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SDNY COURTHOUSE, Nov 17 – Amid the crisis at New York City's Rikers Island, the NYC Commission of Corrections was summoned to a November 17, 2022 in-person hearing on a request to move to appoint a Federal receiver for the facility, at the U.S. District Court for the Southern District of New York.

That request was denied. Inner City Press live tweeted it, here and below, and before streamed in Foley Square and in front of SDNY (here and here), then uploaded video of the Close Rikers protest and an impromptu Q&A with NYC public advocate Juumane Williams, here.  The thread:

OK - now Rikers Island jail proceeding

NYC Corrections Commissioner Molina: Since being appointed by Mayor Adams [my] team has been active. I understanding the public is frustrated. However, this Administration is committed to resolving the problems. A receiver will not solve this. I will.

Molina: We need more Deputy Wardens. They have been working only 7 am to 3 pm. Now we'll have them 24 hours a day. On data, quite frankly we are not good at analyzing it. We have hired experts, to ensure we are an evidence-based corrections organization

 Molina: The Mayor appointed me, I can lead this jail out of Federal oversight. Give me and my team time - these tough decisions do not come easy. There was intentional disinvestment from 2015 to 2021.

Molina: In the past 11 months there are been 18 deaths. We are hiring a consultant. I am available for questions. Judge: The proposed stipulation that was filed last night invokes a power that is granted to the courts under 3626 of the Prison Litigation Reform Act

 Judge: Does the City agree, for purposes of hiring, there is currently a safety situation which is violative of the Constitution?  City's lawyer: Yes we make the admissions under the PLRA. Plaintiffs' lawyer: Since the Action Plan was enterered, 12 more have died.

Plaintiffs' lawyer: Violence is at such an astonishing rate, the record shows the City does not have control of its own jails. It's a five alarm fire, treated as the status quo. Areas of the jail unsupervised. People locked in forgotten intake cells

Plaintiffs' lawyer: A militarized Emergency Services Unit... The process has failed, ink spilled on countless plans. The characterization of receivership of re-setting plans misunderstands the equitable nature of this remedy

Judge: You point to LA and Chicago about receivers, isn't there a learning curve for a receiver? Plaintiffs' lawyer: We expect the City to collaborate with a receiver and to bring them up to speed...

 Judge: Can you give me examples? I'm trying to get a more concrete idea. Plaintiffs' lawyer: The action plan describes a software program, good, but... doors that actually lock? They delayed getting the ESU to wear body-worn cameras, the vests didn't allow it

 Plaintiffs' lawyer: There has not been discipline of staff or supervisors. Judge: Some of the reporting by the monitor indicate disciplinary backlogs moved.  Plaintiffs' lawyer: Investigation of use of force incidents show that 1/2 were referred for action- but no

Plaintiffs' lawyer: 70% of the dismissals can't be explained. This puts discipline in the hands of facilities that don't have the leadership to do the job. The City talks about suspension, 30 days- but there it's not being used for use of force. Only 6 in 3 months

 Lawyer for US Attorney / DOJ: If the Monitor is permitted to delay reporting until March 31, 2023, we'd like the City to report in early February. We need this data, on security lapses, failure to timely intervene, violence at GRVC, self harm incidents

DOJ lawyer: We do not intent to join the motion to appoint a received, if it is made - but we reserve the right to join a motion later. We'd like a status conference in February after we've received our reports.

NYC lawyer Kimberly Joyce: We will propose the facilities supervisors, previously known as wardens, can be hired from outside.

Judge: And the reporting? Anna Friedberg: Plaintiffs opposed it, the Government & City consented, we'd say conference after March 31

Plaintiffs' lawyer: We believe that a receiver would be in the interest of the City, given the political issues. Judge: What's the City's response? Molina: In 2016, I foresaw this. Now I've hired three Deputy Commissioners. It's a huge feat.

Molina: I have removed some Deputy Wardens. I have been action oriented. I am supported by Mayor Adams.  City's lawyer: Procurement is a supply chain issue. Only so many people make doors.

