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16-1150 - V.W. et al v. Conway et al

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16-1150 - V.W. et al v. Conway et al
February 22, 2017
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MEMORANDUM-DECISION AND ORDER: ORDERED that 1. Plaintiffs' motion for class certification is GRANTED (Dkt. No. 5); 2. Defendant Syracuse City School District's motion for summary judgment is DENIED (Dkt. No. 28; 3. Plaintiffs' motion for a preliminary injunction is GRANTED (Dkt. No. 46; 4. The Onondaga County defendants, their agents, servants, employees, and officers, and all other persons in active concert or participation with them and who receive actual notice of this preliminary injunction, by personal service or otherwise, are hereby IMMEDIATELY ENJOINED AND RESTRAINED, pending the final determination of this action, from imposing 23-hour disciplinary isolation on juveniles at the Justice Center; 5. The Onondaga County defendants and the School District shall IMMEDIATELY afford all eligible juveniles the educational instruction to which they are entitled under NewYork State's laws and regulations; 6. The Onondaga County defendants and the School District shall IMMEDIATELY afford all juveniles with qualifying disabilities under the IDEA with the special education services and other procedural protections to which they are entitled; and 7. Discipline imposed on juveniles by the Onondaga County defendants must include meaningful social interaction with others, including other juveniles, and no discipline may be imposed that directly harms a juvenile's psychological condition. Signed by Judge David N. Hurd on 2/22/17. (alh, )
June 28, 2017
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ORDER: ORDERED that; 1. The proposed settlement agreement is preliminarily approved subject to further consideration at a Settlement Fairness Hearing; 2. The form of the Notice to the Class of the Settlement Agreement (the "Notice") is approved for distribution; 3. The Notice shall be distributed by the Onondaga County defendants on or before Friday, July 7, 2017 as follows: (a) copies shall be posted, and shall remained posted for forty-five days, in English and Spanish in prominent and visible locations accessible to all juvenile inmates on a daily basis, and (b) copies shall be delivered to every juvenile housed in the Justice Center during the forty-five day Notice period; 4. Defendants shall maintain, for a period of forty-five days, at least two copies of the proposed settlement agreement for review by juveniles in any unit where juveniles are housed; 5. The Onondaga County defendants shall file and serve on plaintiffs' counsel a declaration on or before Monday, July 10, 2017, affirming that these Notice requirements have been met; 6. Any class member shall have the right to submit a written objection to the Court in accordance with the Notice's terms; 7. Any such objection must be postmarked on or before Monday, August 21, 2017; 8. Any class member who does not timely make his or her objection in writing must do so in person at the Fairness Hearing; 9. Any class member who fails to object in writing or at the Fairness Hearing shall be deemed to have waived any such opportunity and shall forever be foreclosed from objecting to the proposed settlement agreement; and 10. A Fairness Hearing shall be held on Monday, August 28, 2017, at 11:00 a.m. in Utica, New York, at which time the Court will determine whether the Settlement Agreement should be given final approval as fair, reasonable, and adequate. Signed by Judge David N. Hurd on 6/28/17. (alh, )
August 28, 2017
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