Legal Aid Society of NYC slaps NYS OCFS with class-action lawsuit

by Rhonda J Mangus | January 1, 2010 at 03:58 am
1458 views | 64 Recommendations | 13 comments

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NYS OCFS: "A culture of brutality."

NYS OCFS: "A culture of brutality."

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On behalf of approximately 500 youths who suffered mental and physical harm while "warehoused" in New York's juvenile prisons, the Legal Aid Society of NYC slapped NYS Office of Children and Family Services (NYS OCFS) with a class-action lawsuit naming Commissioner Gladys Carrion and 47 "John Doe" employees as Defendants.

The class-action suit was filed in federal court in Manhattan on the heels of reports from the United States Department of Justice and a state task force appointed by Governor David A. Paterson that exposed the problems of physical and mental abuse throughout the system.  The class-action lawsuit lists 8 juveniles as Plaintiffs (by initials only) to represent all those held in intake and "limited secure" facilities.

The suit seeks an injunction that would sharply limit the use of force by youth counselors and require the state to provide the youths with more treatment for mental health problems, which affect a vast majority of those in custody.

The lawyers are also seeking unspecified monetary damages from employees who, the suit alleges, abused or mistreated eight youths currently in the custody of the Office of Children and Family Services.

The employees are identified only as John Does Nos. 1 through 47 and the eight youngsters by their initials. The suit charges that at least some of the children were threatened with retaliation if they made any complaints to the workers’ superiors.

The lawsuit was filed by the Legal Aid Society of New York City, which provides legal representation to a vast majority of juveniles who end up in the state’s youth prisons. Besides the employees, the suit names Gladys Carrión, the agency’s commissioner.

“Once sent to an O.C.F.S. facility, these children find themselves far from their families, behind barbed wire,” said Tamara A. Steckler, a Legal Aid lawyer working on the lawsuit. “They need a helping hand to meet their mental health and other service needs, but instead they get the back of the hand when they are subjected to the excessive use of force or are denied mental health services.”

The state youth prisons are already operating under the threat of a federal takeover as state officials negotiate with the Department of Justice over a plan to fix the system’s worst problems: the overuse of physical force, inadequate psychological and drug abuse counseling, and substandard education.

Ms. Carrión issued new rules limiting the use of force against youths soon after she took office in 2007, and has since pushed to shut many of the prisons where violence had been a significant problem. But she has faced resistance — and sometimes sharp criticism — from public employees’ unions, which say that she has understated the risks those policies pose to workers.

A spokesman for Ms. Carrión said the agency had not yet received a copy of the lawsuit and could not comment.


In related news, this Author recently lost on Appeal an Article 78 proceeding filed in Supreme Court of the State of New York, Appellate Division, Fourth Department against Niagara County Department of Social Services and New York State Office of Child and Family Services-details of this story will follow later.

Read previous NYS OCFS coverage on NowPublic, here.

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A. Tran

Good post, Rhonda.

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Rhonda J Mangus

Thank you, Pythiian1:)!


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Amy Judd

Good story

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Rhonda J Mangus

Thank you, Amy!:)



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Dan Weaver

An excellent article. NY State OFCS needs to be thoroughly investigated by the Attorney General's Office.

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Rhonda J Mangus

Hi Dan! Thanks for stopping by and commenting. The Attorney General's Office (Andrew M. Cuomo) is legal counsel for NYS OCFS and appears to be absent from MSM on this issue. Although his office can investigate, I have found his office to be selective in investigation and prosecution. Of numerous investigations, one that comes to mind is New York State Education Department (who his office also represents), Pension Fraud -- willingly 'cutting deals' rather than holding the lawbreakers accountable.

Thanks again!

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AKA RUBEN HUGHES

To all you over zealous, very liberal minded, cyum-by-ya singing treehuggers, filing class action law suits against Carrion is one thing, making the linestaff culpable is one thing totally different! Especially, if in the performance of duties, attempting to restrain a youth. Excessive force has to be proven beyond a reasonable doubt. What Carrion and her brainiacs have done is turn facilities, into babysitting services, that grossly fail to address with severe repurcussions the assaults on staff. What am I supposed to do, get "victimized by a juvenile punk" and take it in the performance of my duties? I don't think so! The feds need to take over PERIOD,  there's too much "I want my mommy syndrome" going on. Where was the parental supervision when Johnny or Suzy was out committing serious crimes, including murder and armed robbery! Seems to be the American way, sue everybody to get money. Another crock of bullshit!!!!!!

