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Rikers detainees at ‘imminent risk' of harm; federal monitor alleges five new ‘disturbing’ incidents


By

Matt Katz

Published May 30, 2023


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Rikers Island

 

Erik Pendzich/Shutterstock


By

Matt Katz

Published May 30, 2023


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Leaders of the city jails are withholding information about grisly incidents, including a case in which a detainee was viciously beaten then left naked and ignored by staff for hours, according to the federal monitor overseeing Rikers Island.

In a “special report” filed in federal court, Federal Monitor Steve J. Martin took aim at Correction Commissioner Louis Molina over the handling of five incidents in city jails in May that Martin said are representative of a larger trend. The report criticizes city officials for failing to properly investigate correction officers’ lethal use of force and neglecting to provide emergency medical care.

“Serious, life-altering harm has occurred, and an imminent risk of harm to others in custody remains,” Martin wrote. He said that the department appears to be violating court orders intended to keep detainees safe.

In a statement, Molina did not address the specific incidents referenced in the new report, but asserted that safety, staff absenteeism, training, hiring and the transportation of detainees to court has improved since he was appointed by Mayor Eric Adams in January 2022. “We have brought this organization back from the brink of collapse and we will not be deterred in continuing our good work,” Molina said.

Serious, life-altering harm has occurred, and an imminent risk of harm to others in custody remains.

Steve J. Martin, federal monitor, Rikers Island

The report stems from information that the monitor gleaned via outside sources and video surveillance, notwithstanding the alleged lack of cooperation from Molina and department brass, about injuries and death in May involving five detainees:

“Not only are the incidents summarized above disturbing because of the unsafe practices utilized and severity of physical harm—including death—involved, but they also cast serious doubt on the department’s compliance with a basic tenet of reform, which is to accurately record incidents so that underlying problems can be identified and resolved,” Martin concluded.

'Fuel the flames'

The monitor and his team have overseen city jails for nearly eight years, after having been appointed as part of a landmark legal settlement over unsafe conditions. But despite the team’s earning nearly $20 million during that time, as Gothamist previously found, detainee violence and officers’ use of force -- the primary drivers behind the federal intervention -- have only gotten worse.

The most recent report renews calls for a federal takeover of city jails. Doing so would wrest control of the facilities from the city and give power to a judge-appointed receiver. According to the special report, Molina tried to convince the monitor not to issue the report because it would “fuel the flames of those who believe that we cannot govern ourselves.”

Public defenders from the Legal Aid Society representing those in the class-action lawsuit that led to the monitorship filed a letter to the court in response to the special report demanding that the department provide details about each of the five incidents, an explanation of the city’s failure to document what they happened, and a list of any corrective actions taken in response.

“The commissioner’s apparent view that the Monitor’s concerns are not significant makes clear why the authority to implement reforms should be taken out of the city’s hands and placed with an actor that appreciates the gravity of the situation and will make appropriate decisions,” the Legal Aid attorneys wrote to U.S. District Court Judge Laura Taylor Swain.

So far, Damain Williams, U.S. attorney for the Southern District of New York -- which is a party to the case that led to the monitorship -- has not expressed support for such a takeover.

Tagged

Bail reform

Rikers Island

public safety

queens

Race And Justice Unit


Matt Katz

Matt Katz is a former WNYC & Gothamist reporter.

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Gothamist is funded by sponsors and member donations


Gothamist is funded by sponsors and member donations


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