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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:

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...

DOJ lawyer: We do not intend 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.

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. 

 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 encourage 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.

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