Case: United States of America v. The State of New York

1:10-cv-00858 | U.S. District Court for the Northern District of New York

Filed Date: July 14, 2010

Closed Date: 2017

Clearinghouse coding complete

Case Summary

On December 14, 2007, the Department of Justice Civil Rights Division (DOJ) began an investigation into the conditions at four Office of Children and Family Services (OCFS) facilities: Lansing Residential Center, Louis Gossett, Jr. Residential Center, Tryon Residential Center, and Tryon Girls Residential Center. The investigations were conducted pursuant to the Civil Rights of Institutionalized Persons Act and the Violent Crime Control and Law Enforcement Act of 1994. On August 14, 2009, the DO…

On December 14, 2007, the Department of Justice Civil Rights Division (DOJ) began an investigation into the conditions at four Office of Children and Family Services (OCFS) facilities: Lansing Residential Center, Louis Gossett, Jr. Residential Center, Tryon Residential Center, and Tryon Girls Residential Center. The investigations were conducted pursuant to the Civil Rights of Institutionalized Persons Act and the Violent Crime Control and Law Enforcement Act of 1994. On August 14, 2009, the DOJ published in its findings letter that the facilities had violated the due process rights of the confined youths. It also concluded that 1) staff resorted to use force disproportionate to the level of juveniles' infractions and used excessive restraints to discipline them; and 2) investigations into uses of force and restraints were inadequate and that, in many instances, OCFS failed to hold staff accountable for gross violations of policy.

On July 14, 2010, the United States filed this lawsuit in the United States District Court for the Northern District of New York to enforce a settlement agreement with the State of New York and the New York State Office of Children and Family Services under the Violent Crime Control and Law Enforcement Act of 1994. The United States sought declaratory relief and an order enjoining the defendants from continuing practices of excessive force and restraints as detailed in the findings letter and to ensure lawful conditions of confinement. The United States claimed that the harms outlined in their findings letter, specifically that the defendants failed to take reasonable measures to prevent staff from inflicting serious harm on the youths and did not provide adequate mental health care and services, violated the the Due Process Clause of the Fourteenth Amendment. This case was assigned to Senior Judge Frederick J. Scullin, Jr. and referred to Magistrate Judge David R. Homer.

On the same day, the parties also filed the settlement agreement. 2010 WL 10900167. The agreement put forth a remedial plan addressing each of the issues identified in the DOJ's original investigation. It outlined limits on use of restraints—including a prohibition on chemical restraints and psychotropic medications—and use of force in only the least amount necessary. The institutions also agreed to institute new incident reporting procedures and provide improved mental health care and treatment. A monitoring team would produce status reports approximately every six months regarding the facilities' compliance with implementing the settlement provisions. The settlement would last until the facilities achieved substantial compliance with the settlement terms for twelve consecutive months. On July 19, 2010, Judge Scullin, Jr. approved this settlement agreement.

In January 2011, the State closed Tryon Residential Center. Tryon boys were transferred to Finger Lakes Residential Center (formerly Louis Gossett, Jr. Residential Center). In August 2011, the State closed Tryon Girls Residential Center. Tryon girls were transferred to Taberg Residential Center for Girls (Taberg) and Columbia Girls Secure Center. Both parties agreed that Taberg and Columbia would be monitored under the Settlement Agreement. In August 2013, the State closed Lansing Residential Center. The girls held at Lansing were released on community supervision.

After years of monitoring and biannual status reports, the court began to dismiss the institution defendants one by one. On September 8, 2014, the court dismissed Columbia Girls Secure Center, which had maintained substantial compliance under the settlement agreement for twelve consecutive months. On December 21, 2015, the court dismissed Finger Lakes Residential Center, which had maintained substantial compliance under the settlement agreement for twelve consecutive months. And on October 20, 2017, the court dismissed Taberg Residential Center, which had maintained substantial compliance under the settlement agreement for twelve consecutive months.

Dismissing Taberg Residential Center concluded the State’s obligations under the settlement agreement. This case is now closed.

Summary Authors

Richard Jolly (11/24/2014)

Hannah Greenhouse (11/19/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4326403/parties/united-states-v-the-state-of-new-york/


Judge(s)
Attorney for Plaintiff

Abbate, Julie K. (District of Columbia)

Bagenstos, Samuel R. (District of Columbia)

Fox, Deena (District of Columbia)

Attorney for Defendant

Cuomo, Andrew M. (New York)

Documents in the Clearinghouse

Documents in this case

1:10-cv-00858

Docket [PACER]

Oct. 20, 2017

Oct. 20, 2017

Docket

Investigation of the Lansing Residential Center, Louis Gossett, Jr. Residential Center, Tryon Residential Center, and Tryon Girls Center

No Court

Aug. 14, 2009

Aug. 14, 2009

Findings Letter/Report
1

1:10-cv-00858

Complaint

July 14, 2010

July 14, 2010

Complaint
3

1:10-cv-00858

Settlement Agreement

United States of America v. The State of New York and the New York State Office of Children and Family Services

