Category Archives: Litigation

Federal litigation concerning proximity to minor child and disability concerns survives motion to dismiss

Federal litigation addressing proximity to minor child and disability concerns survives motion to dismiss Judge D’Agostino of the Northern District of NY issued a decision denying, in part, DOCCS’ motion to dismiss litigation concerning the intersection between disability and proximity to minor child placement (PMC). The Plaintiff in this case was approved for a PMC transfer,Continue reading “Federal litigation concerning proximity to minor child and disability concerns survives motion to dismiss”

Immigration Habeas Win

Immigration Habeas Corpus Win In partnership with Robert F. Kennedy Human Rights Center, the National Immigration Project, and Singleton Schrieber LLP, PLS secured release from immigration detention for a 20-year-old youth from upstate New York. The habeas petitioner had been granted Special Immigrant Juvenile Status in 2022, yet was arrested by immigration after the fact.Continue reading “Immigration Habeas Win”

Federal Court Orders Major Changes at Marcy Correctional Facility’s Mental Health Unit

Following a lawsuit filed on September 9 by Prisoners’ Legal Services of New York (PLS) and Disability Rights New York (DRNY) US District Judge has ordered immediate changes to how people with mental illness are treated at Marcy Correctional Facility’s Residential Mental Health Unit (RMHU). . .

COURT RULES DOCCS’ BOOT-CAMP PROGRAM VIOLATED LAWS AGAINST DISCIMRIMINATION

Following a 2020 class action lawsuit filed by Prisoners’ Legal Services of New York, a federal judge ruled late Thursday that the New York State Department of Corrections and Community Supervision (DOCCS) violated federal anti-discrimination laws by excluding prisoners with disabilities from a military-style boot-camp program known as “Shock.”

Landmark Decision by US Court of Appeals for the Second Circuit Ensuring all protections under IDEA remain with the students after the age of 18-21

Disability Rights New York (DRNY), together with Prisoners’ Legal Services of New York (PLS) received a groundbreaking decision from the US Court of Appeals for the Second Circuit recognizing that young adults with disabilities can enforce their own special education rights.

PLS CHALLENGES WITHHOLDING OF EVIDENCE REQUESTED THROUGH FOIL

Timely access to prison records is critical to PLS’s ability to provide effective representation to our clients. Our primary means of obtaining records for initial investigations and advocacy is New York’s Freedom of Information Law (FOIL). We recently argued an appeal before the Appellate Division, Third Department challenging DOCCS’ withholding of videos and narrative incident reports requested through FOIL.