McMillan FOIL Litigation Against NYC Administration for Children's Services Historic Case

At a Glance

Date Filed: 

April 11, 2022

Current Status 

We won our appeal of the lower court's denial in early 2024 and received additional document production.  

Co-Counsel 

Beldock Levine Hoffman

Client(s) 

Center for Constitutional Rights, Joyce McMillan

Case Description 

In December 2020, Joyce McMillan was a part-time employee of Singeria, a contractor with New York City's Administration for Children's Services (ACS). After a Facebook post where Ms. McMillan stated that the provision of drug screens is not a “service” for parents, ACS demanded that Singeria fire Ms. McMillan, or it would end one of its contracts with them. Ms. McMillan was fired on January 22, 2021, as demanded by ACS. Afterword, these actions were brought to the attention of senior staff at ACS by a fellow activist of Joyce’s. ACS then reversed itself, and Ms. McMillan was rehired on or about January 25, 2021. 

In March of 2021, the Center for Constitutional Rights and Ms. McMillan filed a Freedom of Information Law request with ACS for communications about Ms. McMillan as well as elements of her activism on behalf of Black families in New York. After many delays and receiving barely any documents, the Center for Constitutional Rights and Ms. McMillan filed a petition with the court to demand the release of additional records in response to our request. The Center for Constitutional Rights is represented in this litigation by the law firm of Beldock Levine & Hoffman.

Case Timeline

February 20, 2024
Our attorneys prevail in appeal of lower court's denial
February 20, 2024
Our attorneys prevail in appeal of lower court's denial
April 11, 2022
Article 78 petition filed in New York state court
April 11, 2022
Article 78 petition filed in New York state court
Represented by the firm Beldock Levin & Hoffman, the Center for Constitutional Rights and McMillan file an Article 78 petition demanding records from ACS.
March 3, 2021
FOIL request filed with ACS
March 3, 2021
FOIL request filed with ACS