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LAS Announces Agreement Addressing City’s Non-Compliance Issues with Rikers Island Consent Judgment

The Legal Aid Society announced that an agreement was reached with the City, subject to court approval, to address the City’s non-compliance with the Consent Judgment in Nunez v. City of New York et. al., litigation filed to remedy excessive force in New York City jails, according to the New York Daily News.

Steve J. Martin, independent Federal Monitor in Nunez v. City of New York et. al., was appointed by the Court after Legal Aid, private firms and the U.S. Attorney for the Southern District of New York settled a lawsuit against the City demanding that the New York City Department of Correction (DOC) meaningfully address the rampant excessive force that has long been entrenched at Rikers Island and other City jails.

The Remedial Order seeks to address persistent non-compliance with the Consent Judgment in the case and requires the Department to make systemic changes in supervisory structure and accountability, investigating misconduct, and disciplinary proceedings. The Order also targets areas of particular failure by the Department, including immediate corrective action for misconduct, management of 18-year-olds, deployment of emergency response teams, and de-escalation protocols.

“The Monitor’s reports have made clear that the City has not lived up to its obligations under that agreement. The pervasive violence and dehumanization persists, and let’s be clear: that burden has once again fallen most heavily on communities of color. These failures have a human cost, and they cannot continue,” said Mary Lynne Werlwas, Director of the Prisoners’ Rights Project at The Legal Aid Society.