State litigation guide · New York

Women’s Detention Abuse Lawsuit in New York

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Statute of limitations — New York

New York has a 3-year SOL for personal injury claims (CPLR § 214). Discovery rule applies. New York courts have been receptive to equitable tolling arguments for detained and deported individuals.

3 years from discovery

New York data

Exposure in New York

New York personal injury SOL — one year longer than most states

3 years

Source: CPLR § 214

NYC-based civil rights organizations actively litigating ICE detention abuse

Active

Source: ACLU-NY, NYCLU

ICE detention facility in Goshen, NY has faced sexual abuse complaints

Orange County

Source: DHS OIG

Medical resources

Clinics & Specialists in New York

Bellevue Hospital — Program for Survivors of Torture

FAQ

Frequently Asked Questions

36 QUESTIONS

Yes. Any sexual contact between staff and an incarcerated person is legally abuse — under federal law and every state’s law, a person in custody cannot consent to a guard, officer, or other staff member who holds authority over them. That means you do not have to prove you resisted or said no. A claim can be brought against the officer and, depending on the facility, the agency that employed and supervised them. Whether a specific claim succeeds depends on the facts, and no outcome is guaranteed.

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