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17-817 - A.T. et al v. Harder et al


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17-817 - A.T. et al v. Harder et al
February 9, 2018
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STIPULATION AND ORDER FOR INTERIM SETTLEMENT AGREEMENT. Signed by Judge David N. Hurd on 2/9/18. (alh, )
February 9, 2018
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ORDER: ORDERED that: (1) The action against the School District is DISMISSED except for the following; (2) the attorneys' fee issue between the plaintiffs and School District remains to be resolved; (3) plaintiffs and the School District shall settle the attorneys' fee issue on or before March 9, 2018 and notify the Court of the results; (4) In the event that no settlement is reached, plaintiffs shall file an application for attorneys' fees on or before March 23, 2018; (5) the School District shall answer the application on or before April 6, 2018; (6) plaintiffs may file a reply on or before April 13, 2018; and (7) the decision regarding attorneys' fees shall be binding upon the plaintiffs and the School District. Signed by Judge David N. Hurd on 2/9/18. (alh, )
April 4, 2018
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MEMORANDUM-DECISION AND ORDER: ORDERED that 1. Plaintiffs' 33 motion for class certification is GRANTED; 2. Plaintiffs' 45 motion for a preliminary injunction is GRANTED; 3. The official-capacity claim against Deputy Administrator Moore is DISMISSED without prejudice; 4. 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 Broome County Jail; 5. Defendants shall IMMEDIATELY only lock juveniles in their cells for disciplinary purposes if the juvenile poses an immediate threat to the safety or security of the facility and only after less restrictive measures have been employed and found inadequate to address the particular threat at issue; 6. Under no circumstances shall a juvenile be locked in their cell for greater than four hours for disciplinary purposes; 7. If a juvenile remains an immediate threat to the safety and security of the facility after four hours, a psychiatrist shall be consulted and a plan put in place to ensure the juvenile's safe return to the general juvenile population; 8. Defendants shall IMMEDIATELY ensure all juveniles have access to at least three hours of educational instruction each day as well as any IDEA-mandated special education and related services; and 9. If a juvenile with a mental health or intellectual disability will potentially lose access to the benefits, services, and programs offered at the facility as a result of the disciplinary process, defendants shall ensure mental health staff will perform an individualized assessment of the juvenile as soon as possible. This assessment shall at minimum include: (a) a review of the individual's mental health needs; (b) a determination regarding whether any reasonable modifications can be made to eliminate future risk; (c) a determination regarding whether the individual with a disability continues to pose a risk; and (d) whether placement in segregation is medically appropriate. Signed by Judge David N. Hurd on 4/4/18. (alh, )