The Legal Aid Society, Brooklyn Defender Services, and Milbank LLP have filed a contempt motion against the New York City Department of Correction (DOC) for its continued failure to provide incarcerated New Yorkers access to medical care.

The department’s negligence has resulted in thousands of missed medical appointments. These delays and outright denials of access to care lead to unnecessary pain, worsening of treatable conditions, and immense suffering for incarcerated people.

This is the third contempt motion filed in Agnew v. New York City Department of Correction, a class action lawsuit filed in 2021. Although the court issued an order in December 2021 directing DOC to immediately comply with its legal obligation to provide access to medical care, the number of missed appointments continues to rise. Non-productions — referring to instances when an incarcerated person is not brought to their medical appointment — rose from 7,671 in October 2021 to 12,224 in May 2024, representing approximately 25% of all scheduled appointments.

Johnny Basnight, who cannot walk due to his injured knee, requested a wheelchair to safely get to a radiology appointment. DOC denied his request and then falsely reported that Mr. Basnight refused care. “I did not refuse to go,” stated Mr. Basnight in an affidavit for this motion. I simply requested an accommodation—a wheelchair—to allow me to safely access medical services while injured.”

Kevin Gamble, who suffers from diabetes mellitus and requires daily medical care including blood tests and insulin injections, missed a staggering 212 medical appointments between January 1, 2023 and July 15, 2023.

“Incarcerated New Yorkers’ have a right to access medical care while in custody, and the DOC’s continued failure to comply with the law and any semblance of humanity, is beyond the pale,” said Veronica Vela, Supervising Attorney with Legal Aid’s Prisoners’ Rights Project “Since this case was first brought in 2021, access to medical care in City’s jails has only worsened, and the Department lacks both the basic competence and willingness to rectify this situation. As such, we’re asking a court to hold them once again in contempt for this abject cruelty.”

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