Albany, NY December 6, 2021: On December 4, Disability Rights New York (DRNY) filed an appeal with the United States Court of Appeals for the Second Circuit. DRNY is challenging the July 23, 2021 decision and order from the United States District Court for the Northern District of New York in our case against the New York State Department of Corrections and Community Supervision (DOCCS).
DRNY is appealing this decision because it is based on a gross misinterpretation and application of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (DD Act) and the Protection and Advocacy for Individuals with Mental Illness Act of 1986 (PAIMI Act). This decision mandates conditions that do not appear in federal law that DRNY would need to meet in order to obtain records.
Both the DD Act & PAIMI Act provide DRNY their authority to unfettered access to records pertaining to DRNY’s clients in DOCCS’ custody.