BUFFALO, N.Y. — The Attorney for the 19 plaintiffs suing the NY National Guard and DocGo for alleged abuses at the Quality Inn in Cheektowaga says there are "systemic problems" at the facility.
"It was a comprehensive of failure of leadership on every single level," attorney Nate McMurray said.
A lawsuit filed Thursday alleges widespread instances of rape, battery, false imprisonment and other abuses by several asylum seekers and DocGo contractors.
The 16-page lawsuit alleges that New York National Guard members, and actual DocGo staff began sexual relationship with several asylum seekers.
Several plaintiffs are former subcontractors for DocGo and, according to McMurray, reported the abuse to company officials.
"They were ignored, they were told literally to shut up," McMurray said. "Some of the management in our allegations at DocGo, were the ones involved in the wrongdoing."
At one point, according to the lawsuit, a NY National Guardsmen were "allowed to transport guests form Cheektowaga to the nearby hotel where guardsmen were staying."
The lawsuit also alleges an incident where an asylum seeker and her children were driven two hours away by a National Guardsman to a rental property he had access to. It was at this rental property where the Guardsman "demanded sexual favors in exchange for his assistance to her and her family."
"It doesn't happen unless a lot of people let it happen," McMurray said. "You're not able to take people out of the facility, unless a lot of people are watching and they don't care.
The court documents say the Jane Doe engaged in sexual activity with the Guardsman and the event "caused severe distress to Jane Doe and her children."
2 On Your Side reached out to DocGo for comment. A spokesperson said:
"We are committed to ensuring the continued safety and well-being of everyone under our care. While we cannot disclose specifics, we conduct rigorous, evidence-based internal investigations into allegations regarding DocGo staff, and we have strict policies in place to address instances of misconduct. Since the launch of our program, we’ve worked with government partners to ensure we are delivering excellent, compassionate care to asylum seekers. Emergency sites where DocGo provides services have received many visits from multiple city and state agencies since our contract began, including the New York State Office of Temporary and Disability Assistance (OTDA) who confirmed our commitment to safety and the respectful treatment of all guests.”
2 On Your Side followed up to learn more about the strict policies in place to address instances of misconduct, but our inquiry went unanswered.
2 On Your Side has also learned that the Erie County District Attorney has opened an investigation into the allegations made in the lawsuit, but the DA's office did not provide any further comment.
Cheektowaga Police are also conducting an investigation into an incident outlined in the lawsuit, but also could not provide further details.
2 On Your Side reached out to the New York National Guard for comment. A spokesperson said that due to Department of Defense policy, they could not confirm any internal investigations, or confirm any of the details in the lawsuit.
Approximately 2,100 NY National Guard members are deployed across the state conducting operations related to the placement of asylum seekers from New York City.
In a written statement, a spokesperson for the NY National Guard said: "If allegations are substantiated following an investigation, this can result in adverse administrative and/or disciplinary actions pursuant to regulation and New York State military law. Criminal activities are referred to law enforcement for appropriate action."
2 On Your Side also reached out to Gov. Kathy Hochul's office for comment. A spokesperson for the governor said "abuse and misconduct are completely unacceptable and Governor Hochul has prioritized taking action to keep everyone in the State of New York safe. The New York National Guard, as part of the United States military, has an independent disciplinary process under military law which will be followed to the fullest extent in order to hold offenders accountable."
You can read the lawsuit below:
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