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In NYC 18 Hours and 926 New Lawsuits Including Bronx Habeus for COVID Delay

By Matthew Russell Lee, Patreon
BBC - Guardian UK - Honduras - The Source

NYC COURTHOUSES, May 25 –  The filing of lawsuit was re-opened after the Coronavirus shut down on May 25 - Memorial Day - and in the first four hours here was the scorecard in the five boroughs of New York City, as compiled by Inner City Press:

Manhattan: 29 lawsuits; Bronx: 24 suits; Queens: eight new cases; Staten Island: two suits; and the leader, Brooklyn, with 44 new cases. 

By 6:30 pm, the cases filed NYC-wide were up  to 926. Manhattan had jumped to 229, Queens  to 153, Staten Island to 28,  #Brooklyn to 332 and The Bronx to 184, including this one:

"Derrick Buggs, is accused of violating the conditions of his parole, but he has been denied his right a final revocation hearing within 90 days after waiver of the preliminary hearing.

2. As of the filing of this Petition, it is now 95 days since the waiver of the preliminary hearing, yet the Department of Corrections and Community Supervision (“DOCCS”) has not afforded him a final revocation hearing. 3. The Board of Parole’s regulations governing the revocation process require mandatory detention of all people accused of violating parole. Under 9 N.Y.C.R.R. § 8005.7(a)(5), if a preliminary hearing is held and probable cause is found, the hearing officer “shall direct that the alleged violator be held for further action pursuant to section 8004.3.” The same holds true if the preliminary hearing is waived because waiver substitutes for a finding of probable cause.

4. New York requires that the final revocation hearing must be scheduled within 90 days from a finding of probable cause at the preliminary hearing or its waiver. N.Y. Exec. Law § 259- i(3)(f)(i). 5. If DOCCS fails to hold a final hearing within the prescribed statutory time frame, the parole warrant must be vacated, and the alleged violator released from custody and restored to community supervision. See People ex rel. Levy v Dalsheim, 48 N.Y.2d 1019 (1980) aff’g based on decision below, 66 A.D.2d 827 (2d Dept. 1978) (granting habeas petition based on violation of Petitioner’s right to a timely final hearing and ordering immediate restoration to parole supervision rather than a new final hearing because “[t]o merely order a hearing within a specified time would render the 90-day limit a nullity”).

6. The statutory timeframe to hold the final hearing serves a crucial function at all times. It safeguards a parolee’s liberty interest protected by the Fourteenth Amendment. See Morrissey v. Brewer, 408 U.S. 471, 482, 92 S. Ct. 2593, 2601, 33 L. Ed. 2d 484 (1972). It codifies the due process requirement that the hearing take place within a reasonable timeframe after a parolee has been taken into custody. See id. Where due process protections are at stake, the principle that people have the “right to be heard before being condemned to suffer grievous loss of any kind . . . is a principle basic to our society.” Mathews v. Eldridge 424 U.S. 319, 333 (1976). 7. The COVID-19 pandemic has necessitated changes in the way revocation hearings are conducted. On information and belief, PRDU attorneys and DOCCS officials met on March 16 and March 18 to discuss the need for a remote hearing system. It was decided that until video hearings could be set up, DOCCS would hold hearings remotely by a telephone system called WebEx, which required DOC to install telephones in the DOC legal booths at each facility in order for clients to be able to participate. To date, DOCCS has failed to establish a consistently successful alternative system to resume regular hearings. This failure is exacerbated by the fact that COVID-19 is spreading like wildfire through the New York City jail system. Petitioner is deeply worried he will become infected the longer he remains incarcerated, and uncertain of his fate if he does become infected. This petition seeks his immediate release from custody because of the denial of his due process and statutory right to a timely final revocation hearing."

  On May 22, NYS Chief Administrative Judge Lawrence K. Marks announced in a memo: "This expanded use of NYSCEF will permit a significant broadening of civil litigation in a manner that continues to ensure the highest measure of health and safety to judges, court personnel, and the public."

 Inner City Press will be covering these, and the U.S. District Court for the Southern District of New York it is based in. 

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