W. et al v. Conway et al

Filing 96

ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT. Signed by Judge David N. Hurd on 8/28/2017. (ptm)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK

V.W., a minor, by and through his parent
and natural guardian DERECK WILLIAMS,
RC., a minor, by and through his parent
and natural guardian SANDRA CHAMBERS,
C.I., a minor, by and through his parent
and natural guardian VERTELL PENDARVIS,
M.R., a minor, by and through his parent and
natural guardian KAREN RAYMOND,
F.K., a minor, by and through his parent and
natural guardian KASHINDE KABAGWIRA,
and J.P., a minor, by and through his parent
and natural guardian ALISSA QUIONES,
Plaintiffs,
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9:16-CV-1150

EUGENE CONWAY, Onondaga County
Sheriff in his official capacity, ESTEBAN
GONZALEZ, Chief Custody Deputy of the
Onondaga County Justice Center, in his
official capacity, KEVIN M. BRISSON,
Assistant Chief Custody Deputy, in his
official capacity, and SYRACUSE CITY
SCHOOL DISTRICT,
Defendants.

APPEARANCES:

OF COUNSEL:

NEW YORK CIVIL LIBERTIES UNION
Attorneys for Plaintiffs
125 Broad Street, 19th Floor
New York, NY 10004

CHRISTOPHER T. DUNN, ESQ.
MARIKO HIROSE, ESQ.
PHILIP L. DESGRANGES, ESQ.
AADHITHI PADMANABHAN, ESQ.
MARIANA L. KOVEL, ESQ.

LEGAL SERVICES OF CENTRAL NEW YORK
Attorneys for Plaintiffs
221 South Warren Street, Suite 300
Syracuse, NY 13202

JOSHUA T. COTTER, ESQ.
SAMUEL C. YOUNG, ESQ.
SUSAN M. YOUNG, ESQ.

SANFORD, HEISLER LLP
Attorneys for Plaintiffs
1666 Connecticut Avenue NW, Suite 300
Washington, DC 20009

AIMEE KRAUSE STEWART, ESQ.

ONONDAGA COUNTY DEPARTMENT OF LAW
Attorneys for defendants Eugene Conway,
Esteban Gonzalez, and Kevin M. Brisson
John H. Mulroy Civic Center
421 Montgomery Street, 10th Floor
Syracuse, NY 13202

CAROLL. RHINEHART, ESQ.

BOND, SCHOENECK LAW FIRM
Attorneys for defendant Syracuse City
School District
One Lincoln Center
Syracuse, NY 13202

JONATHAN B. FELLOWS, ESQ.

HON. RICHARD S. HARTUNIAN
United States Attorney for the
Northern District of New York
445 Broadway, Room 218
Albany, NY 12207

JOHN D. HOGGAN, JR., ESQ.
Ass't United States Attorney

UNITED STATES DEPARTMENT
OF JUSTICE
Civil Rights Division, Special Litigation Section
950 Pennsylvania Avenue, NW
Washington, D.C. 20530

KYLE SMIDDIE, ESQ.
A TTICUS LEE, ESQ.

NAACP - CNY CHAPTER LEGAL COMMITTEE
Attorneys for Amici Curiae
Colvin Station, P.O. Box 397
Syracuse, NY 13205

LANESSA L. OWENS, ESQ.

DAVID N. HURD
United States District Judge
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT
On September 21, 2016, the named plaintiffs commenced this action seeking relief on
behalf of themselves and a putative class of fellow 16- and 17-year-olds being detained at
the Onondaga County Justice Center (the "Justice Center") by defendants Onondaga County
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Sheriff Eugene Conway, Chief Custody Deputy Esteban Gonzalez, and Assistant Chief
Custody Deputy Kevin Brisson (the "Onondaga County defendants"). According to plaintiffs,
declaratory and injunctive relief was necessary to end the Onondaga County defendants'
routine practice of imposing solitary confinement on juveniles being held at the Justice
Center. Plaintiffs further alleged that the Syracuse City School District (the "School District"),
which had contracted with the Justice Center to provide educational services to incarcerated
juveniles, denied juveniles in solitary confinement the minimum educational instruction
required by law.
In a Memorandum-Decision & Order issued on February 22, 2017, plaintiffs' motions
for class certification and for a preliminary injunction were granted while the School District's
motion for summary judgment was denied. V.W. by & through Williams v. Conway, -F.
Supp. 3d-, 2017 WL 696808 (N.D.N.Y. Feb. 22, 2017). Thereafter, the parties entered into
an interim settlement agreement and worked toward negotiating final terms that would
provide significant relief to members of the now-certified class and subclass.
On June 26, 2017, the parties jointly moved for preliminary approval of a final class
action settlement agreement (the "Settlement Agreement"). This joint motion was granted on
June 28, 2017 (the "June 28 Order"). At that time, the Court approved the parties' proposed
Notice to the Class of the Settlement Agreement (the "Notice") and directed the Onondaga
County defendants to distribute the Notice in accordance with the parties' proposed terms.
The June 28 Order further provided an appropriate time period in which class
members could lodge written objections to the Notice's terms. The June 28 Order also set
Monday, August 28, 2017 at 11 :00 a.m. as the date and time that a Fairness Hearing would
be conducted on the record in Utica, New York to determine whether final approval of the
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Settlement Agreement would be granted. The parties were later informed that the Fairness
Hearing would be adjourned until 2:00 p.m. to permit for a three-hour period during which any
objectors would have an opportunity to make their presence known to the Court. In
anticipation of the Fairness Hearing, the parties jointly moved for final approval of the class
action settlement by submitting a memorandum of law, supporting declaration, and proposed
order.
On August 28, 2017, at 2:00 p.m., a Fairness Hearing was conducted on the record in
Utica, New York. At that time, no class members had lodged any written objections to the
Settlement Agreement. Further, no class member or any other party was heard to object to
the Settlement Agreement either before or during the Fairness Hearing. Finally, a review of
the parties' joint motion papers as well as their attached submissions revealed that the
Settlement Agreement satisfies the requirements of the Prison Litigation Reform Act found at
18 U.S.C. § 3626(a)(1)(A).
After considering these facts, the parties' statements on the record, and the factors set
forth in Rule 23 of the Federal Rules of Civil Procedure, the Settlement Agreement is fair,
reasonable, and adequate to the class and subclass. See Wal-Mart Stores. Inc. v. Visa USA
Inc., 396 F.3d 96, 117 (2d Cir. 2005) (setting forth nine factors to be considered in assessing
the fairness of a proposed class settlement). Accordingly, the parties' joint motion for final
approval of the class action settlement will be granted.
Therefore, it is
ORDERED that
The Settlement Agreement filed by the parties on June 26, 2017 is APPROVED as
fair, reasonable, and adequate to the class of "All 16- and 17-year-olds who are now or will
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be incarcerated at the Onondaga County Justice Center" and to the subclass of "All 16- and
17-year-olds with disabilities, as defined by the Individuals With Disabilities Education Act,
who are now or will be incarcerated at the Onondaga County Justice Center, and who are in
need of special education and related services."
IT IS SO ORDERED.

Dated: August 28, 2017
Utica, New York.

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