Case: B.B. v. Hochul

1:21-cv-06229 | U.S. District Court for the Eastern District of New York

Filed Date: Nov. 10, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This class action lawsuit challenged New York's practice of rejecting people who apply to be foster parents to relatives because of past convictions or only charges under state, federal, and city rules. The complaint was filed on November 10, 2021 in the Eastern District of New York and assigned to Judge LaShann DeArcy Hall. The named plaintiffs were children who had been involuntarily removed from their parents or guardians by the New York City Administration for Children's Service (ACS) and w…

This class action lawsuit challenged New York's practice of rejecting people who apply to be foster parents to relatives because of past convictions or only charges under state, federal, and city rules.

The complaint was filed on November 10, 2021 in the Eastern District of New York and assigned to Judge LaShann DeArcy Hall. The named plaintiffs were children who had been involuntarily removed from their parents or guardians by the New York City Administration for Children's Service (ACS) and who had been denied or were at risk of being denied a foster or adoptive placement with a family member as a result of the caregiver's criminal history or previous report of child abuse or neglect. ACS removes thousands of children from the care of their parents or guardians due to neglect or abuse. These children are then placed in ACS legal custody until the agency can place them with foster family. A disproportionate number of the children removed from their family homes are poor and people of color. Children often adjust better if they are placed with family members, otherwise known as Kin Caregivers.

However, current state, city, and federal rules bar categorically certain Kin Caregivers from applying to be foster or adoptive guardians. Under New York Social Services Law § 378-a(2)(e)(1), a Kin Caregiver is subject to mandatory disqualification if they have committed a disqualifying crime. There are almost 300 felonies under the New York penal code that mandate lifetime mandatory disqualification, including some attempted felonies. 40 other felonies require a five-year disqualification. Consequently, ACS will deny a child's placement with a Kin Caregiver even if the conviction is years old. No individualized assessment is provided. Additionally, under New York Social Services Law § 378-a(2)(e)(3), a child may also be denied a placement with a Kin Caregiver if the Kin Caregiver or any other adult household member was previously charged or convicted for any crime. As with the mandatory disqualification, no individualized disqualification is provided. Additionally, ACS may also deny a child a Kin Caregiver placement if that person or any adult household member was ever subject to an "indicated report" in the New York State Central Register of Child Abuse and Maltreatment. The standard for an indicating report is low; a report may be filed on the basis of "some credible evidence." Even when a report is indicated, ACS is not required to take any action; the matter may never be filed with Family Court. Again, denial is not subject to individualized review. As a result of these rules, plaintiffs allege that many children are denied foster or adoptive homes with Kin Caregivers.

In their complaint, Plaintiffs asserted that the Defendants' actions are in violation of the Plaintiff class's substantive due process rights under the Fourteenth Amendment, including the right to family association and integrity, the right to be free from unnecessary intrusions into the child's emotional well-being, and the right not to be placed in government custody longer than is necessary. Additionally, Plaintiffs asserted that the Defendants' actions deprived the Plaintiff class of these rights without offering the Plaintiff class notice or adequate opportunity to be heard. Consequently, the Plaintiff class has been and is at risk of being deprived of procedural due process rights under the Fourteenth Amendment.

Plaintiffs sought declaratory relief in the form of a declaration that New York Social Services Law § 378-a(2)(e)(1) and 18 N.Y.C.R.R. §§ 443.2(b); 443.8(e); 421.16(n) are unconstitutional and unlawful and that Defendants were violating the Plaintiff Class's substantive and procedural due process rights under the Fourteenth Amendment. The Plaintiffs also sought a permanent injunction requiring Defendants to create and implement guidance and oversight over the foster and adoptive approval process to ensure that a child's Kin Caregiver is being properly evaluated if that person or a household member has a criminal or SCR record and that the Plaintiff class has notice and a meaningful opportunity to respond to any denial of their foster or adoptive placement with a Kin Caregiver on the ground of the Kin Caregiver or other adult household member's criminal history or SCR record.

The case remains open.

