In litigation a zealous advocate seeks to win
and place obstacles to winning in an adversary’s path. In settlement negotiation of
significant reform litigation affecting public policy, advocates and the parties
have separate interests, but also have a collaborative purpose, seeking to
overcome conflicts in order to achieve a settlement based upon shared interests
and policy goals. In the two landmark correctional reform settlements in which
Richard, as an Assistant Attorney General, served as lead attorney for the State
defendants, he served his client agencies in their negotiations with plaintiff
advocacy groups. In both cases the State and plaintiff advocacy groups achieved
nationally recognized, ground-breaking settlements:
Disability Advocates, Inc. v. NYS Office of Mental Health, et al., 02 CV 4002 (GEL), 8th
Amendment challenge to mental health services within the prison system, primarily
focused on prisoners with serious mental illness in solitary confinement. Systemic
settlement (2007) establishing a heightened level of care, involving daily out-of-cell
therapeutic activity, and alternative residential mental health programs, for prisoners with
mental illness subject to disciplinary confinement in excess of 30 days. Post-settlement
compliance audits, including expert tours and reports (2007-2011).
Peoples, et al. v. Fischer, et al. 11 CV 2694 (SAS), systemic 8th Amendment challenge to
the State’s prison disciplinary system and the use of solitary confinement as a
disciplinary sanction. Class action settlement (approved April 2016), diverting juveniles,
developmentally disabled prisoners and certain drug offenders to rehabilitative alternative
programs; establishing behavioral incentives, including “step down” programs, to reduce
length of sentences and change behaviors leading to disciplinary confinement;
ameliorating conditions of confinement; and establishing comprehensive guidelines for
disciplinary sanctions.