Case: Agnew v. New York City Department of Corrections

813431/2021E | New York state supreme 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.

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People

Judge(s)

Attorney for Plaintiff

Anthony, Alexandra (New York)

Bazan, Mariella Montplaisir (New York)

Billingsley, David (New York)

Bobbitt, Chassity (New York)

Briody, Alyssa (New York)

Attorney for Defendant

Judge(s)

Taylor, Elizabeth A. (New York)

Attorney 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)

Attorney for Defendant

Krist, Brian Joseph (New York)

Orsland, Chlarens (New York)

Pestana, Georgia (New York)

Yacyshyn, Alexandra Lena (New York)

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Documents in the Clearinghouse

	Document
813431/2021E	Docket	Nov. 18, 2021	Nov. 18, 2021 Docket
813431/2021E	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	Oct. 4, 2021	Oct. 4, 2021 Pleading / Motion / Brief
813431/2021E	Verified Petition - Mandamus to Compel Agnew v. New York City Department of Correction	Oct. 4, 2021	Oct. 4, 2021 Complaint
813431/2021E	Order to Show Cause Agnew v. New York City Department of Correction	Oct. 7, 2021	Oct. 7, 2021 Order/Opinion
813431/2021E	Memorandum of Law in Support of Respondent's Verified Answer to the Verified Petition Agnew v. New York City Department of Correction New York state trial court	Oct. 29, 2021	Oct. 29, 2021 Pleading / Motion / Brief
813431/2021E	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 New York state trial court	Nov. 5, 2021	Nov. 5, 2021 Pleading / Motion / Brief

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Docket

Last updated Jan. 31, 2024, 11:25 p.m.

