A New York state prison system has unsuccessfully dismissed correctional officers accused of abusing incarcerated people or covering up abuse.
New York prison system has failed to fire prison staff accused of attacking incarcerated people. Groups of officers often collaborate to hide their violent behavior, by falsifying official reports and denying allegations when investigated, according to The Marshall Project.
The investigation showed how guards received discipline for misconduct. Through public records requests they gathered documents, which depicted interviews with prisoners, disciplinary records, and official reports. The NY Department of Corrections discipline system exhibits favoritism toward prison guards, asserted Marshall Project’s report.
The New York department of corrections tried to fire officers and supervisors accused of physical abuse against incarcerated individuals or for covering up misconduct for the past 12 years. There are more than 290 cases statewide and only 10% of those cases resulted in officers’ firing. A majority of officers managed to keep their jobs, with only a few resigning or retiring.
Examples the report found include, the state trying three times in three years to fire a guard who used excessive force; a correctional officer who broke his baton hitting a prisoner 35 times, resulting in the incarcerated individual needing 13 staples to close up the lacerations on his head.
In abuse cases, arbitrators rule in favor of officers three-quarters of the time.
Per guard union contract, outside arbitrators make the final decision if the guards are fired. During these hearings arbitrators often stated the state’s evidence is not enough or prisoner’s statements are unconvincing, noted the article.
The Marshall Project found more than 160 lawsuits resulted in the state paying damages to victims alleging abuse by guards. The state was complying with a court order or settlement in these lawsuits. In 88% of those cases, the department did not try to discipline officers involved, with records showing that some victims were permanently injured or even killed.
According to The Marshall Project guards retaliated against incarcerated persons who alleged abuse by filing bogus chargers of assault and sending them to solitary confinement.
In another excessive force case, due to a death by officers, the state paid an incarcerated persons family $5 million. After the incident the agency did not further punish the guards involved.
This investigation reflects a portion of violence inflicted by correctional staff goes unnoticed, because many residents fear of retaliation; the incarcerated people are afraid to file a complaint against staff, according to The Marshall Project.
