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Matter of Amanda H. 230 A.D.2d 857; 251 A.D.2d 578 Trial and 2 Appeals. Civil Prosecution of Sexual Abuse - Child Protective Services and District Attorney Jeanine Pirro refused to prosecute. Judge Bellantoni found overwhelming evidence of child sexual abuse suspending all visitation with the father. Issues asserted at trial and appeal. Admissibility of videotaped statements of child. Recusal of trial judge, disqualification of law guardian for failure to be responsive to child. Admissibility and use of ACS unfounded reports.
Doe v Episcopal Social Services
Roe v. Epicopal Spocial Services Damages for sexual abuse foster care
-Obtained large structured settlements for recovery of damages for infants sexually abused in foster home.
--Federal decision - finding 3rd party foreseeable liability against institutional breach of objective rules to protect children.
Alisha Doe v. City of New York - Damages for sexual abuse foster care.
-Obtained damages for teenage girl sexual abuse by counselor group home.
Doe vs Little Flower Childrens Services
Roe vs Little Flower Childrens Services Zoe vs Little Flower Childrens Services -Damages for sexual abuse foster care
-Obtained large structured settlements for recovery of damages for adolescent boys due to improper supervision and sexual abuse by social worker in group home run by Catholic Archdiocese and New York City foster care. USDC, SDNY
Defending False Claims Sexual Abuse
HILL v. CITY OF NEW YORK, 45 F.3d 653 United States 2nd Circuit Court of Appeals (2nd Cir. 1995). USDC, SDNY and 2nd Circuit affirmed District Judge Sprizzo's decision authorizing plaintiff's § 1983 civil rights litigation against Manhattan District Attorney - overriding absolute immunity from suit. Cited 150 times in Federal Courts as prosecutor's made liable for damages from abuse of official power.
September 12, 2014 SMG v. SCO - Abused in Foster Care - 7 year old Child Sex Abuse in foster care - Damages Settlement with SCO Family of Services and NYC ACSbefore Magistrate Netburn in USDC, SDNY - Federal Court compensation that will provide enrichment for his life from now age 9 until 29 to make up for the damages from sexual abuse due to improper supervision and delayed trauma treatment in foster care, and failed delayed documentation.
ARE WE LEARNING FROM OUR MISTAKES?-
SMG vs. SCO and NYC ACS 14 Civ. 815 Manhattan Federal Court Judge Broderick USDJ and Magistrate Netburn - plaintiffs’ assert foster care agency SCO and ACS same systemic failures were present in Fall 2012 when 7 year old boy SMG placed in a SCO foster care by ACS was repeatedly sexually abused, where the same revolving door of multiple social workers
inconsistently saw SMG but did not establish consistent care to listen for SMG's cries out from danger; while abuse was ongoing they improperly cut off communication from his mother whose instinctual ability to protect could have stopped the harm. Once reported SCO minimized their role. 4 month delay instead of prompt Sex abuse trauma therapy. SCO gross deviation of record keeping. Instead of 5 days required entries, they delayed record entries 30 up to 54 days after the events, thereby minimizing the recorded details of their failures and prevented monitoring supervision. Foster care agency SCO Family of Services and ACS, acknowledge the sexual abuse took place in their foster home, but contested the causes of liability in the Federal lawsuit brought by SMG 's attorney Bruce A Young, Esq. 646-775-8994 BruceAYoung181
Training and Publications and News
Appellate Division - Office of Projects Development -Sexual Abuse and spoke at Fordham Law School Training-Chapter published by the Office of Project Development, Appellate Division, First Department for the Conference on Child Sexual Abuse, Representing Respondents in Child Sexual Abuse Proceedings: Pre-Trial Motions and Hearings, pages 117-145 of the Appellate Division publication.
Chair Continuing Legal Education Programs -trial simulations child sexual abuse.
News Articles on Sexual abuse
Prosecutory immunity. Videotaped evidence of child sexual abuse brought against City of New York and Manhattan District Attorney.
-New York Newsday news article, 12/8/93, Judge Sprizzo grants plaintiff's right to sue Manhattan District Attorney.
-New York Law Journal front page article on Second Circuit Court of Appeals decision removing Manhattan District Attorney absolute liability.
- Damages against DA and City for False Arrest and Malicious Prosecution of mother on fabricated sexual abuse allegations.
-National Lawyers Guild, Feb. 1995, news article regarding plaintiff's prosecution of Manhattan District Attorney overriding absolute immunity