U.S. District Choose Laura Taylor Swain on Thursday rejected town’s movement to rethink or reverse her choice to nominate an out of doors supervisor with broad powers to run metropolis jail operations.
The town’s movement within the landmark class motion case Nunez vs. Metropolis of New York argued {that a} report from the federal monitor issued in Might confirmed sufficient progress in reforming the jails that both no exterior takeover was wanted or that sitting Correction Commissioner Lynelle Maginley-Liddie needs to be given the spot.
However Swain dominated the monitor’s report didn’t represent new proof since a lot of the fabric had already been thought of earlier than she made her choice in Might.
“Defendants are not entitled to ‘take a second bite at the apple’ by repackaging evidence that the Court already considered,” Swain wrote.
The 317-page monitor report issued Might 22 mentioned the New York Metropolis Division of Correction was exhibiting “some momentum in various areas.”
“While key metrics continue to reflect high rates of violence and other serious incidents, progress in certain areas has been occurring and must be acknowledged,” the report mentioned.
The town’s movement claimed the report “confirms the continued successes of the Commissioner in moving DOC toward compliance.”
Swain famous, nevertheless, “While it is true, for example, that many indicators of (uses of force) and violence decreased slightly in the latter half of 2024when compared to the first half, those rates are still significantly higher than the already unconstitutional levels present in 2016 when Defendants entered into the Consent Judgment.”
The Nunez case was filed in 2011 by a former Rikers detainee Mark Nunez and expanded into a category motion on behalf of all detainees alleging town had lengthy failed to handle widespread violence and improper makes use of of power by jail employees. The Justice Division later joined the case on the plaintiffs aspect.
In 2015, town settled the case resulting in the institution of the federal monitor answerable for monitoring violence and use of power within the system and making suggestions. In November 2024, after 9 years of largely damning studies, Swain discovered town in contempt of courtroom orders issued within the case.
In Might, Swain determined the one resolution was the appointment of an out of doors “manager” with broad powers. Some 30 folks whose identities haven’t been revealed have utilized for the place. Swain has but to decide on the candidates.
