Court holds argument on ECBAWM’s Motion to Hold City in Contempt For Its Failure to Stem Violence at the City’s Jails; Judge Orders City to Discuss Possible Receivership

September 25, 2024

On Wednesday, September 25, Judge Laura Taylor Swain held oral argument on a motion brought by ECBAWM and the Legal Aid Society’s Prisoners Rights Project to hold the City of New York in contempt for its failures to comply with court orders designed to prevent violence against incarcerated people in the City’s jails including Rikers Island. In the hearing, the plaintiffs and the Department of Justice (SDNY) argued that the violence and use of force by corrections officers against inmates have worsened in the roughly nine years since the parties reached a historic agreement with the City of New York to comprehensively and dramatically change practices at the Rikers Island. The City has since proven that it is unable to keep individuals housed in the City’s jails safe from harm and violence, prompting plaintiffs and the Department of Justice (SDNY) to seek contempt and appointment of the receiver.

While Judge Swain reserved decision as to whether to hold the City in contempt, at the conference, the Judge instructed the parties to outline the authority or structure of a receiver, including the appointment process, powers, and tenue of any potential receiver. The Judge gave the parties until November 12, 2024, to submit their positions. This is a major step forward towards a possible receivership for New York City’s jails.

ECBAWM attorneys Jonathan Abady, Debbie Greenberger, Katie Rosenfeld, Vasudha Talla and Sana Mayat represent the plaintiffs in this action.

Press:
“Judge Demands a Plan for a Possible Federal Takeover of Rikers,” NY Times
“NYC judge orders DOC and civil rights lawyers to flesh out plan to restructure how jails are run,” NY Daily News
“Advocates renew call for Rikers Island closure as judge’s decision on possible federal takeover looms,” AMNY
“Advocates renew calls to close Rikers Island as possible federal takeover looms,” NY1
“Judge orders NYC to discuss federal takeover of Rikers Island jail,” Gothamist
“Judge directs NYC to develop plan for possible federal takeover of Rikers Island jail,” Associated Press
“Judge directs New York City to flesh out plans for Rikers Island federal takeover,” Courthouse News