PLS prevails in challenge to a DOCCS’ decision to remove our client from the work release program following his filing of a worker’s compensation program claim for a prior occupational injury as one that violates Americans with Disabilities Act.

Beckhorn v. NYSDOCCS, et al., Case No. 1:18-cv-01452, W.D.N.Y.

Mr. Beckhorn was approved to participate in DOCCS’ work release program. However, after DOCCS staff learned that he filed a worker’s compensation claim for a prior occupational injury, they removed him from the work release program. This program removal also resulted in revocation of his previously earned sentence reduction credit. As a result of DOCCS’ unlawful conduct, our client spent an additional nine months in prison.

PLS brought claims for unlawful disability-based discrimination in the United States District Court for the Western District of New York and moved for a preliminary injunction. The Court found that Mr. Beckhorn was likely to succeed on his claim that his removal from the work release program violated the Americans with Disabilities Act, and ordered DOCCS to restore his sentence reduction credit. PLS subsequently obtained a monetary settlement for Mr. Beckhorn to compensate him for exclusion from the work release program and prolonged incarceration.