The Legal Aid Society and Emery Celli Brinckerhoff Abady Ward & Maazel LLP are hailing a court ruling holding the New York City Department of Correction (DOC) in contempt for failing to address the unconstitutional use of force in City jails.

“Following years of unchecked brutality by staff in City jails, we commend the federal court for its decision today to hold New York City and DOC in contempt for failing to fix the systemic issues that continue to jeopardize the lives of incarcerated New Yorkers,” reads a statement from the organizations. “This is a historic decision. The culture of brutality on Rikers Island has resisted judicial and political reform efforts for years. As the court found, the City has repeatedly demonstrated its inability to provide the oversight necessary to ensure the safety of all individuals housed in local jails.”

“We laud this ruling, which will finally create a pathway for reform that can protect those who have been failed by the DOC’s leadership by making leadership accountable to the court and not political authorities,” the statement continues. “The court’s recognition that the current structure has failed, and that receivership free from political and other external influences is the path forward, can ensure that all New Yorkers, regardless of incarceration status, are treated with the respect and dignity guaranteed to them under the law.”

In September 2012, Legal Aid and Emery Celli filed Núñez v. City of New York, a class action lawsuit challenging systemic brutality by staff against people incarcerated in New York City jails. Following a settlement in that action, the court appointed a federal monitor to oversee mandated reforms.  After nearly a decade of oversight by the court and the federal monitor, and successive court interventions and remedial orders, DOC continues its pattern and practice of unconstitutional use of force, and in November 2023, counsel filed a contempt motion and application for receivership.