disabilities

Subscribe to disabilities via RSS

To signal the official launch of Proskauer’s 2024 Election Protection efforts, Proskauer hosted a panel presentation on voting rights.

With a presidential election coming up this fall, protecting the right to vote has never been more important. Proskauer’s panel event highlighted numerous present threats to American democracy, including voter suppression…

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.

Proskauer serves as outside counsel to a coalition of nine nonprofit organizations—led by Justice in Aging—supporting dozens of states and organizations in their efforts to stay the implementation of the U.S. Department of Homeland Security’s final rule establishing a new test for determining whether an immigrant will be a “public charge,” and thus should be denied entry into the United States. In filing this amici brief, Proskauer aims to help Justice in Aging and the coalition in their efforts to protect elderly immigrants.

We filed an amici brief in six federal court litigations:  three pending in the U.S. District Court for the Northern District of California, two pending in the U.S. District Court for the Southern District of New York, and one pending in the U.S. District Court for the Eastern District of Washington.  The plaintiffs in each of these cases assert a variety of claims, including that the Final Rule violates the Administrative Procedure Act because it is contrary to the statutory scheme and is arbitrary and capricious, violates the Equal Protection Clause, and violates the Rehabilitation Act.

A team of pro bono attorneys at Proskauer recently celebrated a significant step forward in their fight for safe and healthy housing for the more than 400,000 New Yorkers who live in apartments operated by the New York City Housing Authority (“NYCHA”), the largest public housing authority in the country.  Federal Judge William Pauley in the Southern District of New York entered an order requiring NYCHA to implement enhanced procedures to ensure the effective and timely remediation of mold and excessive moisture.  The order also creates independent oversight to ensure NYCHA’s compliance with these obligations.

The Court’s decision provides relief for a class of public housing tenants who suffer from asthma exacerbated by mold and water leaks.  As NYCHA has reported, 150,000 NYCHA residents, including 35,000 children under the age of 15, live in developments located in “asthma hotspots” that generate the highest rates of asthma-related emergency room visits in New York City.

On October 22nd, Proskauer associates Dan Nelson and Jin Joo received the New York City Bar Justice Center’s 2018 Jeremy G. Epstein Award for Pro Bono Service.  Since November 2017, Dan and Jin have coordinated Proskauer’s involvement in the Justice Center’s Veterans Assistance Project (VAP).  These two are no strangers to public service.  In addition to their current pro bono work, they both previously served with distinction in the military.  Dan served in the U.S. Army infantry from 2000 to 2008, during which time he deployed to Iraq and Afghanistan; and Jin served in the U.S. Air Force as a communications officer for four years, and was deployed to Iraq in 2005.

Through VAP we provide veterans with legal assistance on claims for compensation from the U.S. Department of Veterans Affairs (VA). The veterans we assist have disabilities arising from injuries sustained during their time in service, and are of limited means. These pro bono matters are important and impactful. At the firm, these are among the most popular cases to take, due to the challenging and fulfilling nature of the work.  Proskauer’s involvement in VAP has grown rapidly thanks in large part to a successful partnership with Bloomberg L.P.’s legal department.  We have represented a total of 45 veteran clients thus far with the help of approximately 30 Bloomberg and 70 Proskauer lawyers, paralegals and staff.