On August 16, 2024, United States Magistrate Judge Robert W. Lehrburger granted in its entirety ECBAWM’s motion for reconsideration in Betances v. Fischer, a suit brought on behalf of a class of over 3000 individuals who were unconstitutionally administratively sentenced to terms of post-release supervision (“PRS”) by New York State corrections and parole officials.

Early this year, the Court decertified the Plaintiff Class and called off a planned damages trial. ECBAWM then moved for reconsideration, urging the Court to keep the Plaintiff Class certified and to proceed with a trial to determine the Plaintiff Class’s general damages for lost liberty.

On August 16, the Court granted ECBAWM’s motion for reconsideration, noting that it “agree[ed] that the decision to decertify the class was premature.” Now, as a result of this important victory in a case that has been pending for over a decade, the Plaintiff Class will remain certified and a trial will be scheduled to determine general damages for loss of liberty.

ECBAWM attorneys Matthew D. Brinckerhoff and Nick Bourland represent the Betances Plaintiffs.