A.T. et al v. Harder et al
| A. T. and B. C. |
| David Harder, Mark Smolinsky, Kevin Moore and Chenango Valley Central School District |
| 9:2017cv00817 |
| July 25, 2017 |
| US District Court for the Northern District of New York |
| Prisoner Office |
| Broome |
| David E. Peebles |
| David N. Hurd |
| Civil Rights |
| 42 U.S.C. ยง 1983 |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
75
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT: ORDERED that 1. The Settlement Agreement filed by the parties on July 9, 2018 (Dkt. No. 74 ) is APPROVED as fair, reasonable, and adequate to the class of "All 16- and 17-year-olds w ho are now or will be incarcerated at the Broome County Correctional Facility," to the subclass of "All 16- and 17-year-olds with disabilities, as defined by the Individuals With Disabilities Education Act, who are now or will be incarcerat ed at the Broome County Correctional Facility, and who are in need of special education and related services"; and to the subclass of "All 16- and 17-year-olds with psychiatric and/or intellectual disabilities, as defined by the Americans w ith Disabilities Act and Section 504 of the Rehabilitation Act of 1973, who now or will be incarcerated at the Broome County Correctional Facility, who are at risk of being placed in disciplinary isolation because of their disability"; and 2. The parties' agreement on fees and costs (Dkt. No. 72 ) is APPROVED. Signed by Judge David N. Hurd on 12/18/18. (nas)
|
|
Filing
62
MEMORANDUM-DECISION AND ORDER: ORDERED that 1. Plaintiffs' 33 motion for class certification is GRANTED; 2. Plaintiffs' 45 motion for a preliminary injunction is GRANTED; 3. The official-capacity claim against Deputy Administra tor Moore is DISMISSED without prejudice; 4. Defendants, their agents, servants, employees, and officers, and all other persons in active concert or participation with them and who receive actual notice of this preliminary injunction, by personal service or otherwise, are hereby IMMEDIATELY ENJOINED AND RESTRAINED, pending the final determination of this action, from imposing 23-hour disciplinary isolation on juveniles at the Broome County Jail; 5. Defendants shall IMMEDIATELY only lock j uveniles in their cells for disciplinary purposes if the juvenile poses an immediate threat to the safety or security of the facility and only after less restrictive measures have been employed and found inadequate to address the particular threat at issue; 6. Under no circumstances shall a juvenile be locked in their cell for greater than four hours for disciplinary purposes; 7. If a juvenile remains an immediate threat to the safety and security of the facility after four hours, a psyc hiatrist shall be consulted and a plan put in place to ensure the juvenile's safe return to the general juvenile population; 8. Defendants shall IMMEDIATELY ensure all juveniles have access to at least three hours of educational instruction ea ch day as well as any IDEA-mandated special education and related services; and 9. If a juvenile with a mental health or intellectual disability will potentially lose access to the benefits, services, and programs offered at the facility as a resu lt of the disciplinary process, defendants shall ensure mental health staff will perform an individualized assessment of the juvenile as soon as possible. This assessment shall at minimum include: (a) a review of the individual's mental heal th needs; (b) a determination regarding whether any reasonable modifications can be made to eliminate future risk; (c) a determination regarding whether the individual with a disability continues to pose a risk; and (d) whether placement in segregation is medically appropriate. Signed by Judge David N. Hurd on 4/4/18. (alh, )
|
|
Filing
53
ORDER: ORDERED that: (1) The action against the School District is DISMISSED except for the following; (2) the attorneys' fee issue between the plaintiffs and School District remains to be resolved; (3) plaintiffs and the School District sha ll settle the attorneys' fee issue on or before March 9, 2018 and notify the Court of the results; (4) In the event that no settlement is reached, plaintiffs shall file an application for attorneys' fees on or before March 23, 2018; (5) th e School District shall answer the application on or before April 6, 2018; (6) plaintiffs may file a reply on or before April 13, 2018; and (7) the decision regarding attorneys' fees shall be binding upon the plaintiffs and the School District. Signed by Judge David N. Hurd on 2/9/18. (alh, )
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