Monitor Martin - I am confident in my report. I will add one comment. Between Oct 8 and today I continue to see evidence that gives me confidence that gains are continuing to happen

Rikers Monitor Martin: Slashing and stabbings are down in GRVC. I'm not going to represent that I've seen the momentum that will be required. But I have seen something.  Debra Greenberger: There is no time to wait.

 Now the ruling(s) Chief Judge Swain: As to the request to commence motion practice for the appointment of a receiver, the Court would have to make findings including that it is the least intrusive means. Plaintiffs say the City has failed to make the jails safer...

Judge: The Court concludes that the Plaintiffs' class counsel has failed to make a sufficiently plausible case that appointment of a receiver at this time would comply with the PRLA. The court declines to set a briefing schedule

 Judge: Pursuing receivership now would be premature. The Court remains deeply concerned about the safety of all persons in custody at Rikers and the other City jails. Assuring reform at the quickest pace possible means this Court has to make hard choices.

Judge: The Court realizes there have been steps back and forth in the past six years but there are not indications of progress that the Court does not find appropriate to impede at this time. The Court will hold the defendants accountable to maintain progress.

 Judge: This is without prejudice to the plaintiffs re newing their request after the next monitor's report. Next conference is April 27, 2023 at 2 pm.  Plaintiffs' lawyer: Can we move for contempt? Judge: I viewed the 2 requests as related and holistic

 Judge: Bad faith would be required for contempt, and I have not heard evidence of . I eitncourage you to confer with the Department. Plaintiffs' lawyer: We have, & they tell us, Take it to Court. There is evidence they change information of when people left intake

Judge: The meet and confer must take place by December 2, with more specific information. If there is a need to go forward with a contempt motion, in the week of Dec 5 provide me with a joint status letter.

Adjourned.

Back on April 26 a conference took place between 2 pm and 4:15 pm - but by video. Inner City Press live tweeted it here:

SDNY Chief Judge Swain: This hearing is to give the parties a change to address the conditions.

NYC Commissioner Louis Molina is here, as ordered.

 Judge Swain: In response to the ongoing crisis at Rikers Island, we had two emergency meetings in 2021. Now this.

 Judge Swain: The Monitoring Team cites what it calls patently unsafe conditions in the jail. They say with each leadership change, the Department starts at zero. We are six years into the effort to make Rikers safe.

Judge Swain: Every single day people are in danger - people who are detained, and people who are employed. Let's hear from the monitor.

Monitor: My name in Steve Martin. On March 16 we filed a report on a troubling and patently unsafe jail. Monitor Martin: The only way for the City to maintain management of the jail is to immediately implement the Monitoring Team's recommendations. There are 5000 detainees and 7000 staff. Action is required.

 Deputy Monitor: We recommend cutting the red tape, the morass of convoluted bureaucracy. The City must take action to support the agency.  Commissioner Molina: Let me tell you about myself. I aim to create an atmosphere of discipline.

 Commisisoner Molina: The previous Administration was unwilling to use its authority. With the support of Mayor Adams, we have shifted five of eight facilities to eight hour shifts.

Judge Swain: So you are allowing in, with non profits, people who were previously in prison? Commissioner Molina: Yes. As mentors and navigators.

Plaintiffs' / prisoners' lawyer: In 2022 what has transpired constrains optimism. It's too little too late.

Plaintiff's / prisoners' lawyer: A receivership option is the table. We need to break the stalemate.

 A problem is diagnosed: the most senior Dept of Corrections staff are able to circumvent assignment to housing areas. Labor rules are blamed. "There are 100s of staff on extended sick leave who can't be assigned to housing area. What is the City going to do?"

 Judge Swain: This plan you keep referring to, I'd like to have it some days before the next conference.

Judge Swain: So the plan is due by May 17 at 3 pm, you then meet and confer and we'll have the next conference on May 24 from 2:30 to 4 pm. We are adjourned

The case is Nunez v. N.Y.C. Department of Correction, et al., 11-cv-5845 (Swain) 

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