ECF Number	Description	Date	Link Date / Link
1	PETITION Petition	Oct. 4, 2021	Oct. 4, 2021
2	ORDER TO SHOW CAUSE - ACCOMPANYING COMMENCEMENT DOC(S) (PROPOSED) (Motion #1) Corrected	Oct. 4, 2021	Oct. 4, 2021
3	ORDER ( PROPOSED ) Proposed Order Granting Petitioners' Mandamus Relief	Oct. 4, 2021	Oct. 4, 2021
4	AFFIDAVIT OR AFFIRMATION IN SUPPORT Kelsey De Avila Affidavit In Support of Petition	Oct. 4, 2021	Oct. 4, 2021
5	AFFIDAVIT OR AFFIRMATION IN SUPPORT Ronald Schneider Affidavit In Support of Petition	Oct. 4, 2021	Oct. 4, 2021
6	MEMORANDUM OF LAW IN SUPPORT Memorandum of Law in Support of Article 78 Mandamus to Compel and Motion for Class Certification	Oct. 4, 2021	Oct. 4, 2021
7	AFFIDAVIT OR AFFIRMATION IN SUPPORT Affirmation Of Micaela D. Manley In Support Of Petitioners Article 78 Mandamus To Compel And Motion ... show more	Oct. 4, 2021	Oct. 4, 2021
8	EXHIBIT(S) - 1 New York City Roadmap to Closing Rikers web page titled New York is leading a historic decarceration ... show more	Oct. 4, 2021	Oct. 4, 2021
9	EXHIBIT(S) - 2 December 18, 2014 Department of Justice press release titled Department Of Justice Takes Legal Actio ... show more	Oct. 4, 2021	Oct. 4, 2021
10	EXHIBIT(S) - 3 2017 Independent Commission on New York City Criminal Justice and Incarceration Reform Final Report	Oct. 4, 2021	Oct. 4, 2021
11	EXHIBIT(S) - 4 October 17, 2019 ABC News article titled Plan to close notorious Rikers jail complex by 2026 approve ... show more	Oct. 4, 2021	Oct. 4, 2021
12	EXHIBIT(S) - 5 June 2020 New York City Department of Correction Monthly Report on Medical Appointment Non-Productio ... show more	Oct. 4, 2021	Oct. 4, 2021
13	EXHIBIT(S) - 6 Eleventh Report of the Nunez Independent Monitor for the period of July 1, 2020 December 31, 2020	Oct. 4, 2021	Oct. 4, 2021
14	EXHIBIT(S) - 7 July 2020 New York City Department of Correction Monthly Report on Medical Appointment Non-Productio ... show more	Oct. 4, 2021	Oct. 4, 2021
15	EXHIBIT(S) - 8 August 2020 New York City Department of Correction Monthly Report on Medical Appointment Non-Product ... show more	Oct. 4, 2021	Oct. 4, 2021
16	EXHIBIT(S) - 9 November 30, 2020 New York Times article titled Prisons Are COVID-19 Hotbeds. When Should Inmates Ge ... show more	Oct. 4, 2021	Oct. 4, 2021
17	EXHIBIT(S) - 10 December 2020 New York City Department of Correction Monthly Report on Medical Appointment Non-Produ ... show more	Oct. 4, 2021	Oct. 4, 2021
18	EXHIBIT(S) - 11 January 2021 New York City Department of Correction Monthly Report on Medical Appointment Non-Produc ... show more	Oct. 4, 2021	Oct. 4, 2021
19	EXHIBIT(S) - 12 June 2021 New York City Department of Correction Monthly Report on Medical Appointment Non-Productio ... show more	Oct. 4, 2021	Oct. 4, 2021
20	EXHIBIT(S) - 13 July 10, 2021 New York Post article titled City probing death of Rikers Island inmate after guard le ... show more	Oct. 4, 2021	Oct. 4, 2021
21	EXHIBIT(S) - 14 August 2021 New York City Department of Correction Monthly Report on Medical Appointment Non-Product ... show more	Oct. 4, 2021	Oct. 4, 2021
22	EXHIBIT(S) - 15 August 12, 2021 Gothamist article titled Twenty-Five Year Old Detainee Found Dead At Rikers	Oct. 4, 2021	Oct. 4, 2021
23	EXHIBIT(S) - 16 August 13, 2021 New York Daily News article titled Staten Island detainee hangs himself in NYC jail ... show more	Oct. 4, 2021	Oct. 4, 2021
