Hector Nayo – Controller

Hector Nayo

Controller

(518) 445-6050  ext. 1105

hnayo@plsny.org

Hector is a Certified Public Accountant and began working as the Financial Controller at Prisoners’ Legal Services of New York (PLS) in December 2006. He is a graduate of the University of Ghana, Legon, Ghana and Emile Woolf College of Accountancy, London, England. Prior to working with PLS, he worked as a Senior Auditor/Accountant with the audit firm of Ciaschi, Dietershagen, Little & Mickelson & Co., LLP, Ithaca, NY, USA. 

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

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). The court’s decision, issued on September 15, 2025, requires prison officials to give every incarcerated person in the unit at least seven hours outside of their cell each day. From Monday through Friday, this must include four hours of structured mental health treatment or therapy and three more hours of group programs, activities, meals, and recreation. On weekends, when therapy sessions are not scheduled, people must still receive a full seven hours of group-based out-of-cell time.


The lawsuit alleges that conditions in the RMHU have been harsh and inhumane, with people locked in small, unsanitary cells for almost the entire day. Their lawsuit says the unit, which was supposed to offer treatment, actually resembled solitary confinement — with little fresh air, extreme temperatures, and poor sanitation, including cells contaminated with waste and pests. The plaintiffs argue that these conditions violate both mental health care standards and constitutional rights.


The judge also ordered that everyone in the unit be offered a mental health evaluation within five weeks, as part of their ongoing care. Under federal law, the court’s ruling will automatically expire after 90 days unless the two sides agree to extend it or submit their arguments to renew it. Advocates hope the order leads to lasting improvements in how New York treats people with serious mental illness in prison. For now, the court’s decision ensures that those in the RMHU will receive more humane conditions and better access to care.


Read the Order


You can read more about the lawsuit here: Case 9:25-cv-01242-MAD-DJS


Other coverage in the media:

Times Union 

PLS and DRNY file a lawsuit in NDNY challenging inhumane conditions at Marcy CF RMHU

PLS and DRNY file a lawsuit in NDNY challenging inhumane conditions at Marcy CF RMHU

September 9, 2025 Albany, NY – Disability Rights New York (DRNY) and Prisoners’ Legal Services of 

New York (PLS) filed a complaint with a temporary restraining order and preliminary injunction in 

the Northern District against New York State Department of Corrections and Community Supervision, 

Commissioner Daniel F. Martuscello III, in his official capacity, Marcy Correctional Facility, 

Superintendent Bennie Thorpe, in his official capacity, New York State Office of Mental Health, 

Commissioner Ann Marie T. Sullivan, in her official capacity, RMHU Unit Chief Vincent Lorusso, in 

his official capacity, Governor Kathy Hochul, in her official capacity, and the State of New York.

 

After visiting in August 2025, DRNY and PLS found that the Marcy Correctional Facility’s 

Residential Mental Health Unit (RMHU) functions similarly to the segregated housing units it was 

meant to improve.

 

In 2007, the then-Department of Correctional Services (DOCS) agreed to create the RMHU as part of a 

settlement in response to a 2002 lawsuit filed by DRNY, as Disability Advocates, Inc., PLS, Davis 

Polk Wardwell and Legal Aid Society’s Prisoners’ Rights Project against the New York State Office 

of Mental Health (OMH). The lawsuit alleged that DOCS and OMH failed to provide adequate mental 

health services in prison, resulting in the placement of individuals with mental illness in 

solitary confinement.

Following the settlement of that lawsuit, New York passed a law making the RMHU permanent.

 

However, despite these reforms, the practice of isolating incarcerated individuals with serious 

mental illnesses in segregated units continues. People are confined to small cells for 24 hours a 

day for months on end absent an occasional call-out. These cells are subjected to extreme 

temperatures due to the lack of proper airflow through the unit and are littered with debris, 

including feces.

 

“The conditions that these men are living in are horrific,” said Timothy Clune, Esq., Executive 

Director of DRNY. “After decades of operating these units, the defendants decided to terminate all 

services for these men. They are now confined to their cells under inhumane conditions.”

 

“The DAI lawsuit exposed the appalling conditions endured by individuals with serious mental 

illness in New York’s prison system and, after five years of hard-fought litigation, it was finally 

settled,” said Karen Murtagh, Executive Director of PLS. “That settlement came with the expectation 

that DOCCS and OMH would fulfill their obligations and provide adequate care and treatment to this 

vulnerable population. Unfortunately, they have failed to do so—and we are once again compelled

to return to court to fight for the basic rights and dignity of our clients.”

 

Read Lawsuit Complaint 

Read Memorandum of Law

DRNY Press release

Media Coverage:

 

Court orders release of a 19-year-old asylum seeker following unlawful ICE arrest at Immigration Hearing

Court orders release of a 19-year-old asylum seeker following unlawful ICE arrest at Immigration Hearing

A federal judge in the Western District of New York issued a preliminary injunction ordering the release of a 19‑year‑old asylum seeker Oliver Mata Velazquez, who was arrested by the ICE agents as he attended a scheduled immigration court hearing in Buffalo. The court found ICE’s actions—arresting someone with no criminal record, in full compliance with all legal requirements and without any changed circumstances—violated both his Fourth and Fifth Amendment rights and ran afoul of the Administrative Procedure Act. 


In a sharply worded decision, Judge Lawrence J. Vilardo noted that Oliver “must be given the opportunity to be heard ‘at a meaningful time and in a meaningful manner,’” highlighting that his prior humanitarian parole and compliance with all government mandates meant he posed neither a flight risk nor a public safety threat. The Court concluded that ICE’s policy of conducting courthouse arrests is arbitrary, capricious, and inconsistent with constitutional due process protections.


Attorneys for Oliver—represented by the Prisoners’ Legal Services of New York, NYCLU, and RFK Human Rights—called the ruling a vindication of constitutional rights, warning that sweeping courthouse arrests chill access to justice. The decision underscores growing judicial scrutiny of immigration enforcement tactics and one that hopefully prompts a broader reconsideration of ICE’s courthouse arrest practices.

Filings:

Complaint 

Amended Petition

Memo of Law

Order

Tim Martin – PREP Social Worker

Tim Martin

PREP Social Worker

(716) 854-1007 ext. 1324

tmartin@plsny.org

Tim joined Prisoners’ Legal Services in January 2025. Tim received his master’s in social work (MSW) from The University at Buffalo (UB) in 2023. He previously completed his bachelor’s in business administration at Alfred State College in 2017. Since completing his undergraduate degree, Tim has worked in multiple positions throughout the social service field. He has a passion for working with communities that are underserved with a focus on East Buffalo. Throughout his career, Tim has worked in the Buffalo community mentoring high school students, at a non-profit running adult education programs, and as a clinical counselor providing mental health services. When Tim is not at work, he enjoys spending quality time with his wife and three kids doing anything new and adventurous. He loves camping, playing board games, serving at his church, and playing almost any sport (basketball, skiing/snowboarding, soccer, tennis, etc.).