Case: Andre H. v. Sobol

1:84-cv-03114 | U.S. District Court for the Southern District of New York

Filed Date: May 3, 1984

Closed Date: Sept. 10, 1993

Clearinghouse coding complete

Case Summary

On May 3, 1984 juveniles filed a class action lawsuit in U.S. District Court for the Southern District of New York pursuant to 42 U.S.C. § 1983, the Education of the Handicapped Act (EHA), 20 U.S.C. §§ 1400 et. seq., and the Rehabilitation Act of 1973, 29 U.S.C. § 794, challenging their conditions of confinement at the Spofford Juvenile Center (Spofford). Plaintiffs were represented by the New York Legal Aid Society, Juvenile Rights Division and sought declaratory and injunctive relief. Clas…

On May 3, 1984 juveniles filed a class action lawsuit in U.S. District Court for the Southern District of New York pursuant to 42 U.S.C. § 1983, the Education of the Handicapped Act (EHA), 20 U.S.C. §§ 1400 et. seq., and the Rehabilitation Act of 1973, 29 U.S.C. § 794, challenging their conditions of confinement at the Spofford Juvenile Center (Spofford). Plaintiffs were represented by the New York Legal Aid Society, Juvenile Rights Division and sought declaratory and injunctive relief.

Class certification was granted by the District Court on February 26, 1985. After years of discovery, the parties settled the case. On September 10, 1990, the District Court (Judge David N. Edelstein) approved and entered a Stipulation and Order of Settlement. The Stipulation set forth agreed reforms to be implemented in the following areas: assessment, evaluation and placement of juveniles; education; staffing requirements; procedural safeguards; and special education and regulations relating to handicapped children. The Stipulation provided for a monitoring period of three years.

By separate order dated December 26, 1990, plaintiffs were awarded attorneys' fees and costs in the amount of $135,000.

According to the PACER docket, the case was administratively closed on August 6, 1991. We have no further information on the case.

Summary Authors

Dan Dalton (2/26/2007)

People


Judge(s)

Edelstein, David Norton (New York)

Attorneys(s) for Plaintiff

Firestein, Rose E. (New York)

Gittis, Lenore (New York)

McNally, Kay G. (New York)

Schwarz, Frederick A.O. Jr. (New York)

Sufian, Jane M. (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Goodman, Grace (New York)

Kovner, Victor A. (New York)

Ovesey, Michele (New York)

Judge(s)

Edelstein, David Norton (New York)

Attorneys(s) for Plaintiff

Firestein, Rose E. (New York)

Gittis, Lenore (New York)

McNally, Kay G. (New York)

Schwarz, Frederick A.O. Jr. (New York)

Sufian, Jane M. (New York)

Attorneys(s) for Defendant

Abrams, Robert W. (New York)

Goodman, Grace (New York)

Kovner, Victor A. (New York)

Ovesey, Michele (New York)

Pines, Jonathan (New York)

Shoemaker, Martha O. (New York)

Weintraub, Henry S. (New York)

Expert/Monitor/Master

Murray, Kevin Charles (Indiana)

Documents in the Clearinghouse

Document

Docket (Pacer)

Andre v. Ambach

Aug. 6, 1991 Docket

Opinion

Andre H. v. Ambach

104 F.R.D. 606, 1985 U.S.Dist.LEXIS 22285

Feb. 26, 1985 Order/Opinion

Stipulation and Order of Settlement

Sept. 10, 1990 Order/Opinion

Stipulation and Order Regarding Attorney's Fees and Costs

Dec. 26, 1990 Order/Opinion

Correspondence

Jan. 3, 1991 Correspondence

Correspondence

Jan. 14, 1991 Correspondence

Resources

Title Description External URL

Docket

Last updated May 12, 2022, 8 p.m.

Docket sheet not available via the Clearinghouse.

State / Territory: New York

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: May 3, 1984

Closing Date: Sept. 10, 1993

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A;; juveniles confined at the Spofford Juvenile Center (Spofford).

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Spofford Juvenile Detention Center (New York City), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Indv. w/ Disab. Educ. Act (IDEA), Educ. of All Handcpd. Children Act , 20 U.S.C. § 1400

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

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Availably Documents:

Trial Court Docket

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 1990 - 1993

Issues

General:

Education

Individualized planning

Special education

Staff (number, training, qualifications, wages)

Discrimination-basis:

Disability (inc. reasonable accommodations)

Type of Facility:

Government-run