Amicus brief filed by the Legal Aid Society: ​Piagentini v. NYS Board of Parole (Herman Bell)

The 3d Dept. ruled in favor of the Board of Parole (and Herman Bell) holding that the plaintiff did not have standing to bring this lawsuit. There was a concurrence that the plaintiff does have standing (to assert a violation of her statutory right to be heard by the Board) but should not prevail on the merits (bc the Board did consider her victim impact statement) and a dissent which agreed with the concurrence on standing and believed the Board’s failure to mention the plaintiff’s victim impact statement was arbitrary and capricious and that the matter should be reopened. This is an oversimplification, but you get the idea.

The decision is attached. This email is very belated for a variety of reasons (the decision is dated 8/22/19), but I hope it's better late than never and I wanted to bring this full circle. Thanks to everyone who supported by signing on!

Also the plaintiff has sought leave to the Court of Appeals, arguing that the disagreement in the 3d Dept on standing warrants review by the COA. Also attaching the leave application. I’m not sure when we’ll know if the COA plans to hear the case, but stay tuned. Please circulate this to anyone I may have left off who signed the amicus brief, but otherwise do not disseminate beyond this group.


The Legal Aid Society (authoring/signing brief)

Alliance of Families for Justice

American Friends Service Committee

Brooklyn Defender Services

Bronx Defenders

Center for Appellate Litigation

Center for Constitutional Rights

Center on Race, Inequality & the Law at NYU Law

Correctional Association

CUNY School of Law Criminal Defense Clinic

Howard University School of Law Thurgood Marshall Civil Rights Center

Jim Owles Liberal Democratic Club

Law for Black Lives

Legal Action Center

National Lawyers Guild

National Lawyers Guild - New York City Chapter

Osborne Association

Parole Preparation Project

Release Aging People in Prison

The Sentencing Project

Sylvia Rivera Law Project

VOCAL - NY

Jim Owles Liberal Democratic Club