New York Courts unveils program to help inmates find representation to sue the state | amNewYork

"There's a large number of our cases that are brought by incarcerated persons that obviously do not have the legal background, have difficulty navigating the Court of Claims Act, and don't know how to prosecute their claims, said Court of Claims Judge Catherine Leahy-Scott, who spearheaded the effort through the courts' Equal Justice in the Courts initiative."

"The pilot, which will initially cover only three state prisons in the Albany region, will extend to cases for medical malpractice, negligence and assault. Through the program, the court system will provide a list of attorneys for incarcerated people to pitch their cases to. It's then up to the attorney to decide whether to proceed with a contingent fee or take it on pro bono."

"The types of cases that inmates bring to the state Court of Claims, the court that handles lawsuits seeking money damages against New York, run the gamut. Cases can come about whether they're injured while they're in the recreation yard, when they're assaulted by another incarcerated person, they claim that excessive force was used by a correctional facility officer, or medical malpractice from medical staff."

New York's court system is implementing a pilot program through its Equal Justice in the Courts initiative to connect incarcerated litigants with legal representation for civil cases against the state. The program addresses a significant gap where most inmates lack financial resources and legal knowledge to represent themselves in Court of Claims cases. Initially covering three state prisons in the Albany region, the program will handle cases involving medical malpractice, negligence, and assault. The court will provide inmates with a list of attorneys who can decide whether to take cases on contingent fee or pro bono basis. Overseeing judges plan to expand the program statewide by 2026, recognizing the diverse nature of claims inmates bring regarding injuries, assaults, excessive force, and medical malpractice.

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