24	EXHIBIT(S) - 17 August 15, 2021 New York Daily News article titled NYC jails medical staff fear for safety, blame st ... show more	Oct. 4, 2021	Oct. 4, 2021
25	EXHIBIT(S) - 18 August 20, 2021 Twitter thread by user Rachael Bedard, MD	Oct. 4, 2021	Oct. 4, 2021
26	EXHIBIT(S) - 19 August 24, 2021 Letter to Judge Swain from the Office of the Monitor filed in Nuez v. City of New Yo ... show more	Oct. 4, 2021	Oct. 4, 2021
27	EXHIBIT(S) - 20 August 26, 2021 New York Focus article titled Rikers Staffing Crisis Limits Access to Medical Care	Oct. 4, 2021	Oct. 4, 2021
28	EXHIBIT(S) - 21 September 1, 2021 Department of Criminal Justice Services Jail Population Report	Oct. 4, 2021	Oct. 4, 2021
29	EXHIBIT(S) - 22 September 1, 2021 Board of Corrections Statement on Recent Suicides in the New York City Jail	Oct. 4, 2021	Oct. 4, 2021
30	EXHIBIT(S) - 23 September 1, 2021 New York Daily News article titled Two Rikers units go more than 24 hours without ... show more	Oct. 4, 2021	Oct. 4, 2021
31	EXHIBIT(S) - 24 September 2, 2021 Letter to Judge Swain from the Office of the Monitor filed in Nuez v. City of New ... show more	Oct. 4, 2021	Oct. 4, 2021
32	EXHIBIT(S) - 25 September 7, 2021 The City article titled Self-Harm Is Exploding In New York City Jails, Internal Nu ... show more	Oct. 4, 2021	Oct. 4, 2021
33	EXHIBIT(S) - 26 September 9, 2021 New York Post article titled NYC jails boss admits serious problems at Rikers Isla ... show more	Oct. 4, 2021	Oct. 4, 2021
34	EXHIBIT(S) - 27 September 10, 2021 letter from Ross MacDonald, MD, to New York City Council	Oct. 4, 2021	Oct. 4, 2021
35	EXHIBIT(S) - 28 September 10, 2021 New York Daily News article titled Rikers prisoner dies after NYC jailers wouldnt ... show more	Oct. 4, 2021	Oct. 4, 2021
36	EXHIBIT(S) - 29 September 13, 2021 New York City Board of Correction Weekly COVID-19 Update Week of September 4 Sep ... show more	Oct. 4, 2021	Oct. 4, 2021
37	EXHIBIT(S) - 30 NYC Board of Correction Public Meeting Materials webpage for the September 14, 2021 Board of Correct ... show more	Oct. 4, 2021	Oct. 4, 2021
38	EXHIBIT(S) - 31 September 14, 2021 Twitter thread by user Emily Gallagher	Oct. 4, 2021	Oct. 4, 2021
39	EXHIBIT(S) - 32 September 14, 2021 New York Times article titled With Rikers in Crisis, Critics Wonder: Where is Bil ... show more	Oct. 4, 2021	Oct. 4, 2021
40	EXHIBIT(S) - 33 September 15, 2021 New York Times article titled 10 Deaths, Exhausted Guards, Rampant Violence: Why ... show more	Oct. 4, 2021	Oct. 4, 2021
41	EXHIBIT(S) - 34 The New York City Council webpage for the September 15, 2021 Meeting of Committee on Criminal Justic ... show more	Oct. 4, 2021	Oct. 4, 2021
42	EXHIBIT(S) - 35 September 15, 2021 Testimony before the New York City Council, Committee on Criminal Justice	Oct. 4, 2021	Oct. 4, 2021
43	EXHIBIT(S) - 36 September 15, 2021 Gothamist article titled COVID Is Surging Back Into Rikers and NYC Jails	Oct. 4, 2021	Oct. 4, 2021
44	EXHIBIT(S) - 37 September 15, 2021 City of New Yorks Declaration of Local State Emergency Executive Order No. 241	Oct. 4, 2021	Oct. 4, 2021
45	EXHIBIT(S) - 38 September 16, 2021 Twitter thread by user Daniel Dromm	Oct. 4, 2021	Oct. 4, 2021
46	EXHIBIT(S) - 39 September 17, 2021 CBS News article titled Cockroaches, rotting food and garbage: Lawmakers say Rike ... show more	Oct. 4, 2021	Oct. 4, 2021
