Article

ECBAWM Represents Family in their Civil Rights Lawsuit Against Federal Correctional Officers Who Took Jamel Floyd’s Life

On June 3, 2020, Jamel Floyd died at the hands of federal correctional officers at the Federal Bureau of Prisons’ (“BOP”) troubled Brooklyn jail facility, the Metropolitan Detention Center (“MDC Brooklyn”). On behalf of Mr. Floyd’s mother, Donna Mays, and Mr. Floyd’s extended family, Emery Celli Brinckerhoff Abady Ward & Maazel LLP has filed a civil rights lawsuit against the United States and the BOP correctional officers who caused Mr. Floyd’s tragic, untimely death.

Mr. Floyd was housed in solitary confinement at the MDC Brooklyn last June when he began to experience a medical or mental health crisis. Instead of using non-violent measures to assist Mr. Floyd, dozens of BOP correctional officers descended on Mr. Floyd’s cell armed with riot shields and pepper spray. After Mr. Floyd followed the correctional officers’ orders, the officers repeatedly doused Mr. Floyd with pepper spray while he was locked alone in his cell, causing him to immediately collapse and go into cardiac arrest.

When BOP correctional officers opened the cell door, they found Mr. Floyd on the ground, unresponsive and with his heart failing. Not a single BOP correctional officer or staff member attempted to help Mr. Floyd, even though a health technician was present in the unit and every correctional officer on the scene was trained in CPR. Rather, the officers tackled Mr. Floyd and kept him pinned to the ground for several minutes. Even after an officer announced that he could not find Mr. Floyd’s pulse, the officers kept him pinned and then dragged him out of his cell. Finally, the officers strapped Mr. Floyd’s incapacitated body to a restraint chair—a device designed to restrain violent, out-of-control individuals. Mr. Floyd never recovered. He was pronounced dead upon his arrival at a nearby hospital.

Over the past year, Mr. Floyd’s family has joined Brooklyn community organizers and activists in holding demonstrations and vigils outside of the Brooklyn MDC, where they have demanded transparency, accountability, and justice for Mr. Floyd’s death. In response, the BOP has ignored Mr. Floyd’s family and refused to provide them access to his prison medical and administrative records—files the agency later turned over to Mr. Floyd’s family only after ECBAWM filed a Freedom of Information Act lawsuit in federal court in November 2020.

“Jamel Floyd’s death was not an accident, it was the direct result of a group of correctional officers’ decision to respond to Jamel’s distress with brutal force, and then stand idly by while Jamel lay dying,” said Nick Bourland, an ECBAWM attorney representing the plaintiff. “Law enforcement officers—whether they patrol our neighborhoods or the halls of a federal jail facility—must be held accountable for their actions.”

Mr. Floyd’s family, including the plaintiff in this suit, his mother, Donna Mays, are represented by ECBAWM attorneys Katherine Rosenfeld and Nick Bourland.

Press
“Family of inmate who died after being pepper sprayed in Brooklyn federal prison sues,” CNN
“Family of MDC inmate claims jail guards did nothing as he ‘slowly died,’” New York Post
“Family of man who died at Brooklyn jail in June 2020 sues federal lockup,” New York Daily News
“Metropolitan Detention Center corrections officers ignored Hempstead man’s pleas for help, suit alleges,” Newsday (Long Island)
“After His 2020 Death in a New York Jail Cell, Jamel Floyd’s Family File Lawsuit Against Bureau of Prisons,” Time

Article

ECBAWM Attorneys Reach Settlement in Disability Discrimination Lawsuit Brought Against Developer, Architect, and Interior Designer

ECBAWM attorneys Diane L. Houk and Nick Bourland negotiated a settlement agreement for their client the Fair Housing Justice Center (“FHJC”) to resolve a housing discrimination lawsuit brought against a developer, architect, and interior designer for their alleged failure to design and construct four multifamily apartment buildings in New York City in compliance with accessibility requirements of the Fair Housing Act.

Under the terms of the settlement, the Rabsky Group defendants will retrofit common areas and nearly 500 rental units at the Halo LIC development in Long Island City, Queens, and The Driggs development in Williamsburg, Brooklyn. In addition, the Rabsky Group will build at least 85 new ultra-accessible apartments in accordance with the Uniform Federal Accessibility Standards (“UFAS”) and in addition to any UFAS units the developer is already required to build under federal, state, or local law.  This unique provision guarantees enhanced accessibility at future Rabsky Group developments in New York City.

The settlement also includes $950,000 in damages and attorneys’ fees to FHJC, including $300,000 to the Adele Friedman Housing Accessibility Fund, which provides financial assistance to low and moderate income persons with disabilities seeking to modify their homes to increase physical accessibility.

Article

Time Magazine Publishes Profile of Jamel Floyd Family

Time magazine has published an in-depth profile of the family of Jamel Floyd in the aftermath of his death. Mr. Floyd died on June 3, 2020 at the Metropolitan Detention Center in Brooklyn, after Federal Bureau of Prisons corrections officers pepper-sprayed him and subjected him to excessive force. ECBAWM partner Katie Rosenfeld and associate Nick Bourland represent Jamel’s family in an investigation into his death.