July 14, 2010

July 14, 2010

Settlement Agreement
3

1:10-cv-00858

Joint Motion to Enter Settlement Agreement

July 14, 2010

July 14, 2010

Pleading / Motion / Brief
4

1:10-cv-00858

Order Entering Settlement Agreement

July 19, 2010

July 19, 2010

Order/Opinion
5

1:10-cv-00858

Facility 
Monitoring
 Report: Lansing 
Residential
 Center

Sept. 14, 2011

Sept. 14, 2011

Monitor/Expert/Receiver Report
6

1:10-cv-00858

Facility 
Monitoring
 Report: Finger Lakes Residential Center

Dec. 10, 2011

Dec. 10, 2011

Monitor/Expert/Receiver Report
7

1:10-cv-00858

Facility 
Monitoring
 Report: Columbia Girls Secure Center

Jan. 23, 2012

Jan. 23, 2012

Monitor/Expert/Receiver Report
8

1:10-cv-00858

Facility 
Monitoring
 Report: Taberg Residential Center for Girls

April 27, 2012

April 27, 2012

Monitor/Expert/Receiver Report

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4326403/united-states-v-the-state-of-new-york/

Last updated April 8, 2025, 12:44 p.m.

ECF Number Date Description Link
1 July 14, 2010

Complaint

1 Civil Cover Sheet

View on PACER

2 Certificate of Service

View on PACER

RECAP
2 July 14, 2010

Waiver of Service Executed

RECAP
3 July 14, 2010

Motion for Miscellaneous/Other Relief

RECAP
4 July 19, 2010

ORDER ENTERING SETTLEMENT AGREEMENT: granting the # 3 Motion for Entry of the Settlement Agreement. The settlement agreement satisfies the requirements of the Prison Litigation Reform Act, 18 USC section 3626(a)(1)(A), the Court shall retain jurisd iction over this case consistent with the terms of the Settlement Agreement until the case is dismissed. The Court shall have the power to enforce the settlement agreement through all remedies that the law permits. Signed by Senior Judge Frederick J. Scullin, Jr on 7/19/2010. (jmb)

RECAP
5 Sept. 20, 2011

STATUS REPORT Lansing Residential Center by United States of America. (Lareau, Alyssa) (Entered: 09/20/2011)

PACER
6 Dec. 12, 2011

STATUS REPORT Finger Lakes Residential Center by United States of America. (Lareau, Alyssa) (Entered: 12/12/2011)

PACER
7 Jan. 24, 2012

STATUS REPORT Columbia Girls Secure Center by United States of America. (Lareau, Alyssa) (Entered: 01/24/2012)

PACER
8 May 2, 2012

STATUS REPORT Taberg Residential Center for Girls by United States of America. (Lareau, Alyssa) (Entered: 05/02/2012)

PACER
9 June 15, 2012

STATUS REPORT Lansing Residential Center by United States of America. (Lareau, Alyssa) (Entered: 06/15/2012)

PACER
10 June 15, 2012

STATUS REPORT Finger Lakes Residential Center by United States of America. (Lareau, Alyssa) (Entered: 06/15/2012)

PACER
11 Nov. 2, 2012

STATUS REPORT Columbia Girls Secure Center by United States of America. (Lareau, Alyssa) (Entered: 11/02/2012)

PACER
12 Nov. 20, 2012

STATUS REPORT Taberg Residential Center for Girls by United States of America. (Lareau, Alyssa) (Entered: 11/20/2012)

PACER
13 Jan. 16, 2013

STATUS REPORT Lansing Residential Center for Girls (Part I of III) by United States of America. (Attachments: # 1 Supplement (Part II of report), # 2 Supplement (Part III of report))(Lareau, Alyssa) (Entered: 01/16/2013)

PACER
14 Feb. 6, 2013

STATUS REPORT Finger Lakes Residential Center by United States of America. (Lareau, Alyssa) (Entered: 02/06/2013)

PACER
15 June 5, 2013

STATUS REPORT Columbia Girls Secure Center by United States of America. (Lareau, Alyssa) (Entered: 06/05/2013)

PACER
16 Sept. 19, 2013

STATUS REPORT Taberg Residential Center for Girls by United States of America. (Lareau, Alyssa) (Entered: 09/19/2013)

PACER
17 Sept. 19, 2013

STATUS REPORT Finger Lakes Residential Center by United States of America. (Lareau, Alyssa) (Entered: 09/19/2013)

PACER
18 Sept. 19, 2013

STATUS REPORT Lansing Residential Center for Girls by United States of America. (Lareau, Alyssa) (Entered: 09/19/2013)

PACER
19 Nov. 21, 2013

STATUS REPORT Columbia Girls Secure Center by United States of America. (Lareau, Alyssa) (Entered: 11/21/2013)

PACER
20 Jan. 27, 2014

STATUS REPORT Taberg Residential Center by United States of America. (Lareau, Alyssa) (Entered: 01/27/2014)

PACER
21 March 27, 2014

STATUS REPORT Finger Lakes Residential Center by United States of America. (Lareau, Alyssa) (Entered: 03/27/2014)

