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J.G. v. Mils


AFC, the Legal Aid Society of New York and Dewey Ballantine LLP have filed a class action suit on behalf of a class of students aged 7-21 who have a history of involvement with the juvenile or adult court systems and who are entitled to an education in New York City schools. All the plaintiffs in this action claim that upon being released from a court-ordered setting, they have been denied timely re-enrollment in New York City schools. The students claim that court-involved youth are regularly denied the opportunity to return to school or warehoused in alternative settings where court-involved youth are segregated and that do not afford them minimally adequate educational services. The complaint also contains allegations on behalf of two subclasses: court-involved youth with disabilities and class members who did not receive adequate educational services while in detention in New York City.

Richard Mills, Commissioner of the New York State Education Department, as well as Joel Klein, Chancellor of the New York City Department of Education are named as Defendants in the suit.

The case is pending in the Eastern District of New York before Judge Allyne Ross and Magistrate Judge Steven Gold.

The court has preliminarily approved a proposed settlement agreement between the plaintiffs and the state defendant, Richard Mills, Commissioner of the New York State Education Department.  The court will hold a hearing to consider the settlement on October 3, 2008 at 2 p.m. in the United States Courthouse at 225 Cadman Plaza East, Brooklyn, NY  11201.  More information about the settlement is available in the settlement notice posted below.

 

Selected Documents:
J.G. v. Mills Complaint - December 14, 2004

First Amended Complaint - February 4, 2005

Second Amended Complaint - February 8, 2005

Plaintiffs' Memorandum of Law in Support of Class Certification - December 17, 2004

Selected Declarations and Exhibits in Support of Class Certification

Notice of Motion and Declarations - December 8, 2004
Godsoe Declaration - December 16, 2004
Hyman Declaration - December 17, 2004
Rosenbloom Declaration - December 16, 2004
Owens Declaration - December 16, 2004
Exhibits A-I, J-P, Q-U, V-BB

Memorandum of Law in Support of Plaintiffs’ and Proposed Intervenors’ Motion to Intervene, Amend the Complaint and in Support of a TRO and Preliminary Injunction - February 8, 2004

Exhibit CC1

Exhibit CC2

Plaintiffs' Memorandum of Law in Support of a Preliminary Injunction - September 19, 2005

Exhibits in Support of Preliminary Injunction

Exhibit A, Exhibit B, Exhibit C, Exhibit D,
Exhibit E(a)(i), Exhibit E(a)(ii), Exhibit E(a)(iii), Exhibit E(a)(iv),
Exhibit F, Exhibit G, Exhibit H, Exhibit I, Exhibit J,
Exhibit K, Exhibit L, Exhibit M, Exhibit N,
Exhibit O(a), Exhibit O(b), Exhibit O(c), Exhibit O(d), Exhibit O(e),
Exhibit P(a), Exhibit P(b), Exhibit P(c), Exhibit P(d),
Exhibit Q(a)(i), Exhibit Q(a)(ii), Exhibit Q(a)(iii), Exhibit Q(a)(iv), Exhibit Q(a)(v), Exhibit Q(a)(vi),
Exhibit Q(b)(i), Exhibit Q(b)(ii), Exhibit Q(c)(i), Exhibit Q(c)(ii), Exhibit Q(c)(iii),
Exhibit Q(c)(iv), Exhibit Q(c)(v), Exhibit Q(d), Exhibit Q(e), Exhibit Q(f),
Exhibit R(a), Exhibit R(b)(i), Exhibit R(b)(ii), Exhibit R(b)(iii), Exhibit R(b)(iv),
Exhibit R(c)(i), Exhibit R(c)(ii), Exhibit R(c)(iii), Exhibit R(c)(iv), Exhibit R(c)(v),
Exhibit R(d), Exhibit R(e), Exhibit R(f), Exhibit R(g), Exhibit R(h),
Exhibit R(i), Exhibit R(j), Exhibit R(k), Exhibit R(l), Exhibit R(m),
Exhibit R(n), Exhibit R(o), Exhibit R(p), Exhibit R(q), Exhibit R(r), Exhibit R(s),
Exhibit S(a), Exhibit S(b), Exhibit T(a), Exhibit T(b), Exhibit U(a), Exhibit V(a),
Exhibit W(a), Exhibit W(b), Exhibit X(a), Exhibit X(b), Exhibit X(c), Exhibit X(d),
Exhibit Y, Exhibit Z, Exhibit AA, Exhibit BB

City and State's Reply to P.I.

City Defendants' Opposition to Motion for Preliminary Injunction
State Defendants' Opposition to Motion for Preliminary Injunction
Declaration of Pat Schubert in Opposition to Motion for Preliminary Injunction

P.I. Decision

Report and Recommendation - July 6, 2006

Settlement Notice - August 2008

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