McInnis v. City of New York

Background

Jennifer McInnis brought claims for alleged violations of her and her three children’s Fourth and Fourteenth Amendment rights against the City of New York, the City Administration for Children’s Services, City employees, and employees of St. Barnabas Hospital. The claims arose from an October 28, 2022 child-neglect investigation.

According to the allegations described in the opinion, O.S. left the family’s apartment after a dispute over a video game and was nearly struck by traffic. An adult sibling scratched O.S.’s neck while helping stop him. At school, O.S. reported that the sibling and McInnis had physically abused him. ACS caseworker Treasure Pray took O.S. to St. Barnabas Hospital without obtaining permission from a parent or guardian. After examining O.S., hospital personnel found no visible injuries consistent with his account and cleared him to return home with McInnis.

Pray later searched McInnis’s home without a court order or warrant and questioned and examined McInnis’s younger children without McInnis’s permission. The investigation was later transferred to another ACS caseworker and was marked unfounded 60 days after the report. The opinion states that the claims against Leah Bralow and Rutmi Goradia had not been settled. McInnis had voluntarily dismissed claims against Jordan Mews and Nyasha Beepot, and ACS was described as an improper defendant because claims against it had to be brought against the City.

Settlement and Required Filings

The City and Pray agreed to pay $100,000 to settle the claims against them. The proposed distribution was:

- $32,833.34 to McInnis; - $32,833.33 to O.S.; - $500 to C.S. (female); - $500 to C.S. (male); and - $33,333.33 to counsel.

McInnis stated that O.S.’s funds would be placed in an interest-bearing account and released over time after he reached age 18. McInnis submitted declarations addressing the required information about the children, the claims, the settlement, and other reimbursement or claims. Attorney Mara Fleder submitted declarations explaining her recommendation of the settlement, the services provided, and her representation of the children’s interests, along with contemporaneous billing records.

Hearing Requirement

Under the applicable federal and New York procedures, an infant settlement generally requires court approval, and the court ordinarily considers whether a hearing is necessary. McInnis stated that requiring the children to attend would be overwhelming and could trigger a behavioral outburst for O.S. The court found that avoiding distress to the children constituted good cause to excuse their attendance.

Fairness of the Settlement

The court evaluated whether the compromise was fair, reasonable, and adequate and whether it protected the children’s best interests. It noted that the settlement resulted from arms’-length negotiations, counsel had experience in similar cases, and paper discovery was substantially complete. The court concluded that the settlement terms were fair, reasonable, and adequate when compared with the likely rewards and risks of continued litigation.

Attorney’s Fee

The proposed fee was one-third of the $100,000 recovery, or $33,333.33. The court found that the requested fee was supported by satisfactory evidence. The billing records showed that Fleder worked 71.57 hours at $400 per hour and Joel Wertheimer worked 1.3 hours at $600 per hour. The court found that the hourly rates and time spent were reasonable for civil-rights lawyers and this type of case.

Disposition

The court approved the Proposed Order without a hearing. It also asked the Clerk of Court to terminate ECF 120. This order approved the settlement involving the City and Pray; it did not terminate the matter as to the non-settling defendants Leah Bralow and Rutmi Goradia.