November 4, 2010 by staff
Rikers Island, Contrary to popular belief, the abuse of detainees is not a thing of the past. Excessive force against inmates and mistakes still happen today in New York and across the country. Correctional facilities as Rikers Island Prison recently landed in the news for the flagrant abuses of prisoners occurred within their walls.
Rikers Island inmate abuse
Lloyd Nicholson, a former corrections officer at Rikers Island Prison Complex, was recently sentenced to six years in prison for a series of attacks that took place while he worked as a guard. A jury convicted him of orchestrating Nicholson beating teenage inmates in an organized system he called the program “.
Three other prison guards will soon stand trial for their role as the corrupt officials at the Robert N. Davoren, a complex within the facility Rikers Island. Michael McKie of Brooklyn and Staten Island Khalid Nelson face each face up to 25 years imprisonment for corruption of the company, a charge that falls under the category of organized crime. Denise Albright, of Manhattan, facing charges of assault and conspiracy for his alleged role in abusing prisoners.
Unfortunately, the abuse of detainees is a reality for many of New York, 100,000 inmates. Abuse can take different forms and from different sources and it is difficult for prisoners to ever feel safe in their daily lives.
Abuses of detainee’s agent
New York gives much power to the prison so they can effectively maintain the prison system and keep inmates safe. Unfortunately, some abuse of correctional officers and inmates of the power of aggression. Abuse of prisoners occurs when the prison administration use of force unnecessary and excessive or commit a sexual assault on the prisoner.
- Violent attacks on inmates are the most common type of abuse by corrections officers. It is the unnecessary beating, hitting, kicking or striking a prisoner. Unnecessary or excessive use of the agent a handgun to a defenseless prisoner is a typical example. These attacks can cause lacerations, fractures, internal injuries, disfigurement, brain or spinal cord injury and even death.
- Sexual assault is more common guards in detention centers than you might think. The National Inmate Survey reveal that 4.4 percent of the prison inmates and alleged victims of sexual abuse over the last 12 months. Sexual abuse may occur verbally or by physical contact, verbal, although sexual abuse is extremely difficult to prove and rarely leads to damages. Sexual violence can also cause serious physical injury.
New York prisons “Duties and Responsibilities
Those who are incarcerated in correctional institutions in New York as Rikers are supposed to be protected by the City. Since prisoners cannot afford to protect themselves as free members of society, the City assumes the responsibility to protect those who held the prisoners.
When correctional officers accept their position in the City of New York Department of Corrections they accept the responsibility to protect prisoners, whatever their sympathy or antipathy particular prisoners, prisoners shall be treated equally and fairly. However, some prison officers to develop a personal hatred of some detainees to intimidate the person, which often leads to the beating of a defenseless prisoner.
Although inmates know that officer misconduct is illegal, they tolerate aggression as a simple fact of prison life. However, prisoners cannot take in these situations – they can sue for injuries to protect their rights, obtain compensation for their injuries and to punish the guard misconduct.
When an inmate or former inmate, commenced a lawsuit against the City for prison guard abuse, the court will make the final decision regarding custody was acting illegally. To determine if New York is legally liable for injuries to prisoners, the court bases its decision on the facts and circumstances of each case. Each situation is unique and depends largely on the evidence and arguments of each side. It is crucial for victims to seek legal counsel experienced to give a powerful voice.
When prisoners mistreated will file a lawsuit against the City, there are multiple causes of actions they can rely on their pursuit. Some of these causes of action:
- The denial of civil rights
- Negligence in the ownership, operation, maintenance, supervision and security of the prison.
- Hiring people through negligence
- Retention of staff negligence
New York law has a time-sensitive process that inmates must follow to file a complaint against the City. Inmates must file a notice of claim of the City within 90 days after the injury occurred, although in rare cases there may be valid excuses for a delay. Any procedural error or delay in filing the notice of claim or subsequent prosecution may be deprived of the victim’s right to recover.
Connecting to a Personal Injury Attorney
Abuse of power by correctional officers is unacceptable. If you or a family member has suffered injury or wrongful treatment of a correctional officer, contact a personal injury lawyer to discuss possible legal actions. Make a claim for abuse of prisoners is complicated, and outreach and assistance of a lawyer experienced in handling cases of abuse of detainees is invaluable.
Article provided by Law Offices Nussin S. Fogel
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