NYCLU and Parole Prep Secure the Release of Paroled, Terminally Ill Man After Legal Challenge

NEW YORK – Today, following an appeal from the New York Civil Liberties Union (NYCLU) and the Parole Preparation Project, the New York State Department of Corrections and Community Supervision (DOCCS) has released Steve Coleman, a 67-year-old terminally ill man who was unlawfully detained because of his disabilities despite having been granted parole in 2023. In response, Mr. Coleman, the NYCLU and Parole Prep released the following statements: 

“While I will never get back the 20 months I spent locked up past my scheduled release, I can finally look forward to being back in my community, getting dignified treatment, and continuing my work advocating for the rights of incarcerated people,” said Mr. Coleman. “My thoughts are also with those who are still in prison and going through the nightmare that I experienced. They deserve to be free and spend the rest of their lives in dignity, with their loved ones. My thoughts are also with Robert Brooks, may God bless his soul. I hope this appeal sheds a light on DOCCS’s cruel and inhumane treatment of people with terminal illness.”  

“The NYCLU is relieved by the release of Mr. Coleman, who will finally be able to access necessary medical care and reintegrate into the community,” said Daniel Lambright, Special Counsel for Criminal Justice Litigation at the New York Civil Liberties Union. “Unfortunately, Mr. Coleman’s case is not unique. DOCCS has subjected many incarcerated New Yorkers with disabilities, including the elderly, to the same cruel conditions. For them, being stuck behind bars can become a death sentence. Even though Mr. Coleman has been released, we will continue to fight for a clear legal rule confirming that DOCCS’s actions here were unconstitutional and that it must respect the medical autonomy and dignity of all individuals who are in the same circumstance.” 

“Since being granted parole, Mr. Coleman has fought tirelessly to be released to the community with the dignity and autonomy to chart the course of his own medical care. It is unacceptable that it took nearly two years to achieve this outcome. We are excited to welcome Mr. Coleman home, and demand that DOCCS do more to ensure the swift and timely release of all incarcerated individuals who are entitled to their freedom, regardless of their disabilities or medical condition,” said Gina Papera-Ewing, Senior Attorney at Parole Prep. 

Mr. Coleman, who was in prison for over forty years since he was 25, suffers from end-stage renal disease and a cancerous tumor on his kidneys. Despite being granted parole in 2023, DOCCS refused to release him until today, stating that he needed first to be accepted into a nursing home with access to dialysis treatment. But DOCCS failed to identify a single nursing home to which it would release him, and it made dialysis treatment a condition of parole while simultaneously holding Mr. Coleman in prison where he was not receiving dialysis treatment. Mr. Coleman can now return to his community in New York City where he can get the medical care that he needs. 

Mr. Coleman’s case raises broader issues related to the state’s parole system. DOCCS keeps many people who have been paroled in prison, including those with disabilities and those convicted of sex offenses. The department also routinely blocks requests from terminally ill New Yorkers for medical release. As New York’s prisons are facing an aging crisis, criminal justice advocates have pushed for legislation that would allow thousands of incarcerated New Yorkers to become eligible for parole and provide more meaningful parole reviews for those who are already parole eligible. Actions like this from DOCCS undermine efforts to ensure that medically vulnerable populations and older people are released from prison.   

Case materials can be found here: https://www.nyclu.org/court-cases/coleman-habeas-appeal-matter-of-rayner-v-martuscello  

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