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A.T. v. Harder

County Jail Is Enjoined From Holding Juveniles in 23-hour Disciplinary Isolation

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MEMORANDUM — DECISION and ORDERI. INTRODUCTION

*1 Named plaintiffs A.T. and B.C.1 seek declaratory and injunctive relief on behalf of themselves and a proposed class of fellow 16- and 17-year-olds (“juveniles”) who have been or will be held in some form of solitary confinement at the Broome County Correctional Facility (the “Broome County Jail” or the “Jail”).The Broome County Jail is operated by defendants Broome County Sheriff David Harder (“Sheriff Harder”), Jail Administrator Mark Smolinsky (“Administrator Smolinsky”), and Deputy Jail Administrator Kevin Moore (“Deputy Administrator Moore”) (collectively “defendants”), each of whom is sued here in their official capacity.2Plaintiffs’ first amended complaint asserts five claims. In the first and second causes of action, they assert 42 U.S.C. §1983 claims alleging defendants routinely place juveniles in solitary confinement and then deny them access to educational opportunities in violation of the Eighth and Fourteenth Amendments (the proposed “juvenile class”).In plaintiffs’ third cause of action, they assert a claim under the Individuals with Disabilities in Education Act (“IDEA”) alleging a subclass of juveniles placed in solitary confinement are being denied the special education and related support services to which they are entitled under the statute (the proposed “IDEA subclass”).

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