Summary Authors

Gabrielle Simeck (11/27/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60856270/parties/bb-v-hochul/


Attorney for Plaintiff

Freeman, Lisa (New York)

Goldstein, Linda C (New York)

Rosa, Samantha (New York)

Wood, Kathryn Anne (New York)

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Documents in the Clearinghouse

Document

1:21-cv-06229

B.B. v. Hochul [Docket]

Nov. 10, 2021

Nov. 10, 2021

Docket
1

1:21-cv-06229

Class Action Complaint

Nov. 10, 2021

Nov. 10, 2021

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60856270/bb-v-hochul/

Last updated Jan. 29, 2024, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants filing fee $ 402, receipt number ANYEDC-15016098 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by J.R., a minor, by his Next Friend Anna Roberts, M.P., a minor, by his Next Friend Adira Hulkower, J.S. and S.S., minors, by their Next Friend Lisa Hoyes, C.C., a minor, by her Next Friend, Lisa Hoyes, T.R., a minor, by his Next Friend Cynthia Godsoe, C.P., a minor, by his Next Friend Cynthia Godsoe, B.B., a minor, by his Next Friend Joy Rosenthal, Z.W. and D.W., minors, by their Next Friend Jennifer Melnick, E.R., A.R. and M.R., minors, by their Next Friend Peggy Cooper Davis, C.W.C., a minor, by her Next Friend Joy Rosenthal. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons) (Goldstein, Linda) (Entered: 11/10/2021)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

3 Proposed Summons

View on PACER

4 Proposed Summons

View on PACER

Nov. 10, 2021

Nov. 10, 2021

Clearinghouse

Case Assigned to Judge LaShann DeArcy Hall and Magistrate Judge Robert M. Levy. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Neptune, Pierre)

Nov. 10, 2021

Nov. 10, 2021

PACER
2

Summons Issued as to Kathy Hochul, Sheila J. Poole. (Neptune, Pierre) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER

Your proposed summons was not issued for the following reasons: Defendant's name (City of New York) was not entered in the 'To' field on the summons; the name on the summons (New York City Law Department) does not match the name as it appears on the complaint. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (Neptune, Pierre)

Nov. 10, 2021

Nov. 10, 2021

PACER
3

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Neptune, Pierre) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
4

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Neptune, Pierre) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
5

Proposed Summons. by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (Goldstein, Linda) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
6

Summons Issued as to City of New York. (Layne, Monique) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
7

NOTICE of Appearance by Lisa Freeman on behalf of All Plaintiffs (aty to be noticed) (Freeman, Lisa) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER
8

NOTICE of Appearance by Samantha Rosa on behalf of B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (aty to be noticed) (Rosa, Samantha) (Entered: 11/10/2021)

Nov. 10, 2021

Nov. 10, 2021

PACER

Case Assigned/Reassigned

Nov. 10, 2021

Nov. 10, 2021

PACER

Quality Control Check - Summons

Nov. 10, 2021

Nov. 10, 2021

PACER
9

NOTICE of Appearance by Emily Van Tuyl on behalf of B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (aty to be noticed) (Van Tuyl, Emily) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
10

Letter Unopposed Request for Extension of Time to Respond to Complaint by Kathy Hochul, Sheila J. Poole (Michael, Vivian) Modified on 11/29/2021 (Ramirez, Alexia). (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
11

NOTICE of Appearance by Vivian Costandy Michael on behalf of Kathy Hochul, Sheila J. Poole (aty to be noticed) (Michael, Vivian) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
12

NOTICE of Appearance by Philip S. Frank on behalf of City of New York (aty to be noticed) (Frank, Philip) (Entered: 11/24/2021)

Nov. 24, 2021

Nov. 24, 2021

PACER

ORDER granting 10 Motion for Extension of Time to File Response/Reply. The State Defendants and Defendant New York City shall file a pre-motion letter in response to the Complaint on or before December 14, 2021. Ordered by Magistrate Judge Robert M. Levy on 11/29/2021. (Ramirez, Alexia)

Nov. 29, 2021

Nov. 29, 2021

PACER

Order on Motion for Extension of Time to File Response/Reply

Nov. 29, 2021

Nov. 29, 2021

PACER
13

NOTICE of Appearance by Kathryn Anne Wood on behalf of All Plaintiffs (aty to be noticed) (Wood, Kathryn) (Entered: 12/03/2021)

Dec. 3, 2021

Dec. 3, 2021

PACER
14

NOTICE of Appearance by Patrick Allen Baker on behalf of Kathy Hochul, Sheila J. Poole (aty to be noticed) (Baker, Patrick) (Entered: 12/13/2021)

Dec. 13, 2021

Dec. 13, 2021

PACER
15

Letter Requesting Pre-Motion Conference by Kathy Hochul, Sheila J. Poole (Michael, Vivian) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
16

MOTION for pre motion conference by City of New York. (Frank, Philip) (Entered: 12/14/2021)

