NYCLU sues Nassau over inmate health care

The New York Civil Liberties Union has sued Nassau County, saying the county jail unlawfully declined to release documents the group requested governing inmate health care.

The group had filed a request in November under the state's Freedom of Information Law for the written policies after inmates complained of shoddy medical and mental health care, and a rash of suicides.

The Article 78 petition, filed Friday in State Supreme Court, claims officials at the East Meadow jail withheld some documents and redacted others. The lawsuit seeks every document requested.

The state's Freedom of Information Law is designed to allow the public access to documents held by public, non-federal agencies. The law exempts some documents from release on grounds such as privacy or security concerns.

"The fact that they did not respond properly to our request illustrates to us the problem with medical care," said Samantha Fredrickson, director of the Hempstead-based organization. "There's nothing personal in the records we requested."

Elizabeth Loconsolo, general counsel for the jail, said she has not seen the lawsuit. Jail officials have until May 20 to respond to the filing.

NYCLU attorneys filed a FOIL request for records about mental health and medical policies, contracts with vendors and medical-related inmate grievances.

Jail officials wrote back in December, saying they did not hold the medical care records and referred the NYCLU to Nassau University Medical Center, which provides health care at the jail. The jail denied another request related to oversight of mental health and medical care, saying it was too broad and lacked details and a time frame.

"Government agencies are supposed to make records available whenever and wherever feasible," said Robert Freeman, executive director of the Committee on Open Government, the state agency that monitors compliance with the Freedom of Information Law.

"If the agency had the ability to locate and identify the record, the request is consistent with law."The NYCLU became concerned about inmates' care after several of them contacted the group last year to report substandard medical and mental health care.