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V.W. v. Eugene Conway

United States District Court, N.D. New York

June 28, 2017

V.W., a minor, by and through his parent and natural guardian DERECK WILLIAMS, R.C., a minor, by and through his parent and natural guardian SANDRA CHAMBERS, C.I., a minor, by and through his parent and natural guardian VERTELL PENDARVIS, M.R., a minor, by and through his parent and natural guardian KAREN RAYMOND, F.K., a minor, by and through his parent and natural guardian KASHINDE KABAGWIRA, and J.P., a minor, by and through his parent and natural guardian ALISSA QUIONES, Plaintiffs,
v.
EUGENE CONWAY, Onondaga County Sheriff in his official capacity, ESTEBAN GONZALEZ, Chief Custody Deputy of the Onondaga County Justice Center, in his official capacity, KEVIN M. BRISSON, Assistant Chief Custody Deputy, in his official capacity, and SYRACUSE CITY SCHOOL DISTRICT, Defendants.

         APPEARANCES:

          NEW YORK CIVIL LIBERTIES UNION Attorneys for Plaintiffs

          LEGAL SERVICES OF CENTRAL NEW YORK Attorneys for Plaintiffs

          SANFORD, HEISLER LLP Attorneys for Plaintiffs

          ONONDAGA COUNTY DEPARTMENT OF LAW Attorneys for defendants Eugene Conway, Esteban Gonzalez, and Kevin M. Brisson John H. Mulroy Civic Center

          BOND, SCHOENECK LAW FIRM Attorneys for defendant Syracuse City School District One Lincoln Center

          HON. RICHARD S. HARTUNIAN United States Attorney for the Northern District of New York

          UNITED STATES DEPARTMENT OF JUSTICE Civil Rights Division, Special Litigation Section 950 Pennsylvania Avenue, NW

          NAACP - CNY CHAPTER LEGAL COMMITTEE Attorneys for Amici Curiae

         OF COUNSEL:

          CHRISTOPHER T. DUNN, ESQ., MARIKO HI ROSE, ESQ., PHILIP L. DESGRANGES, ESQ., AADHITHI PADMANABHAN, ESQ., MARIANA L. KOVEL, ESQ., JOSHUA T. COTTER, ESQ., SAMUEL C. YOUNG, ESQ., SUSAN M. YOUNG, ESQ. AIMEE KRAUSE STEWART, ESQ., CAROL L. RHINEHART, ESQ., JONATHAN B. FELLOWS, ESQ. JOHN D. HOGGAN, JR., ESQ. Ass't United States Attorney KYLE SMIDDIE, ESQ. ATTICUS LEE, ESQ. LANESSA L. OWENS, ESQ.

          ORDER

          DAVID N. HURD, United States District Judge

         On September 21, 2016, the named plaintiffs commenced this action seeking relief on behalf of themselves and a putative class of fellow 16- and 17-year-olds being detained at the Onondaga County Justice Center (the "Justice Center") by defendants Onondaga County Sheriff Eugene Conway, Chief Custody Deputy Esteban Gonzalez, and Assistant Chief Custody Deputy Kevin Brisson (the "Onondaga County defendants"). According to plaintiffs, declaratory and injunctive relief was necessary to end the Onondaga County defendants' routine practice of imposing solitary confinement on juveniles being held at the Justice Center. Plaintiffs also sought relief against the Syracuse City School District (the "School District"), which had contracted with the Justice Center to provide educational services to incarcerated juveniles. On that score, plaintiffs alleged that the School District denied juveniles in solitary confinement the minimum educational instruction required by law.

         In a Memorandum-Decision & Order issued on February 22, 2017, plaintiffs' motions for class certification and for a preliminary injunction were granted while the School District's motion for summary judgment was denied. V.W. by & through ...


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