Lawsuit Claims NYS Prisons Violate Constitution by Denying Inmates Legal Counsel Access

The New York Civil Liberties Union (NYCLU) has filed a lawsuit against the Department of Corrections and Community Supervision (DOCCS) on behalf of Prisoners’ Legal Services (PLS), alleging that the agency has been denying inmates access to legal counsel since the correctional officers’ strike began.

Background

The correctional officers’ strike, which started on February 17, has led to the suspension of visitation at several DOCCS facilities, including Attica, Auburn, Franklin, Marcy, and Mid-State. The strike is ongoing, with the latest development being a deal struck between the state and the correctional officers’ union, which includes penalties for those who continue to strike after March 1.

The Lawsuit

The lawsuit alleges that PLS has been unable to communicate with its clients since the strike began, despite reports of deprivations such as lack of medical care, inadequate food, and solitary confinement. The lawsuit claims that PLS attorneys have been unable to schedule legal visits with their clients since February 18, and that the suspension of legal calls at several DOCCS facilities is indefinite.

One example cited in the lawsuit is the case of a PLS client who was allegedly assaulted by correctional staff at the Mid-State Correctional Facility. The client has a March 20 deadline for a notice of appeal in a work release challenge in state court. The lawsuit claims that PLS attorneys have been unable to have a legal call with the client to discuss his case.

The lawsuit also highlights the case of Jonathan Grant, a 61-year-old inmate who died at the Auburn Correctional Facility. The lawsuit alleges that Grant’s death was a direct result of his medical help requests being denied, despite having suffered multiple strokes, including at least one in the week prior to his death.

Constitutional Violations

The lawsuit claims that these actions violate the First and Fourteenth Amendments of the U.S. Constitution, which guarantee the right to access to legal counsel and the freedom of speech. The lawsuit is seeking a reversal of the limitations on legal access and is asking for costs and reasonable attorneys’ fees.

Conclusion

The lawsuit is a serious concern for the rights of inmates in NYS prisons, and it highlights the need for the DOCCS to take immediate action to restore access to legal counsel. The strike by correctional officers has resulted in a range of deprivations for inmates, and it is essential that the DOCCS takes steps to address these issues.

FAQs

• What is the purpose of the lawsuit?
  The lawsuit is seeking to restore access to legal counsel for inmates in NYS prisons, which has been denied since the correctional officers’ strike began.
• What are the allegations in the lawsuit?
  The lawsuit alleges that PLS has been unable to communicate with its clients, and that the DOCCS has denied access to legal counsel, in violation of the First and Fourteenth Amendments of the U.S. Constitution.
• What is the current status of the strike?
  The strike is ongoing, with the latest development being a deal struck between the state and the correctional officers’ union, which includes penalties for those who continue to strike after March 1.