Clearinghouse coding in progress

Case Summary

This case is about the lack of medical care at New York City Department of Correction facilities during the COVID-19 pandemic. Putative class action -- themselves and all similarly situated individuals consisting of all current and future people incarcerated in a NYC DOC facility who have been or will be denied access to medical care based on the defendant's failurePetition seeking a mandamus order compelling the Department of Correction to ensure access to medical carePlaintiffs are four pretr…

This case is about the lack of medical care at New York City Department of Correction facilities during the COVID-19 pandemic.

Putative class action -- themselves and all similarly situated individuals consisting of all current and future people incarcerated in a NYC DOC facility who have been or will be denied access to medical care based on the defendant's failure

Petition seeking a mandamus order compelling the Department of Correction to ensure access to medical care

Plaintiffs are four pretrial detainees in the custody of DOC

Defendant operates ten jail facilities in New York City for people in pretrial custody, those convicted and sentenced to less than one year of jail time, or are detained pursuant to a parole warrant or sustained violation

Cause of Action: Mandamus to Compel the DOC Pursuant to CPLR Section 7803(1) for Failure to Provide Access to Medical Care

NYC Administrative Code § 9-108(c) -- DOC must provide all housing units with access to sick call on weekdays, excluding holidays, subject to certain exclusions set by statute or obtained through variance

According to NYC code, DOC generally has a duty to provide access to sick call five days per week or within 24 hours of a request or at the next regularly scheduled sick call. NYC law also states that DOC must provide sufficient security for inmate movement to and from health service areas and cannot prohibit or delay an inmate's access to medical care or treatment. The petitioners stated that the DOC refused to comply with its duty to provide incarcerated individuals with access to sick call in the manner specified in NYC law. The petitioners also stated that DOC refused to comply with its duty to provide security to inmates to and from health service areas and its duty to never prohibit or delay an inmate's access to medical care.

The petitioners requested class certification and a mandamus order compelling the respondent to comply with its nondiscretionary duties found in NYC laws to provide incarcerated individuals with access to medical care without delay. The petitioners also requested that the court order the respondent to show proof of compliance with its nondiscretionary duties or else convert the proceeding into a habeas petition.

People


Judge(s)

Taylor, Elizabeth A. (New York)

Attorneys(s) for Plaintiff

Anthony, Alexandra (New York)

Bazan, Mariella Montplaisir (New York)

Billingsley, David (New York)

Bobbitt, Chassity (New York)

Briody, Alyssa (New York)

Desgranges, Philip L. (New York)

Fell, Katherine Kelly (New York)

Hamilton, Barbara Patricia (New York)

Lesman, Alexander (New York)

Judge(s)

Taylor, Elizabeth A. (New York)

Attorneys(s) for Plaintiff

Anthony, Alexandra (New York)

Bazan, Mariella Montplaisir (New York)

Billingsley, David (New York)

Bobbitt, Chassity (New York)

Briody, Alyssa (New York)

Desgranges, Philip L. (New York)

Fell, Katherine Kelly (New York)

Hamilton, Barbara Patricia (New York)

Lesman, Alexander (New York)

Manley, Micaela D (New York)

Marquez, S Lucas (New York)

Menschel, Brooke (New York)

Montaigne, Eugenie (New York)

Murphy, Sean Miles (New York)

Perry, Hanna (New York)

Quackenbush, Robert Matthew (New York)

Scerbo, Michael (New York)

Short, Stefen Russell (New York)

Simpson, Kayla (New York)

Stoughton, Corey (New York)

Vela, Veronica (New York)

Werlwas, Mary Lynne (New York)

Attorneys(s) for Defendant

Krist, Brian Joseph (New York)

Orsland, Chlarens (New York)

Pestana, Georgia (New York)

Yacyshyn, Alexandra Lena (New York)

Documents in the Clearinghouse

Document

21-813431

Docket

New York state supreme court

Nov. 18, 2021

Nov. 18, 2021

Docket

21-813431

Memorandum of Law in Support of Article 78 Mandamus to Compel Petition and Motion for Class Certification

Agnew v. New York City Department of Correction

New York state supreme court

Oct. 4, 2021

Oct. 4, 2021

Pleading / Motion / Brief

21-813431

Verified Petition - Mandamus to Compel

Agnew v. New York City Department of Correction

New York state supreme court

Oct. 4, 2021

Oct. 4, 2021

Complaint

21-813431

Order to Show Cause

Agnew v. New York City Department of Correction

New York state supreme court

Oct. 7, 2021

Oct. 7, 2021

Order/Opinion

21-813431

Memorandum of Law in Support of Respondent's Verified Answer to the Verified Petition

Agnew v. New York City Department of Correction

Oct. 29, 2021

Oct. 29, 2021

Pleading / Motion / Brief

21-813431

Reply Memorandum of Law in Support of Article 78 Mandamus to Compel Petition and Motion for Class Certification

Agnew v. New York City Department of Correction

Nov. 5, 2021

Nov. 5, 2021

Pleading / Motion / Brief

Docket

Last updated Sept. 8, 2022, 3:05 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: Oct. 4, 2021

Plaintiffs

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Defendants

New York City Department of Correction (New York City), City

Case Details

Causes of Action:

State law

Availably Documents:

Trial Court Docket

Complaint (any)