Sean Harris' family files civil rights suit against Clarkstown, police over standoff death

The family of Sean Harris has filed a federal civil rights complaint against Clarkstown, Rockland County and a slew of first responders who were involved in a standoff that preceded the death last year of the 19-year-old.

The complaint, filed July 8 in U.S. District Court for the Southern District of New York, asserts that the responders worked in concert, illegally detained Harris, used excessive force and failed to provide adequate medical care. The complaint, which seeks a jury trial, cites violations of the Fourth and 14th amendments of the Constitution. It also alleges violations of state law, including assault and battery, intentional infliction of emotional distress, false imprisonment and negligence.

The lawsuit, among its assertions, notes that all responding police were white and that the social workers who contacted police were white and Hispanic. Harris and his mother, Judy Adams, were Black.

1 year later: Nyack gathers to recall Sean Harris and seek answers about his death after police standoff

The lawsuit also cites violations of the Americans with Disabilities Act; Harris had undergone treatment "a couple times," according to the complaint, at local psychiatric facilities and had been compliant with ongoing treatment. Police had made wellness checks at the home before, the complaint states, with no incident and with cooperation from Harris.

The lawsuit is filed on behalf of Kevin Adams, Harris' older brother and administrator of the estate.

“Would anyone feel safe trusting the police under the circumstances my brother faced?" Kevin Adams said in a statement. "This lawsuit is a search for the truth to hold someone accountable for my brother’s death.”

Randolph McLaughlin and Debra Cohen are Adams' lawyers. They are co-chairs the Civil Rights Practice Group of Newman Ferrara LLP in Manhattan and Pace University law professors.

What happened to Sean Harris?

Harris died May 30, 2023, after about 60 Clarkstown police engaged him in an hours-long standoff at his Central Nyack home, according to interviews with the family, police reports and court filings. He was later transported to Montefiore Nyack Hospital where he was pronounced dead.

Harris' mother, Judy Adams, had contacted Rockland County for support services for her son. Two social workers came to the house. They worked for an Orange County-based nonprofit called Access: Supports for Living, which was contracted by Rockland County to provide services for adolescents.

It was the two social workers' first time meeting Harris.

What happened to Sean Harris? Family of Central Nyack man who died after police standoff to sue Clarkstown, Rockland

During the brief visit, Harris told his mother he wanted a new phone and there was some disagreement. During the discussion, he was holding what the family has described as a T-ball bat. Judy Adams has repeatedly said she didn't feel threatened and had even laughed with Harris after he said she should pay for the new phone.

The social workers went outside and contacted police.

Police showed up. Then more. During the course of the incident, around 60 officers were there, with canine and SWAT units.

'Less lethal munition'

The incident soon became a standoff. Judy Adams found herself outside the house, with Harris inside. She wasn't allowed back in the home nor to talk with Harris, according to the lawsuit.

The complaint states that police had been informed there were no guns in the home. But police in a press statement said Harris told them he had a "Glock 17 handgun."

Police reported using "less lethal impact munition" and that Harris was struck in the abdomen. The lawsuit asserts that police use this tactic to knock suspects off balance to take physical control of them. But no officer was near Harris when the bean-bag munition was shot from a far distance, the lawsuit states.

"Police officers at the scene ... were, or should have been, trained to know that firing the less lethal shotgun from the distance it was fired, with no officers positioned, to take control of Sean, was an improper use of the less lethal shotgun," according to the lawsuit. The suit also says such projectiles reach the velocity of a "Mike Tyson punch."

No lights and siren

Harris later retreated into the house, while family was moved down the street, the complaint states. It had become dark outside. Police reported entering the house and finding Harris in the bathroom, unconscious, with pill bottles nearby.

The family reported when they entered the bathroom, medications appeared undisturbed.

Nyack Ambulance Corps and Rockland Paramedic Service had been staged down the street, according to the lawsuit, but "downtime" was reported to be about 30-35 minutes, meaning the period he went without treatment at the scene. Hospital records show Harris was taken to the hospital an hour after he was last seen, the lawsuit states. He was taken to the hospital without lights and sirens.

Harris was pronounced dead at Montefiore Nyack Hospital.

The Rockland County medical examiner has refused lohud.com's Freedom of Information request for autopsy information.

New York State Attorney General Letitia James' office is conducting a preliminary investigation into Harris' death. The office is required by law to assess every reported incident in which a police, peace or corrections officer may have caused the death of a person, by an act or omission.

Who is being sued?

The lawsuit, which seeks unspecified monetary damages, names Clarkstown Police Department and the 60 officers at the scene, and Det. Norm Peters, who is the department's public relations officer. The town is also being sued.

Rockland Paramedics and Nyack Ambulance Corps, including two EMTs who were on the scene, are defendants.

Rockland County, which operates the behavioral response unit that was contacted by Judy Adams for help, is also named in the lawsuit. The county had used Access: Supports for Living for cases involving adolescents.

County spokesperson Beth Cefalu confirmed Tuesday that the county still contracts with Access: Supports for Living “while we are working towards consolidating our crisis programs.” No further comment was given.

This article originally appeared on Rockland/Westchester Journal News: Sean Harris' family files civil rights suit against Clarkstown, police over standoff death