Firm client Darlene McDay hailed the passage on March 18, 2021 of the Humane Alternatives to Long-Term (HALT) Solitary Confinement Act after the New York State Senate voted to pass the new law. The statute limits the time a person in state prison can spend in segregated confinement and ends the use of solitary confinement on vulnerable people. Ms. McDay is the mother of Dante Taylor, a 22-year old man who died at Wende Correctional Facility on October 7, 2017, after prolonged solitary confinement and assault by staff. Since her son’s death, Ms. McDay has become a member of the HALT solitary confinement campaign and joined their efforts to advocate for the passage of the legislation.
This Bill can be read in its entirety here, and coverage on the passage of HALT Solitary Confinement Act discussing Ms. McDay’s advocacy can be found here.
Firm lawyers Katie Rosenfeld and Marissa Benavides represent Ms. McDay in this case.
Mi Familia Vota Education Fund and individual plaintiffs sued President Trump, Attorney General William Barr, and Acting Secretary of Homeland Security Chad Wolf for voter intimidation in violation of the Voting Rights Act of 1965, the Ku Klux Klan Act, and the U.S. Constitution.
The complaint alleges that the defendants’ threats to send “sheriffs” and other “law enforcement” to the polls, their encouragement of white supremacist “vigilantes” to monitor the polls, their undermining of mail-in voting, their violent suppression of public protests opposing police brutality, and their rejection of the peaceful transfer of power, collectively constitute illegal voter intimidation. A motion for preliminary injunctive relief and expedited declaratory relief was filed simultaneously with the complaint. The plaintiffs seek to enjoin defendants from continuing to intimidate voters and seek a declaration that defendants’ voter intimidation tactics are unlawful.
Media coverage of the lawsuit can be found at The Hill, Forbes, Newsweek, and Courthouse News.
ECBAWM attorneys Matthew Brinckerhoff, Jonathan S. Abady, Sam Shapiro, and Marissa Benavides represent the clients together with Free Speech for People and Mehri & Skallet, PLLC.
On February 24, 2020, ECBAWM filed a federal civil rights lawsuit on behalf of Darlene McDay and Temple McDay, the mother and grandmother of Dante Taylor, a 22-year-old man who committed suicide in Wende Correctional Facility on October 7, 2017. As detailed in the complaint, Mr. Taylor—who had a history of depression and suicide attempts—was confined in isolation for long stretches at Wende, and providers and staff ignored many glaring risk factors for his suicide in the months leading up to his death. Mr. Taylor was brutally beaten by Wende correction officers the night before he died, thrown into isolation, and denied access to a mental health care provider. Mr. Taylor’s is one of many suicides that have occurred in recent years at Wende and other facilities run by the New York State Department of Corrections and Community Supervision.
“Dante Taylor’s death at age 22 was foreseeable and preventable,” said Katie Rosenfeld, one of Mr. Taylor’s lawyers. “Dante’s family calls for an open and full investigation into the circumstances of his death, and seeks accountability for the vicious, extra-legal beating by the rogue correction officers that triggered his death.”
“We hope this lawsuit promotes public awareness of DOCCS’ failure to improve medical and mental health care for people in prison, even in the face of an epidemic of suicides by people confined in our state’s prisons, particularly people who are in solitary confinement conditions,” said Marissa Benavides, an ECBAWM associate working on the case.
ECBAWM’s Katie Rosenfeld and Marissa Benavides represent the McDay family in the suit.
“Prison guards brutally beat an inmate, his family says. Hours later, he killed himself,” Washington Post
“Family Sues Over Suicide of Inmate Behind Bars for Murder,” US News
OSU survivor Stephen Snyder-Hill was profiled by NBC News. Snyder-Hill, a prominent LGBTQ activist and a military veteran, is now advocating for sexual assault survivors in a case against The Ohio State University. The federal lawsuit alleges rape, assault, and molestation by former OSU team doctor Richard Strauss over the course of decades. The complaint to Snyder-Hill., et al. v. The Ohio State University, 18-CV-00736, is available here.
“It’s about all the sexual assault survivors that are out there that might not have a voice,” Synder-Hill said to NBC News. “This is our fight, not just my fight.”
Snyder-Hill and over 80 other survivors are represented by Ilann M. Maazel, Debra Greenberger, and Marissa Benavides of Emery Celli Brinckerhoff Abady Ward & Maazel LLP, Scott E. Smith of Scott Elliot Smith LPA, and Adele Kimmel and Alexandra Brodsky of Public Justice. More on the case is available at www.osusurvivors.com.
43 additional survivors of the ongoing sexual assault scandal at The Ohio State University (OSU) filed a new lawsuit alleging years of rape, assault, and molestation by former team doctor Richard Strauss. The lawsuit alleges that OSU’s “culture of institutional indifference to the rights and safety of its students has permitted serial sexual predators and harassers to thrive at the university for the last four decades.”
The plaintiffs in this case are represented by Ilann M. Maazel, Debra Greenberger, and Marissa Benavides of Emery Celli Brinckerhoff Abady Ward & Maazel LLP, Scott E. Smith and Brian Noethlich of Scott Elliot Smith LPA, and Adele Kimmel and Alexandra Brodsky of Public Justice. This is the second case brought by these law firms against OSU and they collectively represent over 80 survivors. More on the case is available at www.osusurvivors.com.
“With Ohio State facing latest sex abuse suit, attorney says May report ‘barely scratches the surface’,” Washington Post
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ECBAWM represents 77 survivors of sexual abuse by OSU doctor Richard Strauss. While employed by Ohio State, Dr. Strauss reportedly committed at least 47 rapes and 1,429 sexual assaults of Ohio State students, over a period of decades. Ilann M. Maazel, Debra Greenberger, and Marissa Benavides at ECBAWM are co-counseling the case with attorneys Adele Kimmel at Public Justice in Washington, D.C., and Scott Smith in Columbus, Ohio. The case is captioned Snyder-Hill, et al. v. The Ohio State University, 18-CV-00736, in federal court in Columbus.
A May 15, 2019 report reveals OSU’s complete failure to protect its students. The report found: “Despite the persistence, seriousness, and regularity of complaints” of sexual abuse from students since 1979, “no meaningful action was taken by the University to investigate the concerns until January 1996.” Even then, officials at the highest levels of the University kept Strauss as a tenured faculty member until 1998, gave him an emeritus appointment in 1998, did not inform any students that Strauss was a sexual predator, and permitted Strauss to run ads in the University newspaper about his off-campus private men’s clinic for OSU students and others
This major national news story has been covered by, among others, People, U.S. News & World Report, Fox Sports, and Yahoo! Sports.