A Manhattan federal judge ruled that a third-party “receiver” should be appointed to oversee use-of-force and safety issues in the city’s jails due to nine years of failed promises by jail officials. The receiver would make the management of these aspects answerable directly to the court, as fines and other measures have not been effective. Mayor Eric Adams and jail officials oppose this, despite some improvements. Both sides must agree on the receiver’s powers and identity, with a status report due by Jan. 14. Legal experts say a receiver could have significant authority, potentially bypassing union contracts. The push for a receiver is also supported by Manhattan’s top federal prosecutor.
In a recent ruling by a Manhattan federal judge in an ongoing lawsuit against the troubled Department of Correction in the city, it was decided that a third-party “receiver” will be appointed to oversee use-of-force and safety issues in the city’s jails. Chief District Judge Laura Taylor Swain of the U.S. District Court for the Southern District of New York highlighted the failure of jail officials over nine years to address the issues in her 65-page decision. She emphasized the need for a receiver to ensure accountability in managing the use of force and safety aspects directly under the court’s supervision.
The judge expressed concerns about the slow pace of reform within the Department of Correction, citing a cycle of initiatives being created, changed, or abandoned without significant progress. Swain suggested that imposing a receivership would be a more effective remedy than fines or other measures to compel reforms. This decision comes after years of unfulfilled promises and a lack of diligence on the part of the city officials responsible for the safety of those living and working in the Rikers Island jails.
Although Mayor Eric Adams and jail officials have opposed the idea of a receivership takeover, citing some improvements under Commissioner Lynelle Maginley-Liddie, Judge Swain emphasized that more significant actions are necessary to address the immediate threats and dangers faced by individuals in the jails. The Legal Aid Society, which initiated the original lawsuit in 2011, along with city and federal lawyers, are tasked with outlining the specifics of how the receiver would operate and determining the extent of their authority compared to the DOC commissioner.
The parties involved are required to agree on the scope of the receiver’s powers, the duration of their appointment, and the qualifications required for the role. A status report detailing the proposed framework for the receivership is due by a specified date, indicating a clear timeline for the implementation of this oversight mechanism. Legal experts note that a receiver could have broad powers and may not be bound by existing union contracts, potentially impacting various aspects of the correction department’s operations.
The move towards appointing a receiver has garnered support from Manhattan’s top federal prosecutor, Damian Williams, who has been involved in the Nunez case from its inception. The case, named after the defendant, was initially filed by Williams’ predecessor, Preet Bharara, underscoring the significance of this legal action in addressing long-standing issues within the city’s correctional system.
Source: TheCity.NYC