Dec. 14, 2021

Dec. 14, 2021

PACER
17

Letter dated December 21, 2021 to Honorable LaShann DeArcy Hall from Linda C. Goldstein re: Response to Defendants Pre-Motion Letters [ECF No. 15 &16] by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (Goldstein, Linda) (Entered: 12/21/2021)

Dec. 21, 2021

Dec. 21, 2021

PACER

SCHEDULING ORDER: Defendants' letter motions 15 16 requesting a pre-motion conference are GRANTED. The Court shall hold a telephonic pre-motion conference on Defendants' anticipated motions to dismiss the complaint on January 20, 2022, at 12:00 p.m. The parties are directed to call chambers on January 20, 2022, at 12:00 p.m., using the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Ordered by Judge LaShann DeArcy Hall on 12/29/2021. (Williams, Erica)

Dec. 29, 2021

Dec. 29, 2021

PACER

Order on Motion for Pre Motion Conference

Dec. 29, 2021

Dec. 29, 2021

PACER

SCHEDULING ORDER: The pre-motion conference scheduled on January 20, 2022, is ADJOURNED to February 2, 2022, at 11:00 a.m. The parties are directed to call chambers on February 2, 2022, at 11:00 a.m., using the following conference line and dial-in information: toll free number 1-888-684-8852; access code 1537693. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court.

Jan. 19, 2022

Jan. 19, 2022

PACER

1 - Terminate Hearings AND ~Util - Set Hearings AND Order Setting Hearing on Motion

Jan. 20, 2022

Jan. 20, 2022

PACER

ORDER: The pre-motion conference scheduled for February 2, 2022, at 11:00 a.m., shall be held via videoconference. The parties will be sent a video link separately. Members of the public can join by phone at 1-646-828-7666; Meeting ID: 1605460750; Passcode: 923847. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Ordered by Judge LaShann DeArcy Hall on 1/26/2022. (Williams, Erica)

Jan. 26, 2022

Jan. 26, 2022

PACER

Order(Other)

Jan. 26, 2022

Jan. 26, 2022

PACER

MINUTE ENTRY AND ORDER: A pre-motion videoconference regarding Defendants' anticipated motions to dismiss the complaint was held before Judge LaShann DeArcy Hall on February 2, 2022. Vivian Costandy Michael and Patrick Allen Baker appeared on behalf of Defendants Governor Kathy Hochul and Commissioner Sheila J. Poole. Philip Frank appeared on behalf of Defendant City of New York. Lisa Freeman and Linda C. Goldstein appeared on behalf of the Plaintiffs. On or before February 4, 2022, the parties are directed submit a joint proposed briefing schedule for Defendants motions to dismiss. Ordered by Judge LaShann DeArcy Hall on 2/22/2022. (Court Reporter Holly Driscoll.) (Williams, Erica)

Feb. 2, 2022

Feb. 2, 2022

PACER

Pre Motion Conference

Feb. 2, 2022

Feb. 2, 2022

PACER
18

Proposed Scheduling Order for Motions to Dismiss by Kathy Hochul, Sheila J. Poole (Michael, Vivian) (Entered: 02/03/2022)

Feb. 3, 2022

Feb. 3, 2022

PACER

ORDER: The parties proposed briefing schedule 18 for motions to dismiss is GRANTED in PART. A review of the Defendants pre-motion conference letters reveals that the arguments to be raised by the City Defendant and State Defendants are indistinguishable save State Defendants argument regarding Governor Hochul. Accordingly, Defendants shall be required to submit an omnibus brief. Defendants shall serve Plaintiffs with their omnibus motion to dismiss and memoranda of law, not to exceed 35 pages, by April 8, 2022. Plaintiffs shall serve Defendants with their opposition, not to exceed 35 pages, by June 7, 2022. Defendants shall serve their reply, if any, not to exceed 15 pages, and file the fully briefed motions by June 28, 2022. As a courtesy, unless objected to by the parties, the Court asks that the parties file the motion only once it is fully briefed. Defendants shall provide the Court with a courtesy copy of the filed, stamped, fully briefed motion, within two business days of filing. Memoranda of law and courtesy copies shall comply with this Court's Individual Practices. Ordered by Judge LaShann DeArcy Hall on 2/8/2022. (Williams, Erica)

Feb. 8, 2022

Feb. 8, 2022

PACER

Order(Other)

Feb. 8, 2022

Feb. 8, 2022

PACER
19

NOTICE of Appearance by Vishan Patel on behalf of All Plaintiffs (aty to be noticed) (Patel, Vishan) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER
20

