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Lawsuit alleges rape, battery, abuses by New York National Guard members against asylum seekers

In a lawsuit filed in federal court, asylum seekers and former DocGo contractors alleged widespread abuse by NY National Guard members.

BUFFALO, N.Y. — A lawsuit filed Thursday alleges widespread instances of rape, battery, false imprisonment and other abuses by several asylum seekers and DocGo contractors

According to the court documents, the alleged incidents occurred at the Quality Inn motel near the Buffalo Niagara International Airport, where DocGo established a humanitarian emergency relief and response center for asylum seekers. 

The 16-page lawsuit alleges that New York National Guard members, and actual DocGo staff began sexual relationship with several assylum seekers. 

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."

Some asylum seekers, referenced as Jane Doe's in the lawsuit, described instances where they received gift cards from Guardsmen and were later coerced into sexual activity. 

The lawsuit described 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."

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."

In another instance, one of the Jane Does described that their teenage daughter was allegedly taken to a private section of the Quality Inn where "he groped her legs" until she was able to run off. 

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."

The 19 plaintiffs are being represented by Advocates for Justice, and by local attorney Nate McMurray. 

You can read the lawsuit below:

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