Published October, 2015

Rosado v. Herard, 2014 WL 1303513 (S.D.N.Y. 2014).

Rosado, a pre-trial detainee at Rikers Island, brought an action alleging Herard, a licensed mental health clinician, violated his rights by disclosing Rosado’s HIV status to other detainees and by denying him, as well as other Spanish-speaking detainees, access to group therapy while at Rikers Island.

Only two of Rosado’s claims, an equal protection claim and a First Amendment retaliation claim, survived Herard’s motion to dismiss. Of note, the court dismissed, inter alia, Rosado’s ADA & Rehabilitation Act claim, his right to privacy claim, and his deliberate indifference to medical needs claim.