NOTICE of Appearance by Kimberly Rae Schertz on behalf of All Plaintiffs (aty to be noticed) (Schertz, Kimberly) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

PACER
21

NOTICE of Appearance by Stephen L. Saxl on behalf of Mobilization for Justice, Inc. (aty to be noticed) (Saxl, Stephen) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

PACER
22

Corporate Disclosure Statement by Mobilization for Justice, Inc. (Saxl, Stephen) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

PACER
23

Letter MOTION for Leave to File Document by Mobilization for Justice, Inc.. (Saxl, Stephen) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

PACER
24

Fully Briefed MOTION to Dismiss by Defendants by Kathy Hochul, Sheila J. Poole. (Michael, Vivian) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
25

MEMORANDUM in Support re 24 Fully Briefed MOTION to Dismiss by Defendants filed by Kathy Hochul, Sheila J. Poole. (Michael, Vivian) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
26

AFFIDAVIT/DECLARATION in Support re 24 Fully Briefed MOTION to Dismiss by Defendants Covington Decl. filed by Kathy Hochul, Sheila J. Poole. (Attachments: # 1 Exhibit 1-10 [Under Seal]) (Michael, Vivian) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
27

AFFIDAVIT/DECLARATION in Support re 24 Fully Briefed MOTION to Dismiss by Defendants Meyer Decl. filed by Kathy Hochul, Sheila J. Poole. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R) (Michael, Vivian) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
28

MEMORANDUM in Opposition re 24 Fully Briefed MOTION to Dismiss by Defendants filed by Kathy Hochul, Sheila J. Poole. (Michael, Vivian) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
29

REPLY in Support re 24 Fully Briefed MOTION to Dismiss by Defendants filed by Kathy Hochul, Sheila J. Poole. (Michael, Vivian) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
30

AFFIDAVIT/DECLARATION in Support re 24 Fully Briefed MOTION to Dismiss by Defendants Supp. Covington Decl. filed by Kathy Hochul, Sheila J. Poole. (Attachments: # 1 Exhibit 11 [Under Seal]) (Michael, Vivian) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
31

AFFIDAVIT/DECLARATION in Support re 24 Fully Briefed MOTION to Dismiss by Defendants Michael Decl. filed by Kathy Hochul, Sheila J. Poole. (Attachments: # 1 Exhibit A) (Michael, Vivian) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
32

MOTION for Leave to Electronically File Document under Seal the annexed Exhibits 1 through 11 in support of Defendants joint motion to dismiss the Complaint by City of New York. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11) (Frank, Philip) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
33

Letter dated October 27, 2022, to Honorable LaShann DeArcy Hall from Linda C. Goldstein re: Request for Rule 16(b) Conference by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (Goldstein, Linda) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
34

SCHEDULING ORDER: An initial conference by telephone has been scheduled for November 17, 2022 at 12:30 p.m., before the Honorable Robert M. Levy, United States Magistrate Judge at (888) 684-8852; Access Code #: 6223489. Ordered by Magistrate Judge Robert M. Levy on 10/27/2022. (Attachments: # 1 IC QUESTIONNAIRE, # 2 INDIVIDUAL RULES) (JM) (Entered: 10/27/2022)

Oct. 27, 2022

Oct. 27, 2022

PACER
35

MOTION to Stay discovery, filed jointly by the City and State Defendants, pending the Courts decision on Defendants June 28, 2022 motion to dismiss the Complaint by City of New York. (Attachments: # 1 Exhibit 1 - Transcript of Pre-Motion Conference Held on February 2, 2022) (Frank, Philip) (Entered: 11/02/2022)

Nov. 2, 2022

Nov. 2, 2022

PACER

ORDER deferring ruling on 35 Motion to Stay. The court will address the motion to stay at the 11/17/22 conference. Ordered by Magistrate Judge Robert M. Levy on 11/3/2022. (Levy, Robert)

Nov. 3, 2022

Nov. 3, 2022

PACER

Order on Motion to Stay

Nov. 3, 2022

Nov. 3, 2022

PACER
36

RESPONSE in Opposition re 35 MOTION to Stay discovery, filed jointly by the City and State Defendants, pending the Courts decision on Defendants June 28, 2022 motion to dismiss the Complaint filed by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W.. (Goldstein, Linda) (Entered: 11/07/2022)

