Lawyers for the maternal aunt of 4-year-old Jahmeik Modlin, whose parents are facing criminal charges after he died of maltreatment Oct. 14, filed a $40 million notice of claim Thursday alleging city child welfare officials failed to act to protect the boy.
The boy’s aunt, Nyisha Ragsdale, filed the claim, which is required before a lawsuit can be filed against the city. It asserts the Administration for Children’s Services should have removed Jahmeik from the home following repeated reports of domestic violence and neglect.
Jahmeik’s parents — Nytavia Ragsdale, 26. and Laron Modlin, 25 — remain in jail on Rikers Island facing manslaughter charges.
Prosecutors said Jahmeik was suffering from severe malnutrition, dehydration and starvation and weighed only 19 pounds when he died. A refrigerator containing food in his Harlem apartment was turned to the wall and feces matted his hair. His surviving siblings, age 5,6 and 7 were also severely malnourished.
“Despite prior allegations of abuse and a prior investigation, ACS failed to intervene which allowed Jahmeik to be in a dangerous environment,” said Mark Shirian, who is representing Nyisha Ragsdale along with Sanford Rubenstein.
The boy’s death “reflects ACS’s negligence in providing protection for children under its care,” Shirian said.
At the same time, a potential custody battle is shaping up over Jahmeik’s three siblings.
Rubenstein said Nyisha Ragsdale will go to family court to seek custody next week.
On Sunday, Stephanie McGraw, a Harlem activist, told reporters that Jahmeik’s paternal grandmother who she identified only as “Ms. Jones,” was prepared to take custody of the surviving children.
“She is fully available and ready and able and healthy, mentally, physically and emotionally, to take her three remaining grandchildren,” McGraw said.
Nyisha Ragsdale’s lawyers and Rev. Kevin McCall, an advisor to the family, refused to go into detail about ACS’ contacts with the family. But they said child welfare workers had visited the home in 2022.
“When ACS is notified they are supposed to be a full investigation .. they should follow up to get people the help they need,” McCall said.
“We know that did not happen because Nytavia had to contact her sister to help her get some things she was asking for regarding her situation in her home.”
Nyisha Ragsdale made a brief statement thanking her lawyers. “He was a wonderful kid,” she said. “He played, he laughed, he smiled, it was him and his siblings.”
The press conference became testy when reporters asked her if she would provide details about the ACS contacts with her sister and later asked about the timing of the notice of claim.
“She’s not answering the question so stop asking the question,” McCall said. “They didn’t wake up in the morning and say they were going to do this to this child.”
Later, McCall added, “This is not about money. This is about justice. Somebody died here.”
The family has planned a funeral for Tuesday at 6 p.m. at the Elam International Fellowship Church at 20 Madison St. in Brooklyn, McCall said.
A spokesman for the city Law Department said the notice of claim will be reviewed. “The death of Jahmeik is a terrible tragedy,” he said.
The case is the subject of an internal probe by the ACS, the city’s child welfare agency. The city Department of Investigation is also conducting a probe.
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