Class Action Challenges Denial from Prison Early Release Programs on Basis of Disability

This week, KLLF filed a class action lawsuit challenging New York’s policy of denying admission to an early release prison program to prisoners with mental health disabilities. New York’s Department of Corrections and Community Supervision (DOCCS) runs a boot-camp style program called Shock that provides prisoners with intensive substance abuse treatment and the opportunity earn an early release from prison. But only prisoners without mental health disabilities are eligible to be selected by DOCCS for the program.

Jonas Caballero, a former human rights activist and Fulbright Scholar who became addicted to drugs, was incarcerated in 2018 on nonviolent drug charges. When he applied to the Shock program, he was summarily denied because he had been diagnosed with PTSD related to his time working in the occupied Palestinian Territories. As a result of this denial, Mr. Caballero not only was denied access to intensive drug treatment but also served an estimated nine extra months in prison, months he should have spent in freedom.

Mr. Caballero sues on behalf of himself and a class of other prisoners who were denied access to the Shock program on the basis of their disabilities. You can read the complaint here.