Nov. 7, 2022

Nov. 7, 2022

PACER

Minute Entry for proceedings held before Magistrate Judge Robert M. Levy: Counsel present by telephone. Argument heard on stay. For the reasons explained at the hearing and in defendants submissions, a 60 day stay of discovery is granted, with leave to renew. Status report due 1/17/23.Motion Hearing held on 11/17/2022 re 35 MOTION to Stay discovery, filed jointly by the City and State Defendants, pending the Courts decision on Defendants June 28, 2022 motion to dismiss the Complaint filed by City of New York (Levy, Robert)

Nov. 17, 2022

Nov. 17, 2022

PACER

STATUS REPORT ORDER Status Report due by 1/17/2023.Ordered by Magistrate Judge Robert M. Levy on 11/17/2022. (Levy, Robert)

Nov. 17, 2022

Nov. 17, 2022

PACER

Motion Hearing

Nov. 17, 2022

Nov. 17, 2022

PACER

Status Report Order

Nov. 17, 2022

Nov. 17, 2022

PACER
37

Letter Re Amicus Brief by Mobilization for Justice, Inc. (Saxl, Stephen) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

PACER
38

MEMORANDUM in Opposition re 24 Fully Briefed MOTION to Dismiss by Defendants, 28 Memorandum in Opposition, 37 Letter, 23 Letter MOTION for Leave to File Document filed by Mobilization for Justice, Inc.. (Saxl, Stephen) (Entered: 11/21/2022)

Nov. 21, 2022

Nov. 21, 2022

PACER

ORDER: The Court is in receipt of Mobilization for Justice, Inc.'s motion for leave to file an amicus brief 23 . Should Mobilization for Justice, Inc. wish to file an amicus brief, it must do so by November 22, 2022. Ordered by Judge LaShann DeArcy Hall on 11/22/2022. (ML)

Nov. 22, 2022

Nov. 22, 2022

PACER
39

MEMORANDUM in Opposition re 24 Fully Briefed MOTION to Dismiss by Defendants, Order, AMICUS BRIEF OF MOBILIZATION FOR JUSTICE IN SUPPORT OF PLAINTIFFS OPPOSITION TO DEFENDANTS MOTION TO DISMISS THE COMPLAINT filed by Mobilization for Justice, Inc.. (Saxl, Stephen) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

PACER

Order(Other)

Nov. 22, 2022

Nov. 22, 2022

PACER
40

Joint MOTION for Leave to File Document Response to Amicus Brief by Kathy Hochul, Sheila J. Poole. (Michael, Vivian) (Entered: 11/28/2022)

Nov. 28, 2022

Nov. 28, 2022

PACER
41

RESPONSE to Motion re 40 Joint MOTION for Leave to File Document Response to Amicus Brief filed by Mobilization for Justice, Inc.. (Saxl, Stephen) (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

PACER

ORDER: Defendants' request 40 to respond to Mobilization for Justice, Inc.'s amicus brief is GRANTED. As an aside, amicus curiae was granted permission to file an amicus brief in this case. Amicus curiae are nonetheless not parties to this action and therefore are not entitled to weigh in on a request made by the parties. Ordered by Judge LaShann DeArcy Hall on 12/1/2022. (EW)

Dec. 1, 2022

Dec. 1, 2022

PACER

Order on Motion for Leave to File

Dec. 1, 2022

Dec. 1, 2022

PACER
42

REPLY in Opposition re 39 Memorandum in Opposition, Response to Amicus Brief filed by Kathy Hochul, Sheila J. Poole. (Baker, Patrick) (Entered: 12/07/2022)

Dec. 7, 2022

Dec. 7, 2022

PACER
43

NOTICE of Appearance by Hayden Adam Coleman on behalf of B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (aty to be noticed) (Coleman, Hayden) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

PACER
44

MOTION to Withdraw as Attorney by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W.. (Attachments: # 1 Proposed Order withdrawing attorney Linda C. Goldstein.) (Goldstein, Linda) (Entered: 12/29/2022)

1 Proposed Order withdrawing attorney Linda C. Goldstein.

View on RECAP

Dec. 29, 2022

Dec. 29, 2022

RECAP

ORDER granting 44 Motion to Withdraw as Attorney. Attorney Linda C. Goldstein terminated. Ordered by Magistrate Judge Robert M. Levy on 12/30/2022. (JM)

Dec. 30, 2022

Dec. 30, 2022

PACER

Order on Motion to Withdraw as Attorney

Dec. 30, 2022

Dec. 30, 2022

PACER
45

STATUS REPORT by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (Coleman, Hayden) (Entered: 01/17/2023)