47	EXHIBIT(S) - 40 September 17, 2021 New York Governor press release titled Governor Hochul Announces Major Actions To ... show more	Oct. 4, 2021	Oct. 4, 2021
48	EXHIBIT(S) - 41 September 17, 2021 New York Times article titled Hochul Orders Release of 191 Detainees as Rikers Cr ... show more	Oct. 4, 2021	Oct. 4, 2021
49	EXHIBIT(S) - 42 September 19, 2021 PIX 11 article titled People sleeping in filth, in feces: Jumaane Williams talks ... show more	Oct. 4, 2021	Oct. 4, 2021
50	EXHIBIT(S) - 43 September 20, 2021 Verified Complaint, in City of New York v. Corr. Officers Benevolent Assn., Inc, ... show more	Oct. 4, 2021	Oct. 4, 2021
51	EXHIBIT(S) - 44 September 20, 2021 Memorandum of Law in Support of Temporary Restraining Order and Preliminary Injun ... show more	Oct. 4, 2021	Oct. 4, 2021
52	EXHIBIT(S) - 45 September 20, 2021 New York Times article titled N.Y.C. Sues Jail Officers, Saying Illegal Strike Wo ... show more	Oct. 4, 2021	Oct. 4, 2021
53	EXHIBIT(S) - 46 September 21, 2021 New York Attorney General Letitia James's Statement on Visit to Rikers Island	Oct. 4, 2021	Oct. 4, 2021
54	EXHIBIT(S) - 47 September 21, 2021 NY1 article titled Mayor says Rikers will shorten intake time after latest inmate ... show more	Oct. 4, 2021	Oct. 4, 2021
55	EXHIBIT(S) - 48 September 21, 2021 NY1 article titled Rikers Island detainees expose lack of medical care while in c ... show more	Oct. 4, 2021	Oct. 4, 2021
56	EXHIBIT(S) - 49 September 22, 2021 New York Times article titled 12th Death in Custody This Year Signals Growing Cri ... show more	Oct. 4, 2021	Oct. 4, 2021
57	EXHIBIT(S) - 50 September 22, 2021 Associated Press article titled 12th inmate dies as New York Citys jail crisis in ... show more	Oct. 4, 2021	Oct. 4, 2021
58	EXHIBIT(S) - 51 September 22, 2021 Decision and Order on Motion, in City of New York v. Corr. Officers Benevolent As ... show more	Oct. 4, 2021	Oct. 4, 2021
59	EXHIBIT(S) - 52 September 22, 2021 New York City Board of Correction Weekly COVID-19 Update Week of September 11 Se ... show more	Oct. 4, 2021	Oct. 4, 2021
60	EXHIBIT(S) - 53 September 22, 2021 Complex article titled Rikers Island Inmate Becomes 12th Person to Die in Custody ... show more	Oct. 4, 2021	Oct. 4, 2021
61	EXHIBIT(S) - 54 September 23, 2021 Letter to Judge Swain from the Office of the Monitor filed in Nuez v. City of New ... show more	Oct. 4, 2021	Oct. 4, 2021
62	EXHIBIT(S) - 55 September 28, 2021 Executive Order No. 5 (Declaration of a Disaster Emergency in the Counties of the ... show more	Oct. 4, 2021	Oct. 4, 2021
63	EXHIBIT(S) - 56 NYC Board of Correction website titled About NYC Board of Direction	Oct. 4, 2021	Oct. 4, 2021
64	AFFIDAVIT OR AFFIRMATION IN SUPPORT Affirmation of Veronica Vela in Support of Petitioners' Motion for Class Certification	Oct. 4, 2021	Oct. 4, 2021
65	AFFIDAVIT OR AFFIRMATION IN SUPPORT Affirmation of Brooke Menschel in Support of Petitioners' Motion for Class Certification	Oct. 4, 2021	Oct. 4, 2021
66	AFFIDAVIT OR AFFIRMATION IN SUPPORT Affirmation of Sean M. Murphy in Support of Petitioners' Motion for Class Certification	Oct. 4, 2021	Oct. 4, 2021
67	RJI -RE: ORDER TO SHOW CAUSE Corrected	Oct. 4, 2021	Oct. 4, 2021
68	NO FEE AUTHORIZATION (LETTER/ORDER/AFFIRMATION)	Oct. 4, 2021	Oct. 4, 2021
69	NO FEE AUTHORIZATION (LETTER/ORDER/AFFIRMATION)	Oct. 4, 2021	Oct. 4, 2021