PACER
22 April 18, 2014

STATUS REPORT Columbia Girls Secure Center by United States of America. (Lareau, Alyssa) (Entered: 04/18/2014)

PACER
24 Sept. 8, 2014

ORDER: Granting the # 23 Joint Motion to Dismiss. It is ORDERED that the Clerk of the Court shall dismiss Columbia Girls Secure Center from the Settlement Agreement in this case. Signed by Senior Judge Frederick J. Scullin, Jr. on 9/8/2014. (nmk)

RECAP
25 Oct. 10, 2014

STATUS REPORT Finger Lakes Residential Center by United States of America. (Lareau, Alyssa) (Entered: 10/10/2014)

PACER
26 Dec. 11, 2014

STATUS REPORT Taberg Residential Center by United States of America. (Lareau, Alyssa) (Entered: 12/11/2014)

PACER
27 May 7, 2015

STATUS REPORT Finger Lakes Residential Center by United States of America. (Lareau, Alyssa) (Entered: 05/07/2015)

PACER
28 May 18, 2015

STATUS REPORT Taberg Residential Center by United States of America. (Lareau, Alyssa) (Entered: 05/18/2015)

PACER
29 June 11, 2015

STATUS REPORT Home Office for Finger Lakes and Taberg Residential Centers by United States of America. (Lareau, Alyssa) (Entered: 06/11/2015)

PACER
30 July 8, 2015

STATUS REPORT Finger Lakes Residential Center by United States of America. (Lareau, Alyssa) (Entered: 07/08/2015)

PACER
31 Aug. 27, 2015

STATUS REPORT Taberg Residential Center for Girls by United States of America. (Lareau, Alyssa) (Entered: 08/27/2015)

PACER
32 Dec. 15, 2015

Joint MOTION to Dismiss filed by United States of America. (Lareau, Alyssa) (Entered: 12/15/2015)

PACER
33 Dec. 15, 2015

Joint MOTION to Dismiss filed by United States of America. (Lareau, Alyssa) (Entered: 12/15/2015)

PACER
34 Dec. 21, 2015

ORDER: Granting the # 32 Joint Motion to Dismiss. It is ORDERED that the Clerk of the Court shall dismiss Finger Lakes Residential Center from the Settlement Agreement in this case. Signed by Senior Judge Frederick J. Scullin, Jr. on 12/21/2015. (nmk)

RECAP
35 Dec. 21, 2015

ORDER: Granting the # 33 Joint Motion to Dismiss. It is ORDERED that the Clerk of the Court shall dismiss Paragraphs 44(b)(first sentence only), 44(d), 44(e), 44(h), and 56 from the Settlement Agreement in this case. Signed by Senior Judge Frederick J. Scullin, Jr. on 12/21/2015. (nmk)

RECAP
36 April 12, 2016

STATUS REPORT Taberg Residential Center for Girls by United States of America. (Lareau, Alyssa) (Entered: 04/12/2016)

PACER
37 Oct. 26, 2016

STATUS REPORT Taberg Residential Center for Girls by United States of America. (Lareau, Alyssa) (Entered: 10/26/2016)

PACER
38 Feb. 10, 2017

NOTICE of Appearance by Deena S. Fox on behalf of United States of America (Fox, Deena) (Entered: 02/10/2017)

PACER
39 March 6, 2017

NOTICE by United States of America of Monitoring Report (Fox, Deena) (Entered: 03/06/2017)

PACER
40 Aug. 23, 2017

STATUS REPORT Taberg Residential Center by United States of America. (Fox, Deena) (Entered: 08/23/2017)

PACER
41 Oct. 16, 2017

Dismiss

RECAP
42 Oct. 20, 2017

Order on Motion to Dismiss

RECAP

Case Details

State / Territory:

New York

Case Type(s):

Juvenile Institution

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: July 14, 2010

Closing Date: 2017

Case Ongoing: No

Plaintiffs

Plaintiff Description:

United States on behalf of inmates at New York juvenile corrective institutions

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

New York State Office of Children and Family Services

The State of New York

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Civil Rights of Institutionalized Persons Act (CRIPA), 42 U.S.C. § 1997 et seq.

Violent Crime and Law Enforcement Act, 34 U.S.C. § 12601 (previously 42 U.S.C. § 14141)

Constitutional Clause(s):

Due Process

Other Dockets:

Northern District of New York 1:10-cv-00858

Available Documents:

Complaint (any)

Findings Letter/Report

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Monitor/Master

Recordkeeping

Remedial education

Reporting

Order Duration: 2010 - 2017

Issues

General/Misc.:

Conditions of confinement

Disciplinary procedures

Failure to discipline

Incident/accident reporting & investigations

Informed consent/involuntary medication

Juveniles

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by staff (facilities)

Pepper/OC spray

Restraints (chemical)

Restraints (physical)

Medical/Mental Health Care:

Medication, administration of

Mental health care, general

Policing:

Excessive force

Recommended Citation