USCOA,2 No. 133
Michelle Huang, as next of friend of Raymond Yu, a minor,
Appellant,
v.
John A. Johnson, Commissioner for the Office of Children and Family
Services, &c., et al.,
Respondents.
_________________________________________________________________
2001 NY Int. 118
November 15, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Lawrence Katz, for appellant.
David Lawrence III, for respondents.
_________________________________________________________________
LEVINE, J.:
Plaintiff Michelle Huang commenced this Federal civil rights action
alleging that her minor son, Raymond Yu, was falsely imprisoned.
In 1996, Yu was adjudicated a juvenile delinquent for attempted
assault in the second degree and placed for 18 months with the State
Division for Youth, predecessor to the Office of Children and Family
Services (OCFS). Yu's scheduled release date was September 13, 1997.
Yu was placed in the Ella McQueen Residential Center, a limited secure
facility. In January 1997, he was transferred to OCFS's Brooklyn
Evening Reporting Center placement program, a transitional program for
youths returning to their communities from residential centers. The
program is less restrictive than a residential center in that it
provides evening and weekend supervision but permits participants to
live at home.
One of the conditions of Yu's participation in the less restrictive
program was that he report daily, which he failed to do on March 22
and 23, 1997. Consequently, his release date was set back two days to
account for his absence. Yu was again absent without leave for 96 days
from March 28 until July 2, 1997, when OCFS discovered that he was in
the custody of the New York City Department of Correction at Riker's
Island, a City- operated jail facility, on unrelated charges of murder
in the second degree and gang assault in the first degree, committed
SNIPPETS:
Lawrence Katz, for appellant.
Plaintiff Michelle Huang commenced this Federal civil rights action alleging that her minor
In 1996, Yu was adjudicated a juvenile delinquent for attempted assault in the second degree
In January 1997, he was transferred to OCFS's Brooklyn Evening Reporting Center placement
his release date was set back two days to account for his absence.
Yu was again absent without leave for 96 days from March 28 until July 2, 1997, when OCFS
The United States District Court for the Southern District of New York granted summary
The court concluded that the claim for money damages was barred by the Eleventh Amendment,
The court also denied the false imprisonment claim and held that Yu's term of confinement was
The court concluded that Huang's section 1983 claim for false imprisonment was not barred by
The court determined that an open question exists regarding whether section 510-brequires
That such custody arose from an arrest or surrender on another charge which did not culminate
Plaintiff argues that the statutory provision requires credit for detention time on "another
OCFS, on the other hand, reads section 510-bto provide for a credit only after the unrelated
"statutory grant to which a proviso is annexed should be read as if no power was given other
Following certification of a question by the United States Court of Appeals for the Second
e days served at Riker's on an unrelated charge that did not culminate in a conviction until after
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