Maternal aunt of malnourished Harlem boy who died files $40 million claim, says city at fault

Lawyers for the maternal aunt of 4-year-old Jahmeik Modlin, whose parents are facing transgression charges aft helium died of maltreatment Oct. 14, filed a $40 cardinal announcement of assertion Thursday alleging metropolis kid payment officials failed to enactment to support the boy.

The boy’s aunt, Nyisha Ragsdale, filed the claim, which is required earlier a suit tin beryllium filed against the city. It asserts the Administration for Children’s Services should person removed Jahmeik from the location pursuing repeated reports of home unit and neglect.

Jahmeik’s parents – Nytavia Ragsdale, 26. and Laron Modlin, 25 – stay successful jailhouse connected Rikers Island facing manslaughter charges.

Jahmeik Modlin and his mother, Nytavia Ragsdale.

Prosecutors said Jahmeik was suffering from terrible malnutrition, dehydration and starvation and weighed lone 19 pounds erstwhile helium died. A refrigerator containing nutrient successful his Harlem flat was turned to the partition and feces matted his hair. His surviving siblings, property 5,6 and 7 were besides severely malnourished.

“Despite anterior allegations of maltreatment and a anterior investigation, ACS failed to intervene which allowed Jahmeik to beryllium successful a unsafe environment,” said Mark Shirian, who is representing Nyisha Ragsdale on with Sanford Rubenstein.

The boy’s decease “reflects ACS’s negligence successful providing extortion for children nether its care,” Shirian said.

At the aforesaid time, a imaginable custody conflict is shaping up implicit Jahmeik’s 3 siblings.

Rubenstein said Nyisha Ragsdale volition spell to household tribunal to question custody adjacent week.

Laron Modlin, 25, is walked into his arraignment aft the decease of his son, Jahmeik Modlin, connected Thursday, Oct. 17, 2024, successful Manhattan Criminal Court successful New York. (Barry Williams for New York Daily News)

On Sunday, Stephanie McGraw, a Harlem activist, told reporters that Jahmeik’s paternal grandma who she identified lone arsenic “Ms. Jones,” was prepared to instrumentality custody of the surviving children.

“She is afloat disposable and acceptable and capable and healthy, mentally, physically and emotionally, to instrumentality her 3 remaining grandchildren,”  McGraw said.

Nyisha Ragsdale’s lawyers and Rev. Kevin McCall, an advisor to the family, refused to spell into item astir ACS’ contacts with the family. But they said kid payment workers had visited the location successful 2022.

“When ACS is notified they are expected to beryllium a afloat probe .. they should travel up to get radical the assistance they need,” McCall said.

“We cognize that did not hap due to the fact that Nytavia had to interaction her sister to assistance her get immoderate things she was asking for regarding her concern successful her home.”

Grandmother of Jahmeik Modlin, lone identified arsenic “Ms. Jones,” walks manus successful manus with Rev. Al Sharpton successful Harlem connected Saturday, Oct. 19, 2024. (Theodore Parisienne for New York Daily News)

Nyisha Ragsdale made a little connection thanking her lawyers. “He was a fantastic kid,” she said. “He played, helium laughed, helium smiled, it was him and his siblings.”

The property league became testy erstwhile reporters asked her if she would supply details astir the ACS contacts with her sister and aboriginal asked astir the timing of the announcement of claim.

“She’s not answering the question truthful halt asking the question,” McCall said. “They didn’t aftermath up successful the greeting and accidental they were going to bash this to this child.”

Later, McCall added, “This is not astir money. This is astir justice. Somebody died here.”

Nytavia Ragsdale, parent of Jahmeik Modlin.

The household has planned a ceremonial for Tuesday astatine 6 p.m. astatine the Elam International Fellowship Church astatine 20 Madison St. successful Brooklyn, McCall said.

A spokesperson for the metropolis Law Department said the announcement of assertion volition beryllium reviewed. “The decease of Jahmeik is simply a unspeakable tragedy,” helium said.

The lawsuit is the taxable of an interior probe by the ACS, the city’s kid payment agency. The metropolis Department of Investigation is besides conducting a probe.