Contact:
Gavin Kearney
New York Lawyers for the Public Interest
(212) 244-4664
gkearney@nylpi.org
Piper Hall
O’Melveny & Myers LLP
(202) 220-2055
phall@omm.com
NEW YORK, September 29, 2008 – Earlier this month, Judge Kenneth M. Karas, a federal judge in the Southern District of New York, denied each and every motion to dismiss brought by the individual state defendants in a civil rights case, West v. Whitehead, et al., Case No. 04-cv-9283 (KMK) (S.D.N.Y.).
The case was brought by advocates New York Lawyers for the Public Interest, with the assistance of the law firm O’Melveny & Myers LLP, on a pro-bono basis, to vindicate the rights of a woman with profound developmental disabilities who is alleged to have been severely abused and neglected in the Bailey Road House, a state-run home in Orange County. The complaint alleges that the plaintiff suffered years of abuse and neglect in a poorly supervised home, culminating in a beating in a bathroom, using a hanger that left welts on her body.
“The law demands more of those charged with protecting the most vulnerable in our society,” explained Judge Kenneth M. Karas is his decision. The court observed that plaintiff, who is non-verbal, sustained injuries from approximately fifty-nine incidents from 1995 through 2003. Further, Judge Karas described numerous “eye-opening allegations” of abuse and neglect, including that, in 2000, the state determined that the plaintiff had been struck by an unidentified staff member in that house resulting in two handprint-shaped bruises.
“This case illustrates what can go wrong when the state fails to have systems in place to supervise and punish employees who abuse and neglect people,” said Gavin Kearney, an attorney at NYLPI. “We urge the state to take a hard look at the manner in which employees’ performance is tracked, and take concrete steps toward greater accountability.”
“In this case we believe that numerous incidents of injury and inadequate care will establish a decade-long pattern of abuse and neglect,” explained
Michael Berengarten, of O’Melveny & Myers, an attorney for the plaintiff. “We also believe that the evidence highlights a dire need for structural change. That change must include a formal and effective system for detecting and forestalling incidents of abuse and neglect, not one that places the role of detection in the hands of those who have every incentive to conceal their actions.”
“The direct-care staff, the supervisors, and the Director-level managers of the Hudson Valley DDSO will all have to stand trial in this case for their roles in this abuse,” said
Jeff Trimarchi of O’Melveny & Myers. “We hope that this will be a wake-up call to the OMRDD that advocates are indeed watching, and that abuse and neglect of this vulnerable population can be vindicated through the legal system.”
About O’Melveny & Myers LLP
With more than 1,000 lawyers in 14 offices worldwide, O’Melveny & Myers LLP helps industry leaders across a broad array of sectors manage the complex challenges of succeeding in the global economy. We are a values-driven law firm, guided by the principles of excellence, leadership, and citizenship. Our commitment to these values is reflected in our dedication to improving access to justice through pro bono work and championing initiatives that increase the diversity of the legal profession. For more information, please visit www.omm.com.
About New York Lawyers For The Public Interest
New York Lawyers for the Public Interest is a nonprofit, civil rights law firm that strives for social justice. In partnership with member law firms, corporate law departments and other organizations, NYLPI helps underrepresented people develop legal strategies to serve their vision for themselves and their communities. For more information visit www.nylpi.org.
September 29, 2008
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