Proskauer and co-counsel Disability Rights Advocates (“DRA”), a nationwide nonprofit disability rights legal center, triumphed in a Chicago court this month, obtaining a ruling that will lead to historic accessibility improvements for the more than 65,000 people with vision difficulties who live in Chicago. The Court granted summary judgment on claims that the City of Chicago discriminated against blind and low vision pedestrians under federal disability rights laws by failing to install accessible pedestrian signals (APS) at signalized intersections. American Council of the Blind of Metropolitan Chicago, et al. v. City of Chicago, No. 1:19-cv-06322 (N.D. Ill.).
Disability Rights
Class Action Lawsuit Filed Against New York State for Failure to Provide Legally Required Mental Health Services to Medicaid-Eligible Children
By Shiva Pedram on
Proskauer, in conjunction with attorneys from Children’s Rights, Disability Rights New York, and the National Health Law Program, have filed a class action lawsuit against New York officials in response to the mental health crisis arising from New York’s failure to provide, in sufficient quantity, frequency, and…
Proskauer Secures Class Certification for Visually Impaired Chicagoans
By Nigel F. Telman & Edward Young on
Earlier this month, Proskauer – along with co-counsel Disability Rights Advocates (“DRA”), a nationwide nonprofit disability rights legal center – obtained class certification in an important litigation in the U.S. District Court for the Northern District of Illinois, brought on behalf of pedestrians with visual disabilities in the metropolitan Chicago…
Spotlight on Equal Justice Works Fellow Rita Gilles
By William C. Silverman on
During the COVID-19 pandemic, Rita Gilles, an Equal Justice Works Fellow sponsored by Bloomberg and Proskauer, has observed firsthand the heroic dedication and sacrifice of frontline workers, especially the health care staff at Mount Sinai Health System who are now dealing with another challenging winter. For those in or…
Demanding More for Our Disabled Veterans
By William G. Fassuliotis on
The New York City Bar Justice Center’s Veterans Assistance Project recently presented William Fassuliotis with their 2021 Outstanding Pro Bono Service Award. In this post, Will explains how difficult the disability claims process has become for veterans.
A recent statement by the U.S. Department of Veterans Affairs (VA) announced…
Proskauer Achieves Landmark Special Education Settlement in New Jersey State Prisons
By Russell T. Gorkin on
Proskauer recently reached a landmark agreement with the New Jersey Department of Corrections (NJDOC) and Department of Education (NJDOE) to ensure that students entitled to special education services in NJDOC custody will receive those services to which they are legally entitled under the Individuals with Disabilities Education Act (IDEA), Section 504 of the Rehabilitation Act (Section 504), and Title II of the Americans with Disabilities Act (ADA). This settlement is consistent with Proskauer’s long-standing commitment to provide legal services to some of the country’s most vulnerable communities.
Addressing Disparities in Health and Health Care during the COVID-19 Pandemic
By Wendy Dessy, Mollie Wichtel & Sophia Lam on
With the ongoing pandemic exacerbating pervading health disparity and economic inequality issues in the United States, we brought together three experts to discuss their work and the impact of COVID-19 on these important topics.
Our discussion was led by Emmy award-winning broadcast journalist and senior medical correspondent for WCBS-TV, Dr. Max Gomez. Our panelists included Rita Gilles, Dr. Kishor Malavade, and Otto Starzman. Rita Gilles is an Equal Justice Works Fellow, sponsored by Bloomberg and Proskauer at the Mount Sinai Medical Legal Partnership in collaboration with the LegalHealth division of New York Legal Assistance Group. She works to provide legal aid to low-income families of children and adolescent patients at Mount Sinai Hospital in East Harlem, addressing the social and legal determinants of poor health. Dr. Kishor Malavade is the Vice-Chair of Psychiatry and Deputy Medical Director of the Department of Population Health at Maimonides Medical Center. He leads efforts to increase access to healthcare and help individuals through community-based initiatives. Otto Starzman is the Chief Production Officer and Treasurer of the River Fund, the largest free food outlet in New York City. He works on the frontlines to serve our city’s most vulnerable populations in our poorest zip codes.
Proskauer’s Amicus Brief Challenges the Constitutionality of Massachusetts Law Mandating that Children Charged with Murder Be Tried and Sentenced as Adults
By Brooke Gottlieb & Adam L. Deming on
On November 25, 2020, Proskauer filed a motion for leave to file an amicus brief on behalf of Citizens for Juvenile Justice and the Committee for Public Counsel Services, Youth Advocacy Division in support of Raymond Concepcion, a youth with disabilities who was automatically tried as an adult, convicted of first-degree murder and sentenced to life imprisonment with the possibility of parole after 20 years. Proskauer’s brief urged the Supreme Judicial Court of Massachusetts to find that section 74 of the Youthful Offender Act is unconstitutional, reverse Raymond’s conviction and remand the case to the trial court for further proceedings.
Background
When Raymond was 15 years old, two adult gang members ordered him to shoot a stranger, promising that he could leave the gang if he complied. Out of fear, Raymond did as instructed and shot a man, killing him. Raymond has an IQ of 66 and the developmental maturity of an eight- or nine-year-old. As a younger child living in the Dominican Republic, Raymond suffered emotional distress after witnessing shootings of multiple family members. When he was 12 years old, Raymond moved to Boston, where he attended three different public schools and failed nearly all his classes. An expert testified to Raymond’s psychological, social and intellectual capacities. Nevertheless, pursuant to section 74 of the Youthful Offender Act, due to his age and alleged offense, Raymond was automatically tried in adult court, where he was automatically sentenced to life imprisonment and given an above-minimum parole eligibility date. Raymond’s youth and intellectual disability were disregarded at his indictment, trial and sentencing.