Topline
Following a year-long chaotic crisis at the Rikers Island jail complex that seems to worsen by the week, New York City filed suit Monday against the correction officers union, blaming them for the deplorable conditions in the jail, which has experienced a surge in violence amid staffing shortages.
Key Facts
The city's suit, filed in Manhattan's Supreme Court, accuses the Corrections Officers Benevolent Association (COBA) of orchestrating an "unlawful campaign of mass absenteeism" that has lasted months.
The lawsuit claims that the union's leadership encouraged members to participate in a work slowdown as part of a political power play, stating COBA leaders are "clearly aware" of the campaign and "are either unable or unwilling to fulfill their obligations under the law and contract to mitigate it."
The suit comes amid a war of words between Mayor Bill de Blasio and the corrections union over the crisis at Rikers, which has seen 10 inmates die this year—including five suicides — and as the jail’s chief medical officer pleads for state or federal intervention.
According to city officials, as of last week, more than 2,600 of the city's 8,400 uniformed correctional workers were out sick or on medically modified duty, meaning they can't interact with prisoners, leading to a shortage of guards in jail units.
The widespread absenteeism is "outright abdication of correction officers' basic responsibilities" and "one of the primary contributors to an emergency circumstance," the lawsuit states.
The city is seeking $1 million per day in punitive damages for slowdowns or stoppages of work that COBA “causes, instigates, encourages or condones.”
Absent Without Leave rates among corrections officers have increased 215% over the past two years, from 645 per month in 2019 to an average of 2,304 per month in 2021, the suit declares.
Contra:
In July, COBA leaders filed a suit of their own, accusing city officials of creating an inhumane work environment at Rikers by forcing officers to work overextended shifts in unsanitary and unsafe conditions. In response to the suit filed by the city's suit on Monday, union president Benny Boscio Jr. pinned the blame on officials, including de Blasio, for failing to address concerns over increasing violence and staffing shortages. "If anyone is well-versed in violating the law, it's our criminally negligent Mayor, who hasn't done his job for the past eight years," Boscio Jr. said in a statement, claiming Monday's "frivolous" lawsuit is a "desperate and pathetic attempt" to divert attention from the "humanitarian crisis he created on Rikers Island."
Key Background:
A report issued in May by Steve J. Martin, a federal monitor appointed to oversee NYC jails, said a "pervasive level of disorder and chaos" existed throughout the entirety of the system. Last month, Martin filed an updated letter detailing deteriorating conditions, particularly at the Rikers complex, where violence was increasing significantly. At least 11 inmates at Rikers have died this year, with five of those deaths being confirmed suicides. Martin's letter indicated staff shortages were a primary factor in the worsening conditions. The inmate population in Rikers was approximately 4,000 in the early months of the coronavirus pandemic but had spiked to 5,800 in August. "The humanitarian crisis I saw is, simply, stunning," New York City Public Advocate Jumaane Williams said after a tour of Rikers last week.
Tangent:
Last Friday, New York Gov. Kathy Hochul (D) ordered the release of 191 individuals from Rikers and signed a bill into law that aims to keep people out of jail for minor parole violations. Hochul said she would also transfer an additional 200 inmates from Rikers to other state facilities.
Crucial Quote:
"No one—no inmate, no correction officer, no family member who visits—should have to witness the reality of Rikers as it exists today," Hochul said last week, calling the condition of the jail "an indictment on everyone."
Further Reading:
New York Gov. Hochul Signs Bill Ending Jail Time For Minor Parole Violations (Forbes)
An 'Absolute Emergency' at Rikers Island as Violence Increases (NYT)
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