2023 Grantees Participate in Fourth Quarter Case Update Telephone Conversations
The Barbara McDowell Foundation receives telephone updates from its grantees about the progress of their cases at the end of the one-year grant cycle to ensure that the funds granted by the Foundation are used as agreed upon by the social justice organization in their grant agreement with the Foundation and serve as an assurance to potential donors that their contributions to the Foundation are making an impact. At the end of October, the five 2023 grantees provided case updates during their telephone calls.
In the case of M.J. v. District of Columbia, a class action was filed in 2018 on behalf of numerous District of Columbia children who faced unnecessary institutionalization or were at risk of it due to failures in the children's mental health system. The complaint alleges violations of the Americans with Disabilities Act (ADA) and the Medicaid Act, asserting that the district failed to provide appropriate community-based services. A motion for class certification was filed in 2021, and in February 2023, the case was transferred to Judge Ana C. Reyes who ndicated her inclination to certify the class, with the next hearing scheduled for October 25th. Plaintiffs are also engaging in merits discovery and considering settlement discussions if the class certification rulings support negotiations.
Northwest Immigrant Rights Project
Garcia Perez v. USCIS is a lawsuit challenging the policies of the United States Citizenship and Immigration Services (USCIS) and the Executive Office for Immigration Review's (EOIR) related to employment authorization for asylum seekers. Asylum applicants must wait 180 days before they can obtain employment authorization. The lawsuit challenges USCIS and EOIR's practices that unjustly halt this waiting period, preventing applicants from obtaining work even during their appeals or when they are not responsible for delays. The parties have reached an agreement, with USCIS and EOIR making some policy changes to address these issues, with final terms of the settlement expected soon.
Two cases were funded that have predential value. In the first, Mr. A-J- faced deportation based on prior convictions, which were overturned by a California wrongful conviction law. The federal government initially refused to acknowledge this change, but the case was settled in early 2023. Subsequent cases in the Ninth Circuit also reached settlements, while others await decisions from federal agencies. The government has begun the process of issuing federal regulations regarding laws similar to California's wrongful conviction law, soliciting public comments on the matter.
In the second case, Mr. P-V- faced deportation due to a misdemeanor conviction in New York, which was affected by a law reforming sentencing. The Second Circuit denied his appeal, stating that immigration provisions consider convictions at the time they occurred. Mr. P-V- is seeking an extension for a rehearing and considering filing a petition with the Supreme Court. Similar cases are pending in the Ninth and Eleventh Circuits.
In the case of Davis v. Jeffreys, significant progress has been made. The plaintiffs’ experts provided reports on the overuse and worsening conditions of solitary confinement, The Illinois Department of Correction (IDOC) failed to disclose timely rebuttal experts. As a result, the court ruled that IDOC cannot produce an expert report to counter the plaintiffs’ claims. Although settlement discussions have been explored, they are currently at a standstill due to the state's policy of not entering into consent decrees. IDOC is expected to file a motion for summary judgment by October 31, 2023, which the plaintiff believes lacks a valid basis. If filed, briefing on this motion will be completed by December 22, 2023.
In the case of D.P. et al v. School Board of Palm Beach County, the National Center for Youth Law (NCYL) and co-counsel filed a lawsuit in June 2021 against the School District of Palm Beach County (SDPBC) to stop the practice of handcuffing and transporting students for involuntary psychiatric examinations without parental consent. The case sought to improve mental health support, policy modifications, and staff training within the district, in addition to damages claims for individual families. In February 2023, Judge Cannon ruled in favor of the plaintiffs, finding violations of the Fourth and Fourteenth Amendments, as well as violations of the Americans with Disabilities Act and Section 504 of the Rehabilitation Act of 1973. The parties filed cross-motions for summary judgment. Most individual plaintiffs accepted offers of judgment in June 2023. The case led to policy changes in the district, resulting in a significant reduction in involuntary examinations. Disability Rights Florida (DRF) continues to advocate for further policy changes.