Family of malnourished four-year-old sues city over death

Jahmeik Modlin's family said Thursday that the city's child care authority bears responsibility for the four-year-old's death.

Modlin was found severely malnourished and later died in hospital on October 13.

“We have filed a $40 million damages lawsuit for a death – a death that should never have happened,” said attorney Sanford Rubenstein. “We look forward to deposing ACS, the people of ACS, regarding how this terrible, unjustified death could have occurred.”

The family claims the mother suffered from mental health issues and domestic violence and reported it to ACS in 2022, but no action was taken. This inaction, they claim, led to the child's death.

In a statement, a city spokesman said: “Jahmeik’s death is a terrible tragedy. The city will examine the complaint.”

A memorial to Modlin features messages from the community where people can turn for help.

“Sometimes in society, when we believe that so many people see what's happening, we think that someone else will report the alarm or that someone else will help this family,” said Arisly Rodriguez of the domestic violence organization Safe Horizon.

Rodriguez works with the organization's child protection center. She said in child abuse cases, outsiders have the opportunity to get help, including requesting a welfare check.

“You can definitely call the state central registry. So not only can that number trigger ACS, but when warranted, the NYPD supports that if a child is in distress or in imminent danger, they can be moved to a place of safety,” Rodriguez said.

The family has called on the state attorney general's office to open an investigation into the child's death.

The family says he will be buried on Tuesday.