Jan. 17, 2023

Jan. 17, 2023

PACER
46

STATUS REPORT and Renewal of Defs. Motion for Stay of Discovery Pending Resolution of Motion to Dismiss by Kathy Hochul, Sheila J. Poole (Michael, Vivian) (Entered: 01/17/2023)

Jan. 17, 2023

Jan. 17, 2023

PACER

ORDER terminating 35 : See 11/17/22 Minute Entry. Motion 35 resolved at 11/17/22 conference. Ordered by Magistrate Judge Robert M. Levy on 1/20/2023. (JM)

Jan. 20, 2023

Jan. 20, 2023

PACER

Order on Motion to Stay

Jan. 20, 2023

Jan. 20, 2023

PACER

ORDER granting 45 60-Day stay of discovery, with leave to renew. Next status report due 3/17/23. Ordered by Magistrate Judge Robert M. Levy on 1/23/2023. (JM)

Jan. 23, 2023

Jan. 23, 2023

PACER

Order(Other)

Jan. 23, 2023

Jan. 23, 2023

PACER
47

STATUS REPORT and Renewal of Defs. Motion for Stay of Discovery Pending Resolution of Motion to Dismiss by Kathy Hochul, Sheila J. Poole (Baker, Patrick) (Entered: 03/17/2023)

March 17, 2023

March 17, 2023

PACER
48

STATUS REPORT Update and Renewed Objection to Defendants' Motion to Stay Discovery by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W. (Coleman, Hayden) (Entered: 03/17/2023)

March 17, 2023

March 17, 2023

PACER

Order on Motion to Dismiss AND Order on Motion for Leave to Electronically File Document under Seal

March 31, 2023

March 31, 2023

PACER

ORDER: Defendants Kathy Hochul, Sheila Poole and the City of New York's motion 24 to dismiss Plaintiffs' complaint for lack of subject matter jurisdiction is GRANTED. Memorandum and Order to follow. Defendants' motion 32 to seal exhibits one through eleven is GRANTED. Ordered by Judge LaShann DeArcy Hall on 3/31/2023. (CG)

March 31, 2023

March 31, 2023

PACER
49

MEMORANDUM AND ORDER: For the reasons set forth in the attached memorandum and order, Defendants' motion to dismiss Plaintiffs' complaint 24 is GRANTED. Ordered by Judge LaShann DeArcy Hall on 9/12/2023. (CG) (Entered: 09/12/2023)

Sept. 12, 2023

Sept. 12, 2023

RECAP
50

JUDGMENT: ORDERED and ADJUDGED that Defendants' motion to dismiss is granted for lack of subject matter jurisdiction pursuant to Rule 12(b)(1); and that the complaint is dismissed in its entirety. Signed by Brenna B. Mahoney, Clerk of Court by Jalitza Poveda, Deputy Clerk on 9/14/2023. (ML) (Entered: 09/14/2023)

Sept. 14, 2023

Sept. 14, 2023

PACER
51

NOTICE OF APPEAL as to 50 Clerk's Judgment, by B.B., C.C., C.P., C.W.C., E.R., A.R. and M.R., J.R., J.S. and S.S., M.P., T.R., Z.W. and D.W.. Filing fee $ 505, receipt number ANYEDC-17184512. (Coleman, Hayden) (Entered: 10/16/2023)

Oct. 16, 2023

Oct. 16, 2023

PACER

Electronic Index to Record on Appeal

Nov. 8, 2023

Nov. 8, 2023

PACER

Electronic Index to Record on Appeal sent to US Court of Appeals. 51 Notice of Appeal Documents are available via Pacer. For docket entries without a hyperlink or for documents under seal, contact the court and we'll arrange for the document(s) to be made available to you. (VJ)

Nov. 8, 2023

Nov. 8, 2023

PACER
52

Withdraw as Attorney

Jan. 17, 2024

Jan. 17, 2024

PACER

Order on Motion to Withdraw as Attorney

Jan. 18, 2024

Jan. 18, 2024

PACER

Case Details

State / Territory: New York

Case Type(s):

Child Welfare

Key Dates

Filing Date: Nov. 10, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Children in New York City who have been or will be removed from their parents or guardians by ACS and have been denied or are at risk of being denied a foster or adoptive placement with a Kin Caregiver based on the criminal history or SCR record of the caregiver or adult household member of the caregiver.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

Governor of New York, State

Governor, State

City of New York, City

Commissioner, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Foster care (benefits, training)

Parents (visitation, involvement)