14-year-old girl who was charged with Aggravated
Animal Cruelty and Burglary. Whitney B., along with a
17-year-old female friend, broke into and vandalized
an acquaintance’s apartment. While there, Whitney
B. also brutally burned the acquaintance’s pet in an
oven, resulting in the pet’s death. After pleading guilty,
Whitney B., who was already on probation on a prior
unrelated matter, was sentenced to up to 18 months
in a juvenile facility, the maximum sentence permitted
under the law for this offense.
Bringing Juvenile Prosecutors Together
The Division hosted the ?rst Statewide Management
Conference for Juvenile Delinquency Prosecutors this
year at the New York City Law Department. Citywide
managerial and supervisory-level prosecutors from all
?ve boroughs and 12 other counties met to discuss the
current state of the practice and to share ideas on how
to improve the juvenile justice system. The conference
encompassed the most compelling issues that juvenile
prosecutors are presently faced with, including gang
trends, drug and gun possession issues, and sex crimes,
as well as the State’s current approach towards juvenile
delinquents and how to in?uence policy and legislation
which can ultimately improve the practice.
GENERAL LITIGATION
Thomas Crane, Chief
Jonathan Pines, Deputy
Marilyn Richter, Deputy
The General Litigation Division defends the City and its agencies in lawsuits challenging policies and practices
concerning important programs in such varied ?elds as education, health care, public assistance bene?ts, prison
conditions, foster care and election law. Many of these cases are brought as class actions in federal court, and
present signi?cant and often novel issues of statutory and constitutional interpretation.
Addressing the Needs of Handicapped Inmates
Ending Court Oversight of Jails
Division lawyers settled a federal class action brought by
inmates claiming that various conditions at the in?rmary
facility on Rikers Island violated the constitutional and
ADA rights of disabled inmates, particularly those who
are utilizing wheelchairs or are visually impaired. In settling
the case, the City agreed to make a variety of physical
alterations to the facility, train staff in order to facilitate
access for disabled inmates, and pay modest damages
to the named plaintiffs in the case.
Inmates in City jails commenced this federal class
action in 1975, challenging virtually every aspect of
the conditions of con?nement in the City’s correctional
system. In recent years, the City has successfully moved
to terminate many of the consent decree’s provisions,
primarily on the ground that the conditions formerly
found to be unconstitutional had been remedied. Most
recently, the judge agreed to end a signi?cant part of
the consent decree concerning the provision of special
air-conditioned housing for inmates deemed susceptible
to high heat conditions.
FOIL Litigation Concerning the NYPD
Over the past year, the Division has represented the
NYPD in a number of cases brought by the New York
City Liberties Union under the New York Freedom
of Information Law (FOIL). The NYCLU has sought
information concerning a variety of police practices,
including the database recording “stop and frisk”
incidents; the race of persons shot by police of?cers in
gun?ghts or arrests; the plans for the Lower Manhattan
Security Initiative (LMSI) program being employed
to guard against terrorism in the heart of the City’s
government and commercial center; and materials
concerning transportation of students to psychiatric units
by police of?cers.
In defending these cases, the City has been called upon
to balance the interest for governmental transparency
with the special concerns of a law enforcement agency.
The lawsuits have had various outcomes. In the case of
the LMSI, we successfully defended the right to withhold
LABOR &
EMPLOYMENT LAW
Commission to Investigate 9/11 Attack
In mid-2009, various groups petitioned to place a special
referendum on the November ballot. If passed, that
referendum would have amended the City Charter to
add a local law creating an independent commission
to investigate the events of September 11. In addition
to disputing the adequacy of the number of signatures
on the petition, the City also asserted that a referendum
seeking the creation of a local commission to conduct
such an investigation was invalid as it exceeded the
proper scope and purpose of the referendum process.
The Court dismissed the case concluding, among other
matters, that jurisdiction for such an investigation properly
rests with the federal government.
Georgia Pestana, Chief
Paul Marks, Deputy
The Labor & Employment Law Division represents the City as employer of over a quarter-million workers.
The Division handles a variety of matters including First Amendment retaliation; gender, race, age and disability
discrimination; and civil service law issues. Attorneys have successfully litigated cases brought against every City
agency, as well as lawsuits brought against high-ranking City of?cials.
Settlements of Challenge
to Hospital Conditions
Defending FDNY Hiring Practices
The Division settled two federal lawsuits
challenging conditions in the psychiatric
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