- “Locking these children — the majority of whom are Black or Latinx — alone in small, unhygienic rooms for hours on end with no access to education, programming, or interaction with others is detrimental to their development and can have devastating, lasting impacts on their mental health and well-being.” – Dawne Mitchell, chief attorney of The Legal Aid Society
- “Extended isolation can severely disrupt a young person’s emotional and developmental growth, increasing trauma, anxiety, and long-term harm. This practice is deeply inconsistent with our commitment to restorative justice and rehabilitation.” – Assemblyman Demond Meeks
NEW YORK — A federal class action civil rights lawsuit has been filed challenging what advocates describe as the routine use of solitary confinement against youth held in New York State custody, alleging children are locked alone in small cells for up to 24 hours a day, sometimes for weeks or months at a time.
The lawsuit was filed in the U.S. District Court for the Southern District of New York by The Legal Aid Society, with Jenner & Block LLP serving as pro bono counsel, against the New York State Office of Children and Family Services. The complaint alleges systemic constitutional and statutory violations across all five secure placement facilities operated by the agency, which are located in Columbia, Orange, Cayuga, Monroe and Tompkins counties.
According to the complaint, youth at each facility are routinely confined alone in tiny, barren cells for up to 24 hours per day. While in isolation, the lawsuit alleges, children are denied access to legally mandated education, rehabilitative programming, recreation, and basic health and hygiene needs.
The filing further alleges that youth are frequently forced to urinate or defecate in trash bins or buckets inside their cells and required to eat meals in those same unhygienic conditions. The lawsuit states that these practices are often imposed either in response to alleged misbehavior or due to chronic staffing shortages that leave OCFS unable to manage facilities without resorting to isolation.
The complaint alleges the confinement practices are unlawful, inhumane, and cause serious and lasting harm to children in state care. Although New York law prohibits solitary confinement of youth in adult facilities, the lawsuit contends that OCFS continues the practice in youth facilities under alternative labels that mask the true nature of prolonged isolation.
The lawsuit also points to widespread national recognition that extended isolation is particularly harmful to children because it deprives them of meaningful social interaction and mental stimulation during critical stages of emotional and psychological development.
Concerns about conditions inside OCFS facilities have also been raised by the union representing many agency employees. In June, union leadership sent a letter to lawmakers warning of what it described as an “escalating staffing, safety, and service delivery crisis” at the Industry Residential Center. As of Memorial Day weekend 2025, union leaders wrote, “Youth were reportedly confined to their rooms for up to 23 hours a day, often denied basic access to restrooms and served food in unsanitary conditions. The fact that these youth — predominantly Black and Brown — are forced to live in squalid, dehumanizing conditions is unconscionable.”
The class action alleges that OCFS’s practices violate the Eighth and Fourteenth Amendments to the U.S. Constitution, as well as protections guaranteed under the Americans with Disabilities Act. The plaintiffs are seeking declaratory and injunctive relief to end the use of prolonged isolation and related practices in youth facilities statewide.
“Young people housed in secure placement facilities operated by OCFS have a right to safety, dignity, and age-appropriate treatment,” said Dawne Mitchell, chief attorney of the Juvenile Rights Practice at The Legal Aid Society.
“Locking these children — the majority of whom are Black or Latinx — alone in small, unhygienic rooms for hours on end with no access to education, programming, or interaction with others is detrimental to their development and can have devastating, lasting impacts on their mental health and well-being. OCFS must immediately put an end to these barbaric unlawful and inhumane practices and ensure these young New Yorkers are provided appropriate care, including basic hygiene, education and rehabilitative services.”
“The devastating and permanent harm inflicted on young people through solitary confinement demands immediate legal intervention to force systemic change in how our state treats its most vulnerable youth,” said Jeremy Creelan, a partner at Jenner & Block.
“It is a privilege to partner with The Legal Aid Society on this civil rights class action, because no one should be forced to endure conditions that violate their fundamental rights and humanity.”
Assemblyman Demond Meeks also commented on the lawsuit, saying, “Extended isolation can severely disrupt a young person’s emotional and developmental growth, increasing trauma, anxiety, and long-term harm. This practice is deeply inconsistent with our commitment to restorative justice and rehabilitation. We must continue working toward a system that lifts young people, addresses root causes such as adverse childhood experiences, and give them the tools they need to succeed when they return to their communities.”
The lawsuit names several youth as plaintiffs and details their experiences inside OCFS facilities. Marcus F., an 18-year-old Black young person currently housed at MacCormick Secure Center, was previously placed at Brookwood Secure Center. According to the complaint, during approximately six months at Brookwood, Marcus was placed in solitary confinement on four occasions, often lasting weeks at a time, during which he was locked alone in his cell for up to 23 hours a day without access to education, rehabilitative programming, or meaningful contact with peers or staff.
Since his transfer to MacCormick Secure Center in July 2025, the complaint alleges Marcus has continued to be subjected to punitive solitary confinement during at least three separate periods lasting days or weeks. As a result of the prolonged isolation, the lawsuit states that Marcus experiences a profound sense of hopelessness and defeat.
Another plaintiff, Garrett M., is a 16-year-old Black youth currently housed at the Industry Residential Center. According to the complaint, during the first month of his placement, Garrett was confined to his locked cell for 22 to 24 hours each day due to staff perceptions of behavioral issues. The lawsuit states that Garrett has been diagnosed with Attention Deficit Hyperactivity Disorder, Intermittent Explosive Disorder, and Oppositional Defiant Disorder, and alleges that youth perceived as “problematic” are subjected to harsher and more frequent punishments, including solitary confinement.
The filing alleges that on multiple occasions Garrett remained locked in his cell for consecutive 24-hour periods, during which he was denied access to education, programming, peer interaction and bathroom facilities. According to the complaint, his mental health deteriorated as a result, leaving him anxious and depressed.
Christopher M., a 20-year-old Black young person currently housed at Goshen Secure Center, is also named as a plaintiff. The lawsuit alleges that Christopher is routinely subjected to solitary confinement, including during facility-wide lockdowns imposed for non-disciplinary reasons. At times, he is allowed out of his cell for only 30 minutes per day.
According to the complaint, Christopher eats alone in his cell, is denied programming and recreation, and is prevented from accessing bathroom facilities in a timely manner. The lawsuit states that these conditions are so restrictive that youth regularly urinate into plastic bottles, food containers, or garbage bins inside their cells.
The filing also alleges that Christopher has been deprived of meaningful educational services, has not been taken to a single GED class despite repeated requests, and has not been assigned a teacher. Instead, staff allegedly provide worksheets without feedback or instructional support. According to the complaint, Christopher’s mental health deteriorated significantly, and in September 2025 he was placed on suicide watch.
The lawsuit further names Isaac R., a 17-year-old Black youth currently housed at Goshen Secure Center. Despite what the complaint describes as Isaac’s documented commitment to rehabilitation, including completing the Hunter College Restorative Justice Program while in pretrial detention, OCFS has repeatedly subjected him to solitary confinement.
According to the filing, Isaac was confined to his room for seven consecutive days during the summer as punishment for an incident and was denied access to school, programming, rehabilitative services and in-person visits. The lawsuit also alleges that in February and March of 2025, Isaac and other youth in his unit were confined to their rooms for approximately one month, with no school, programming, visitation, recreation or meaningful telephone access.
After repeated isolation, the complaint states that Isaac’s mental health deteriorated and his preexisting post-traumatic stress symptoms worsened. During one recent two-day period of solitary confinement, his mother contacted the facility requesting that he at least be allowed to meet with a clinician due to concern about his worsening mental health.
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