As NYC
Plan to Pick
Up Mentally
Ill Homeless
People Is Sued
So Now SDNY
Hearing Dec 12
By Matthew
Russell Lee, Patreon Maxwell
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SDNY COURTHOUSE,
Dec 10–
As NYC gets
colder, on December
8 law
firms
announced that
people
with mental
disabilities
filed an
emergency
request to
immediately
halt
NYC's
new policy to
greatly expand
coerced
transport to
psychiatric
hospitals of
people
perceived to
have “an
inability to
meet their
basic
needs.”
They said the
motion for a
temporary
restraining
order is
brought in
ongoing
federal class
action
litigation
challenging
the City’s use
of police
officers as
the front-line
response to
people with
actual or
perceived
mental
disabilities.
Earlier this
year, the
plaintiffs in
Baerga v. City
of New York
challenged the
NYPD’s role in
the City’s
response to
people with
actual or
perceived
mental
disabilities,
including the
coercive
detention and
transportation
of people by
the police to
psychiatric
facilities for
evaluation.
On
December 9,
the U.S.
District Court
for the
Southern
District of
New York Judge
in that case,
Paul A.
Crotty, ruled
that he will
hear the
matter on
December
12:
"ORDER on MOTION
for Conference
re: [108]
Proposed Order
to Show Cause
With Emergency
Relief and Motion
to Strike
Plaintiff's
LETTER MOTION
for Leave to
File
Opposition to
Motion for
Injunctive
Relief Motion
to Strike
Application
for Order to
Show Cause or
in the
alternative to
Convert
Application
for Order to
Show Cause to
Motion for
Injunctive
Relief and Set
a Briefing;
terminating
[113] Letter
Motion for
Leave to File
Document.
Nevertheless,
the Court
declines the
Defendants'
request to
strike
Plaintiffs'
requests.
Instead, as a
matter of
efficiency,
the Court
converts the
application to
a motion for a
preliminary
injunction and
a request for
a premotion
conference on
discovery. The
parties are
further
directed to
confer
regarding an
expedited
briefing
schedule for
both matters
and a date for
a preliminary
injunction
hearing. A
pre-motion
conference is
set for
December 12,
2022."
Inner
City Press is
covering the
case.
It
is Baerga v.
City of New
York et al,
21-cv-5762
(Crotty)
***
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