The complete article by Time reporter Sanya Mansoor is accompanied by a photo essay by Yuki Iwamura of Jamel’s wake, funeral, and internment.

Article

Federal Judge Extends Voter Registration Deadline In Arizona

Voting Rights Advocates Celebrate Victory Which Will Allow Thousands More to Register In Advance of the November 2020 Election

In response to a voting rights lawsuit, a federal judge in Arizona issued an order on October 5 extending the voter registration deadline in the state to October 23, given the impact of the COVID-19 pandemic on voter registration.

“[A] core tenet of democracy is to be ruled by a government that represents the population,” U.S. District Judge Steven P. Logan wrote in his decision. “Due to COVID-19, a portion of the population is prevented from registering to vote, and thus the integrity of the election is undermined in a different way; that portion is going unrepresented. Extending the deadline would give more time for those voters to register and let their voices be heard through the democratic process.”

ECBAWM LLP, together with Free Speech for People and Osborn Maledon P.A., represent Mi Familia Vota, the Arizona Coalition for Change, and an individual voter registration organizer who filed the lawsuit on September 30, seeking a court order extending the October 5 voter registration cutoff.

“This is a huge victory for democracy,” says Flavio Bravo of Mi Familia Vota. “With this court-ordered relief, thousands more voters will be able to register to vote in the midst of this pandemic and will be able to participate in the November 2020 election.”

This year, organizations that register citizens to vote were effectively prevented from registering voters from March 30, 2020, when Arizona imposed a stay-at-home order and other restrictions on day-to-day interactions in order to mitigate the effects of the pandemic, to the middle of August when those restrictions were lifted. As a result, new voter registration has been far lower than in previous years.

With the lifting of the state’s restrictions, plaintiffs have recently pivoted their operations to adapt to the pandemic, registering thousands of Arizona voters. Yet Arizona’s voter registration deadline—earlier than most states, threatened to prematurely halt those efforts.

“This ruling is a vindication of the fundamental right to vote,” says Reginald Bolding of the Arizona Coalition for Change. “Court intervention here was necessary to address the impact of the pandemic on voter registration. Thanks to this ruling, many more voters will have their voices heard in this election.”

ECBAWM attorneys Jonathan S. Abady, Matthew D. Brinckerhoff, Zoe Salzman, and Nick Bourland represent the plaintiffs, together with Free Speech For People and Osborn Maledon P.A.

Article

ECBAWM Represents Jamel Floyd’s Family in Investigation Into Mr. Floyd’s Senseless Death at the MDC

ECBAWM is representing Donna Mays, the mother of Jamel Floyd, and their family, in an investigation into the tragic, untimely death of Mr. Floyd, who died on June 3, 2020 while incarcerated at the Metropolitan Detention Center (“MDC”) in Brooklyn, a prison operated by the United States Department of Justice Federal Bureau of Prisons (“BOP”). Mr. Floyd, a 35-year old Black man, was eligible for parole in only three months and had planned to rejoin his family in Hempstead, Long Island. According to initial reports, on June 3, Mr. Floyd—who was asthmatic—was pepper-sprayed by correction officers while he was locked in his cell, subjected to force, placed in restraints, and removed from his cell, at which point he was found to be unresponsive. He was then taken to a local hospital, where he was pronounced dead. The DOJ and FBI are both investigating Mr. Floyd’s death.

Mr. Floyd’s family has led the call for justice and accountability at protests outside the MDC, demanding answers about the violence and force that caused Jamel’s death. Mr. Floyd’s death has sparked outrage throughout New York City and beyond as millions of individuals continue to protest the deaths of African American people resulting from excessive force at the hands of law enforcement officers.

Read coverage of Mr. Floyd’s death in the New York Daily News and Newsweek.

Information regarding ECBAWM’s current class action litigation challenging conditions of confinement at MDC can be found here.

ECBAWM Attorneys Katherine Rosenfeld, Earl S. Ward, and Nick Bourland represent Ms. Mays and the family of Jamel Floyd.

Article

Trump Family’s Effort to Compel Arbitration of Fraud Case Denied

On April 8, 2020, a federal court denied the attempt of Donald Trump, his immediate family, and The Trump Corporation to compel arbitration of the fraud case pending against them in the Southern District of New York. The case, filed in the fall of 2018, alleges the Trumps defrauded investors into purchasing memberships in a multi-level marketing scheme called ACN. The Trumps had argued that the court should stay the fraud case in favor of individual arbitration based on agreements that the investors had signed with ACN. The court denied the motion on the grounds that the Trumps and ACN were never sufficiently connected such that the investors would have understood that any of their contractual obligations with ACN would correspond to obligations with the Trumps.

The investors are represented by ECBAWM attorneys Andrew G. Celli, Jonathan S. Abady, Matthew D. Brinckerhoff, O. Andrew F. Wilson, Katherine Rosenfeld, Sam Shapiro, David Berman, and Nick Bourland.

“MGM Told to Hand Over Trump’s ‘Apprentice’ Tapes in Scam Suit,” Bloomberg Quint

 

.