Firm Obtains Favorable Settlement for Pro Bono Infant Clients

Partner David Gordon and Associate Christopher Milito have successfully concluded a complex civil rights litigation on behalf of two children residing in Brooklyn. The case was taken upon referral by the Association of the Bar of the City of New York and reflects the Firm’s commitment to providing representation to litigants in need.

The case, “Star S.”, et al. v. “Charles” Clark, et al. proceeded in the United States District Court for the Eastern District of New York under pseudonyms chosen to protect the identity of the minor plaintiffs. The complaint charged violations of Section 1983 and other causes of action based on an incident wherein officers of the Kings County Society for the Prevention of Cruelty to Children (“KCSPCC”) entered the home of the plaintiffs and allegedly performed an unauthorized sexual-abuse physical examination of a young girl.

Also named as defendants were the Commissioner of the KCSPCC, three individual KCSPCC officers, and two state officials. The case turned on the definition of state action through New York State-chartered societies for the prevention of cruelty which certify their members as New York State Peace Officers. The KCSPCC has since been dissolved resulting from action taken by the New York State Office of the Attorney General. (http://www.oag.state.ny.us/press/2006/feb/feb23a_06.html)

The settlement agreement was reached before Magistrate Judge Cheryl L. Pollak on February 20, 2007 and is subject to the issuance of an infant compromise order. A hearing on the order is scheduled for March 1, 2007.