Saturday, December 17, 2022

Motion to Stop NYC Plan to Detain Some Mentally Ill People is Denied but Case Continues


By Matthew Russell Lee, Patreon Maxwell book
BBC Honduras - CIA Trial book - NY Mag

SDNY COURTHOUSE, Dec 14 – As NYC gets colder, on December 12 an oral argument was held on a motion to stay Mayor Adams' new policy, thread here and below.

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.”  

   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 would hear the matter on December 12. Inner City Press was there, live tweeted thread

On December 13, Judge Crotty issued a written order denying the motion: "The Court previously converted Plaintiffs' request for a temporary restraining order ("TRO") into a motion for a preliminary injunction on December 9, 2022. ECF No. 115. At the December 12, 2022 hearing, Plaintiffs requested a "stay" of the involuntary hospitalization policy, essentially reiterating the request for a TRO. To the extent Plaintiffs continue to argue that an emergency "stay" is warranted, that request is DENIED without prejudice, as there is currently noevidence of likely irreparable harm prior to a preliminary injunction hearing. (And as further set forth herein.) SO ORDERED. (Signed by Judge Paul A. Crotty on 12/14/2022)."

Full Order on Inner City Press' DocumentCloud here.

Inner City Press remains covering the case.

It is Baerga v. City of New York et al, 21-cv-5762 (Crotty)

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