Sean Harris' family files civil suit against Clarkstown NY and police

The family of Sean Harris has filed a civil rights violation complaint in federal court against Clarkstown, Rockland County and a number of first responders involved in the standoff that led to the 19-year-old’s death last year.

The lawsuit, filed on July 8 in the U.S. District Court for the Southern District of New York, alleges that the officers worked together, illegally detained Harris, used excessive force and failed to provide adequate medical care. The lawsuit, which seeks a jury trial, cites violations of the Fourth and Fourteenth Amendments. It also alleges violations of state law, including assault, intentional infliction of emotional distress, false imprisonment and negligence.

The lawsuit points out, among other things, that all of the police officers who responded to the call 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 find answers to his death after a police operation

The lawsuit also alleges violations of the Americans with Disabilities Act; Harris has been treated at local mental health facilities “a number of times,” according to the lawsuit, and has accepted ongoing treatment. Police have conducted wellness checks at the home before, the lawsuit says, without incident and with Harris’ cooperation.

The lawsuit is filed on behalf of Kevin Adams, Harris’ older brother and executor of his 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 responsible for my brother’s death.”

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

What happened to Sean Harris?

Harris died on May 30, 2023, after about 60 Clarkstown police officers held him captive for hours in his Central Nyack home, according to interviews with family, police reports and court records. He was later taken to Montefiore Nyack Hospital, where he was pronounced dead.

Harris’ mother, Judy Adams, had asked 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 youth.

It was the first time the two social workers met Harris.

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

During the brief visit, Harris told his mother he wanted a new phone and a disagreement ensued. During the discussion, he held what the family described as a T-ball bat. Judy Adams has repeatedly stated that she did not feel threatened and even laughed at Harris after he said she should pay for the new phone.

The social workers went outside and contacted the police.

The police came. And then more. During the incident, around 60 officers with dogs and special units were on site.

“Less lethal ammunition”

The incident soon escalated into a standoff. Judy Adams found herself outside the house, with Harris inside. According to the lawsuit, she was not allowed to enter the house or speak to Harris.

The complaint states that police were informed there were no weapons in the home, but in a press release, police said Harris told them he had a “Glock 17 pistol.”

Police said they used “less-lethal impact munitions” and Harris was hit in the abdomen. The lawsuit alleges that police use this tactic to unbalance suspects and bring them under physical control. But when the beanbag munitions were fired from a long distance, no officer was near Harris, the lawsuit says.

“The officers on scene … were, or should have been, trained to know that firing the less-lethal shotgun from the distance from which it was fired, without officers in position to bring Sean under control, was an improper use of the less-lethal shotgun,” the lawsuit states. The lawsuit also says such projectiles reach the speed of a “Mike Tyson punch.”

No light and no siren

Harris later retreated into the house while the family was taken down the street, the complaint says. It had become dark outside. Police said they entered the house and found Harris unconscious in the bathroom with pill bottles next to him.

The family reported that the medications appeared to be intact when they entered the bathroom.

According to the lawsuit, Nyack Ambulance Corps and Rockland Paramedic Service responded down the street, but the “downtime” was listed as approximately 30 to 35 minutes, the amount of time he was not treated at the scene of the accident. Hospital records show Harris was taken to the hospital an hour after he was last seen, the lawsuit says. He was taken to the hospital without lights and sirens.

Harris was pronounced dead at Montefiore Nyack Hospital.

The Rockland County Coroner has denied lohud.com’s Freedom of Information request for autopsy information, and no autopsy results have been provided to the family.

New York Attorney General Letitia James’ office is conducting a preliminary investigation into Harris’ death. The office is required by law to review any reported incident in which a police officer, peace officer or correctional officer may have caused the death of a person through an act or omission.

Who is being sued?

The lawsuit, which seeks unspecified damages, names the Clarkstown Police Department and the 60 officers on the scene, as well as Det. Norm Peters, the police public relations officer. The city is also being sued.

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

Rockland County, which operates the behavioral health unit Judy Adams sought help from, is also named in the lawsuit. The county had used Access: Supports for Living for cases involving juveniles.

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