70	ORDER TO SHOW CAUSE (Motion #1) DATED: OCTOBER 6,, 2021	Oct. 7, 2021	Oct. 7, 2021
71	EXHIBIT(S) - 20 (Motion #1) Corrected Exhibit to Affirmation of Micaela D. Manley (August 26, 2021 New York Focus article titled ... show more	Oct. 8, 2021	Oct. 8, 2021
72	EXHIBIT(S) - 29 (Motion #1) Corrected Exhibit to Affirmation of Micaela D. Manley (September 13, 2021 New York City Board of Cor ... show more	Oct. 8, 2021	Oct. 8, 2021
73	EXHIBIT(S) - 52 (Motion #1) Corrected Exhibit to Affirmation of Micaela D. Manley (September 22, 2021 New York City Board of Cor ... show more	Oct. 8, 2021	Oct. 8, 2021
74	AFFIRMATION/AFFIDAVIT OF SERVICE (Motion #1)	Oct. 13, 2021	Oct. 13, 2021
75	ANSWER IN SPECIAL PROCEEDING (Motion #1) Verified Answer	Oct. 29, 2021	Oct. 29, 2021
76	MEMORANDUM OF LAW IN SUPPORT (Motion #1) Memorandum of Law in support of Respondent's Verified Answer to the Verified Petition	Oct. 29, 2021	Oct. 29, 2021
77	ORDER ( PROPOSED ) (Motion #1) Proposed Order Granting Class Certification	Nov. 5, 2021	Nov. 5, 2021
78	MEMORANDUM OF LAW IN REPLY (Motion #1) Reply Memorandum of Law in Support of Article 78 Mandamus to Compel Petition and Motion for Class Ce ... show more	Nov. 5, 2021	Nov. 5, 2021
79	APPENDIX (Motion #1) Copy of Monitor Letter from Nunez	Nov. 18, 2021	Nov. 18, 2021
80	SUR-REPLY (Motion #1)	Nov. 18, 2021	Nov. 18, 2021
81	ORDER TO SHOW CAUSE (Motion #1) Short Form Order & Order Granting Class Certification & Order Granting Petitioners' Mandamus Relief ... show more	Dec. 6, 2021	Dec. 6, 2021
82	NOTICE OF ENTRY (Motion #1)	Dec. 7, 2021	Dec. 7, 2021
83	LETTER / CORRESPONDENCE TO JUDGE Cover Letter -Proposed Order	Dec. 9, 2021	Dec. 9, 2021
84	ORDER ( PROPOSED ) Proposed Order	Dec. 9, 2021	Dec. 9, 2021
85	ADJOURNMENT OF MOTION -REQUEST (Motion #1) Respondent's Request for an Extension of Time for Compliance	Dec. 20, 2021	Dec. 20, 2021
86	ORDER TO SHOW CAUSE ( PROPOSED ) (Motion #2) Corrected	Feb. 1, 2022	Feb. 1, 2022
87	AFFIDAVIT OR AFFIRMATION IN SUPPORT OF PROPOSED OSC/EXPARTE APP (Motion #2) Corrected Fell Affirmation	Feb. 1, 2022	Feb. 1, 2022
88	EXHIBIT(S) - 1 (Motion #2) 12.13.2021 - Letter from A. Yacyshyn	Feb. 1, 2022	Feb. 1, 2022
89	EXHIBIT(S) - 2 (Motion #2) 12.21.2021 - Letter from K. Fell et al	Feb. 1, 2022	Feb. 1, 2022
90	EXHIBIT(S) - 3 (Motion #2) 1.3.2022 - Letter from K. Fell to C. ORsland, B. Krist, and A. Yacyshyn	Feb. 1, 2022	Feb. 1, 2022
91	EXHIBIT(S) - 4 (Motion #2) 1.26.2022 Production [Cover Letter, Aff., Report]	Feb. 1, 2022	Feb. 1, 2022
92	EXHIBIT(S) - 5 (Motion #2) 1.31.2022 - Letter to Respondent DOC	Feb. 1, 2022	Feb. 1, 2022
93	EXHIBIT(S) - 6 (Motion #2) June 2020 Non-Production Report	Feb. 1, 2022	Feb. 1, 2022
94	EXHIBIT(S) - 7 (Motion #2) Dec. 2020 Non-Production Report	Feb. 1, 2022	Feb. 1, 2022
95	EXHIBIT(S) - 8 (Motion #2) June 2021 Non-Production Report	Feb. 1, 2022	Feb. 1, 2022
96	EXHIBIT(S) - 9 (Motion #2) Sept. 2021 Non-Production Report	Feb. 1, 2022	Feb. 1, 2022
97	EXHIBIT(S) - 10 (Motion #2) Oct. 2021 Non-Production Report	Feb. 1, 2022	Feb. 1, 2022
98	EXHIBIT(S) - 11 (Motion #2) Nov. 2021 Non-Production Report	Feb. 1, 2022	Feb. 1, 2022
99	EXHIBIT(S) - 12 (Motion #2) Dec. 2021 Non-Production Report	Feb. 1, 2022	Feb. 1, 2022
100	EXHIBIT(S) - 13 (Motion #2) 1.11.2022 NYTimes Article	Feb. 1, 2022	Feb. 1, 2022