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Beside Myself

What is going on in our OCFS facility's is comprehensible to people who do not work in them,or even close to them. It has become unexplainable on how Dangerous it has become in the last few years. But not just for the kids ,but to the staff working there Even more so. Staff are facing Violent Assaults, which are not provoked! And in most cases ,when a resident is restrained ,staff are being placed on Admin. leave ,suspended,and even brought up on CHARGES for child abuse. Try finding a job when you've be indicated for child abuse.Its like being convicted as a sex offender. Never mind the Stress of this but think about the things that come along with it !!!No money,memos ,Investigation, Things that make life extremely harder mentally and physically Most of these kids are extremely violent they don't care about anyone but themselves and welcome and provoke the violence.They don't care and enjoy the chaos they start and finish. I could go on for pages and hours trying to Explain what is going on in the facilities. The best way to get the point across to people who really don't know whats going on is to watch the movie" GREMLINS". That is what we are dealing with. And that is by no means an exaggeration!!!!! There are cameras in all the facilities now and they show the truth. But the footage is not being shown to the public and trust me people would charge there tune if they saw it. Suing OCFS because they committed a violent crime and were incarcerated !!! Unreal!!

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no where to turn

this truly makes me sick,I would love to know the financial situation of the parents involved in this lawsuit, I am sure this is a way to get money. Our Ocfs system is not perfect but there r no systems that r, SO MANY of the Ocfs workers r great with these kids. Thes parents r probably the ones that could not control their children and wanted them locked up AND HAVE PREVIOUSLY "ABUSED" these children , yes lets pass the buck then blame it on someone else. The system has failed these youth when they let them out , the system sends them back to families that most of the time live in poverty or drug using atmospheres. I would love to see how great of a job the people that complain about our system would do if they had to care for these youth. Ocfs does lack in drug and mental health needs of our youth, so why dont they let us hire the proffesssionals needed for this instead of leaving these children out in the community where they pose a danger to others and their own lives are at risk. I cant tell you how many times we hear of youth that have been released to the community are shot, killed or locked back up. The Dept of Justice needs to look AT THE COMMUNITIES THESE CHILDREN LIVE IN A LITTLE CLOSER.

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AKA RUBEN HUGHES

No way to turn, your analogy is on point! Carrion the commissioner, dosen't initiate an environment for these youth, to learn positive and pro-social development, relating to victim awareness, non-violent alternatives, avoiding gang recruitment and intimidation, and also the desire to excel in the classroom! Instead, she caters to their continued negativity and apathy, by providing them priviledges while incarcerated, that won't get them anywhere once they are released. So, the end result IS recidivism, more calloused and vicious criminality, narcissism, and a continued mentality that they are owed something by society, and they are automatically entitled to it, without doing the necessary work and sacrafice. Or they themselves become victims of the streets. THIS IS THE FORMAT FOR CREATING A SOCIOPATHIC MONSTER, LURKING IN THE WINGS FOR THE NEXT VICTIM. It could be any one of us at any time, or any of our family members as well, being the target of these punks. We recently had a 19 year old resident, (Brooklyn) who was released around the holidays, participate in the stabbing and bludgeoning death of a body building, master degreed individual, over a piece of FREAKING exercise equipment! He's facing a minimum of 20 to life. He (the resident), didn't learn a god damn thing while in state custody except how to play spades. Another innocent victim gone because of Carrion and her insanity! Go figure!!!!!!!!!!!!

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Dont Call Me

Rhonda,How does someone get in contact with you about a story and or give you additional information about stories you have written?

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Rhonda J Mangus

Dont Call Me, you can contact me at standardsandtruths@gmail.com.


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Dont Call Me

Ruben,Were any articles written on the stabbing and bludgeoning death that you could share?

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