A.T. et al v. Harder et al

Filing 75

ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT: ORDERED that 1. The Settlement Agreement filed by the parties on July 9, 2018 (Dkt. No. 74 ) is APPROVED as fair, reasonable, and adequate to the class of "All 16- and 17-year-olds w ho are now or will be incarcerated at the Broome County Correctional Facility," 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 incarcerat ed at the Broome County Correctional Facility, and who are in need of special education and related services"; and to the subclass of "All 16- and 17-year-olds with psychiatric and/or intellectual disabilities, as defined by the Americans w ith Disabilities Act and Section 504 of the Rehabilitation Act of 1973, who now or will be incarcerated at the Broome County Correctional Facility, who are at risk of being placed in disciplinary isolation because of their disability"; and 2. The parties' agreement on fees and costs (Dkt. No. 72 ) is APPROVED. Signed by Judge David N. Hurd on 12/18/18. (nas)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
---------------------------------A.T., a minor, by and through
his parent and natural guardian
Shakeema Tillman, and B.C.,
a minor, by and through Kristi
Cochardo,
Plaintiffs,
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9:17-CV-817

DAVID HARDER, Broome
County Sheriff, in his official
capacity, MARK SMOLINSKY,
Jail Administrator of the
Broome County Correctional
Facility, in his official capacity,
and KEVIN MOORE, Deputy
Administrator, in his official
capacity,
Defendants.
---------------------------------APPEARANCES:

OF COUNSEL:

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.

LEGAL SERVICES OF CENTRAL NEW YORK
Attorneys for Plaintiffs
168 Water Street
Binghamton, NY 13901

GEORGE B. HADDAD, ESQ.

BROOME COUNTY ATTORNEY'S OFFICE
Attorneys for Defendants
Broome County Office Building
60 Hawley Street, P.O. Box 1766
Binghamton, NY 13902

ROBERT G. BEHNKE, ESQ.

DAVID N. HURD
United States District Judge
ORDER GRANTING FINAL APPROVAL OF CLASS ACTION SETTLEMENT
On July 25, 2017, named plaintiffs commenced this action on behalf of themselves
and a proposed class of fellow 16- and 17-year-olds at continued risk of enduring some form
of solitary confinement at the Broome County Jail, a facility operated by defendants Broome
County Sheriff David Harder, Jail Administrator Mark Smolinsky, and Deputy Jail
Administrator Kevin Moore (the "Broome County defendants").
Plaintiffs sought declaratory and injunctive relief to end the Broome County
defendants' allegedly routine practice of imposing solitary confinement on juveniles being
held at the Jail. Plaintiffs further alleged that defendants denied juveniles in solitary
confinement access to certain educational opportunities and related special educational
support services required by federal law.
In a Memorandum–Decision & Order issued on April 4, 2018, plaintiffs' motions for
class certification and for a preliminary injunction were granted. A.T. v. Harder, 298 F. Supp.
3d 391 (N.D.N.Y. 2018). Thereafter, the parties negotiated an interim settlement agreement
and worked toward a set of final terms that would provide significant relief to members of the
now-certified class and subclasses.
On July 9, 2018, the parties jointly moved for preliminary approval of a final class
action settlement agreement (the "Settlement Agreement"). Dkt. No. 69. This joint motion
was granted on October 16, 2018 (the "October 16 Order"). Dkt. No. 71. At that time, the
Court approved the parties' proposed Notice to the Class of the Settlement Agreement (the

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"Notice") and directed the Broome County defendants to distribute the Notice in accordance
with the parties' proposed terms.
The October 16 Order provided an appropriate time period in which class members
could lodge written objections to the Notice's terms. The Order also set Tuesday, December
18, 2018 at 1:00 p.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 Settlement
Agreement should be granted.
In anticipation of the Fairness Hearing, the parties jointly moved for final approval of
the class action settlement by submitting a memorandum of law, a supporting declaration,
and a proposed order. Dkt. No. 74. In a separate f iling, the parties have also agreed to an
award of fees and costs to plaintiffs' counsel in the full amount of $75,000. Dkt. No. 72.
On December 18, 2018, at 1:00 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.1 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 and attached submissions confirm that the
Settlement Agreement satisfies the requirements of the Prison Litigation Reform
Act. See 18 U.S.C. § 3626(a)(1)(A).
After considering these facts, the parties' submissions, the 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 to the subclasses. See

1

One class member wrote to plaintiffs' counsel's office about an unrelated matter.
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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
1. The Settlement Agreement filed by the parties on July 9, 2018 (Dkt. No. 74) is
APPROVED as fair, reasonable, and adequate to the class of "All 16- and 17-year-olds who
are now or will be incarcerated at the Broome County Correctional Facility," 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 Broome County Correctional
Facility, and who are in need of special education and related services"; and to the subclass
of "All 16- and 17-year-olds with psychiatric and/or intellectual disabilities, as defined by the
Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973, who now or
will be incarcerated at the Broome County Correctional Facility, who are at risk of being
placed in disciplinary isolation because of their disability"; and
2. The parties' agreement on fees and costs (Dkt. No. 72) is APPROVED.
The Clerk of the Court is directed to terminate any pending motions and close the file.
IT IS SO ORDERED.

Dated: December 18, 2018
Utica, New York.

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