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Reentry Resource Center - New York

Serving People from Arrest to Reintegration

[Acosta v. DOE] Brief in Support of Reversing Department of Education Application of Article 23-A and Court's Denial of Petitioner's Article 78 Challenge (2008)

  • Organization: Community Service Society
  • Author: Paul Keefe
  • Document Type: Brief/Motion Papers
  • Date Created: Wednesday, October 29, 2008
  • Submitted: Wednesday, October 29, 2008
  • Attachment(s): PDF

A brief amicus curaie submitted by the Community Service Society, Legal Action Center, The Bronx Defenders, Fortune Society, Osborne Association, and STRIVE. The brief challenges lower court's decision upholding DOE's decision to refusing employment based on a single criminal conviction. It argues that the decision was arbitrary and capricious by ignoring favorable information DOE was legally required to consider, limiting petitioner's ability to prevent evidence of rehabilitation, discounting the merits of petitioner, and that the decision contradicts caselaw and state public policy.

Author's Note: Section on criminology research on recidivism might be particularly helpful to advocates. Brief also covers recent caselaw interpreting Article 23-A in Article 78 proceedings.

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