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 - overiding usual absolute immunity from suit.
Now cited more than 150 times as the dividing line where a public prosecutor’s shield from liability for civil wrongs is eroded by from abuse of official power.
Prosecutory immunity. News articles violations of family rights regarding 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. National Lawyers Guild, Feb. 1995, news article
FEDERAL CIVIL RIGHTS LITIGATION
DANIEL H. -9-11-2001 -
7 years of Reform of NYC Foster Care System Civil rights Violations.
DANIEL H. EX REL. HARDAWAY H. v. CITY OF NEW YORK, (S.D.N.Y. 2000)
115 F. Supp.2d 423 Also Reported on Front Page of New York Times May 4, 2000.
DANIEL H., infant, his father, HARDAWAY H., and on behalf of all others similarly situated,
Plaintiffs, v. CITY OF NEW YORK et al. No. 96 Civ. 1605(VM).
United States District Court, S.D. New York. September 27, 2000. Father and son successfully survived defendants’ Summary Judgment motion against plaintiff’s procedural due process claims. Child’s right "to have his father notified of his whereabouts" and father’s right to be notified his son was placed in foster care and the subject of a child abuse and neglect proceeding so that "he could attend court, visit with or obtain the return of his child, or protect him from the physical and psychological injuries the infant suffered while in foster care." depriving father and son to their liberty interest to each other, without following constitutionally adequate procedures."
During first jury selection multiple defendants settled with plaintiff’s, remaining defendant’s were tried before a jury impaneled at 9am with and trial ongoing in downtown Manhattan a few blocks from the World Trade Center on 9-11-01 when struck resulting in mistrial.
New York Times, front page, major article on reforming New York City foster care system.
Daniel H. v. City of New York, 115 F.Supp.2d 423, Judge Victor Marrero, USDJ, SDNY
Denying summary judgment as to procedural due process claim permitting trial of the deprivation of father and son’s reciprocal rights.
After settlement with defendants on first verdict, 9-11 terror events occurring on the second jury and third jury trial which returned a negative verdict.
Outcome: Federal Damage Claim
Description: VEGA V. FOX U.S. DISTRICT COURT, S.D.N.Y. Civil Rights, Negligence, New York Law Journal March 1, 2006 Judge Scheindlin 3/1/06 NYLJ Decision of the Day 26 page decision USDC, SDNY requiring City and Psychiatric facility to defendant individual, and supervisory liability under 42 USC 1983 for injuries at group home facility. A Privately operated residential care center was funded through Medicaid per diem payments, New York State Education Department reimbursements and grants from the New York State Office of Mental Health. The mentally disabled plaintiff, placed in foster care at the center's Young Adult Supportive Living Program (YASL), had received permission to reside in the YASL after his 18th birthday. At a meeting attended by YASL residents and staff, plaintiff's arm was severely broken in a fight with another YASL resident. No staff member or other center employee intervened to stop the fight. The court denied motions by the center and caseworkers to dismiss plaintiff's negligence action. Applying the standard of Brentwood Academy v. Tennessee Secondary School Athletic Association and its progeny, it found that despite the absence of direct state control, there was an issue whether the center and its employees could be considered "state actors" who acted under color of law. Case subsequently settled before Trial with all defendants contributing compensation and attorneys fees.
VEGA V. FOX U.S.D.C, S.D.N.Y. Civil Rights, Negligence, Reported in New York Law Journal March 1, 2006 Judge Scheindlin 3/1/06 NYLJ Decision of the Day 26 page decision requiring City and Psychiatric facility to defendant individual, and supervisory liability under 42 USC 1983 for injuries at group home facility. Upheld State Action against Private residential care center funded through Medicaid per diem payments, NY Education Dept reimbursements and grants from the New York State Office of Mental Health. - The mentally disabled plaintiff, placed in foster care at the center's Young Adult Supportive Living Program (YASL), had received permission to reside in the YASL after his 18th birthday. At a meeting attended by YASL residents and staff, plaintiff's arm was severely broken in a fight with another YASL resident. No staff member or other center employee intervened to stop the fight. The court denied motions by the center and caseworkers to dismiss plaintiff's negligence action. Applying the standard of Brentwood Academy v. Tennessee Secondary School Athletic Association and its progeny, it found that despite the absence of direct state control, there was an issue whether the center and its employees could be considered "state actors" who acted under color of law. Case subsequently settled before Trial with all defendants contributing compensation and attorneys fees
Vega v. Fox, 3/1/06, Judge Scheindlin, USDC, SDNY.
Decision selected by New York Law Journal as a noted Decision that permitted prosecution of a civil rights against a child care agency and the City for their improper supervision of children 18 to 21 aging out of foster care resulting in serious physical injuries..
SUNDBYE v. OGUNLEYE, 3 F.Supp2d 254 (1998); (E.D.N.Y. 1998)No. 93-CV-1785 (JG).
February 3, 1998. Mother, whose rights were violated by child care caseworkers succeeded in establishing liability for her injuries. Case ultimately settled with compensations for damages paid by defendants with attorneys fees. Sundbye brought 42 U.S.C. § 1983, action against defendants interference with her parental rights in violation of her First, Fifth, Sixth and Fourteenth Amendment rights, contending (1) defendants maliciously prosecuted her for complaining about the conduct of a New York City Child Welfare Administration caseworker, Patrick Ogunleye; (2) Ogunleye deprived her of her substantive due process rights by coercing her into signing a statement, which allegedly relinquished her custodial rights, and by making sexually harassing comments; and (3) defendants violated her procedural due process rights by removing her daughter from her custody without a hearing and in violation of New York State law. Plaintiff seeks compensatory and punitive damages and attorneys' fees. Plaintiff successfully opposed Defendants summary judgment motion and then settled before trial.
Doe, Roe and Zoe v. Little Flower Children=s Services. Three separate civil rights actions. 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
Doe and Roe v. Episcopal Social Services. 2 infants= claims- substantial recovery of structured settlement from sexual abuse by biological son of foster parent in foster care against private child care agency and City of New York for systemic failures to protect children in foster care. USDC, SDNY
Pavone v. Gibbs. Damages action Right to bring damages on behalf of parent and child for illegal removal into foster care USDC, EDNY
Alicia P.s. City of New York. AFailure to protect@ recovery of damages for teen age girl=s sexual abuse in foster care by her social worker. Supreme Court, New York County.
Doe and Roe v. Episcopal Social Services. Two individual infants= claims and substantial recovery for sexual abuse by biological son of foster parent in foster care against private child care agency and City of New York for systemic failures to protect children in foster care. USDC, SDNY
Devoe v. City of New York Recovery of damages for due process violations for having removed children and not promptly filed charges. USDC, SDNY.
Smith v. City of New York Recovery of damages for due process violations for having taken voluntary placement agreement from mother with coercive measures and then failing to promptly file proceedings in court for required judicial review. USDC, SDNY
Daniel H. / Israel v. City / Jason Rudy C. Vs. City 3 separate civil rights actions for damages and reform of NYC foster care system on behalf of parents not charged with any wrong doing who
ACS failed to notify when they took their children into foster care. Daniel H. Decision by Judge Stein, USDC, SDNY permitting discovery on city policies and practices and reform by city of policy when plaintiff=s prevail. Decision by Magistrate Francis regarding admissability of plaintiffs= social work expert opinion USDC, SDNY., decision Judge Marero denying summary judgement. Recovery of $130,000, $130,000, and $275,000.
Alonso v. City of New York Damages for child burned in foster care.
New York Times, article of case where father sued for his child being burned in foster care.
