Disability Rights N.Y. v. N.Y.S. Dep't of Corr. & Cmty. Supervision

Court Only Partly Dismisses Claims Under Protection, Advocacy Acts as to Certain Inmates

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

DECISION and ORDER Currently before the Court, in this civil rights action filed by Disability Rights New York (“Plaintiff”) against the New York State Department of Corrections and Community Supervision (“DOCCS”) and its Acting Commissioner, Anthony Annucci (collectively, “Defendants”), are the following two motions: (1) Defendants’ second motion for summary judgment; and (2) Plaintiff’s motion for reconsideration of the Court’s Decision and Order of September 24, 2019 (the “prior Decision and Order”). (Dkt. Nos. 59, 60.) For the reasons set forth below, Plaintiff’s motion for reconsideration is granted in part and denied in part, and Defendants’ second motion for summary judgment is granted in part and denied in part. I. RELEVANT BACKGROUND A. Plaintiff’s Claims Surviving the Court’s Prior Decision and Order Generally, liberally construed, Plaintiff’s Complaint alleges as follows. (Dkt. No. 1 [Plf.'s Compl.].) Plaintiff is the federally designated Protection and Advocacy system (“P&A system”) in the State of New York and possesses the right to access certain records pursuant to a number of federal statutes. (Id. at 1.) These rights are intended to further Plaintiff’s following activities: (1) investigating incidents of abuse and neglect of individuals with disabilities; (2) pursuing administrative, legal, and other appropriate remedies on behalf of those individuals; and (3) providing information and referrals related to programs and services addressing the needs of persons with disabilities. (Id. at 13.) Relying on this statutory authority, Plaintiff has made numerous requests for records from DOCCS, and has provided DOCCS a reasonable time frame in which to respond. (Id. at

Disability Rights N.Y. v. N.Y.S. Dep't of Corr. & Cmty. Supervision

Court Only Partly Dismisses Claims Under Protection, Advocacy Acts as to Certain Inmates

Share with Email

Thank you for sharing!

Trending Stories

More From ALM

Subscribe to New York Law Journal