Deadly Use of Excessive Force in New York Prisons

The tragic death of Robert Brooks in December 2024 has sparked the outrage among many New Yorkers and across social media. Body cam footage captured a brutal and fatal attack where officers beat Robert Brooks while he was handcuffed to an infirmary table. At the time of the incident, Mr. Brooks was incarcerated at Marcy Correctional facility located in Upstate New York, but since the publicization of the video, many activists and lawmakers are demanding the closure of the prison.

The incident was also particularly alarming to many prisoners’ rights attorneys who have unfortunately become very familiar with the frequent, excessive, and unconstitutional amount of violence that correctional officers use against incarcerated individuals on a daily basis. In fact, since the publicization of the violent attack against Mr. Brooks, attorneys at the Jacob Fuchsberg Law Firm have received an increasing number of reports of similar incidents at Marcy and other prisons in New York.

Unfortunately, incarcerated individuals are too often victims of violent attacks which can lead to serious injuries including paralysis, limb amputation, or even death, as Mr. Brooks’ case demonstrated. If you or a loved one have ever been a victim of a violent attack while incarcerated, contact the Jacob Fuchsberg Law Firm today to discuss your rights. Our Prison Rights Attorneys at the Jacob Fuchsberg Law Firm can help you hold the responsible parties accountable.

Trends at New York State Prisons Reveal Increase in Violent Attacks

Although prisons in New York are run by different entities including federal, state, county, and city entities, the New York State Department of Correction and Community Supervision (DOCCS) oversees the largest number of facilities in New York, including Marcy Correctional Facility where the tragic attack against Mr. Brooks took place.

In fact, according to a DOCCS fact sheet released in December 2024, despite the fact that the prison population has been declining for the past few years, assaults against incarcerated individuals have alarmingly increased by nearly two-thirds since 2022. In 2023, there was also a reported increase in assaults against incarcerated individuals, disruptive behavior, as well as weapons used by staff.

Other prisons in New York have also seen a surge in violent attacks within their facilities. For example, in a case involving Rikers Island, which is run by the New York City Department of Corrections, a judge stated that “the current rates of use of force, stabbings and slashings, fights, assaults on staff, and in-custody deaths remain extraordinarily high, and there has been no substantial reduction in risk of harm currently facing those who live and work in Rikers Island Jails.” Furthermore, MDC Brooklyn was recently the subject of an “interagency investigation” led by the Bureau of Prisons after being in the spotlight for increased reports of violence, contraband, and weapons at the facility

Violent Correctional Officers

It is imperative that abusive staff members be reported and held accountable for their wrongdoing. Too often, incidents are either not reported or swept under the rug by the facilities, causing staff members to feel emboldened and in certain instances escalate their behavior and target more individuals.

For example, in Mr. Brooks’ case, it was revealed that four of the fourteen officers involved in his death were already named in separate lawsuit for excessive use of force against another prisoner years prior to the assault. The Jacob D. Fuchsberg Law Firm has a history of holding officers accountable for their wrongdoing through lawsuits and getting justice for victims of this violence.

Violent Inmates

Tragic injuries also occur when there is improper supervision by staff, which leads to inmates or groups of inmates who have a violent history, targeting other individuals in the facility. Certain factors such as gang affiliation, the amount of time served in prison, or friendships with correctional officers can embolden inmates to engage in violent attacks against other inmates and even staff.

Even though inmates are supposed to be subject to constant supervision, correctional officers may neglect these duties, allowing inmates to engage in violent behavior. If a correctional officer notices that an individual has received many incident reports, it is important for them to monitor that individual closely to ensure that no one is wrongfully put at risk.

Laws Protecting Prisoners from Violent Attacks

Incarcerated individuals are entitled to constitutional protections under the 5th, 8th, and/or 14th Amendments of the Constitution. Specifically, the use of excessive force against a prisoner may constitute cruel and unusual punishment and violate these constitutional rights. See Hudson v. McMillian, 503 U.S. 1 (1992).

Reports of an officer or inmate’s prior history of violence, targeting individuals, or staff knowledge of the officer’s abuse can all be used to show a facility had knowledge or should have knowledge about a substantial risk posed to incarcerated individuals.

At the Jacob Fuchsberg Law Firm, our lead Prisoners’ Rights Attorney, Jaehyun Oh has experience successfully bringing claims forward against both the correctional officers responsible for an attack as well as the counties, cities, and state who had a constitutional obligation to protect the inmates.

• $1.2M Settlement reached on behalf of prisoner who committed suicide despite extensive calls for help. Our client was incarcerated at a DOCCS facility and made numerous pleas for psychiatric help during the month leading up to his death. Unfortunately, officers failed to appropriately respond to his suicidal ideation, and a few hours after he was discharged to a cell without monitoring, he tragically committed suicide.
• $999K Recovered on behalf on an inmate who suffered from life threatening neck trauma after being attacked by another inmate. Jaehyun Oh represented a prisoner who was attacked by another inmate while incarcerated at Rikers Island. After being attacked, our client made numerous pleas for help, which jail staff ignored for days. Due to the delayed treatment, our client suffered serious injuries and required extensive spine surgery.
• $787.5K Recovered on behalf of 29-year-old inmate who was attacked by a group of inmates who poured boiling water on him while he was sleeping. Our client suffered second and third degree burns on over 30% of his body when other inmates threw a trash can full of boiling water at him while he was asleep in his cell. Jaehyun Oh argued that for our client’s attackers to bring the water over from the kitchen, they would have had to walk past an officer’s station, where an officer must have been negligent to allow this to happen.
• $475K Obtained on behalf of a physician assistant who was held hostage by a known violent inmate for over two hours while officers watched. Lawsuit was brought against the correctional officers involved as well as the City Of New York and alleged that our client was deprived of his right to be free from state-created dangers. Jaehyun Oh successfully argued that by failing to intervene in the attack, the correctional officers affirmatively created or increased the risk of harm to our client by emboldening the inmate to escalate his violent behavior.

Prisoner’s Rights Attorneys in New York

Incarcerated individuals account for a significant portion of New York’s population. Prison and detention facilities in New York must be held accountable for their complicity in violent acts committed against inmates.

New York Prisoners’ Rights Attorneys at the Jacob Fuchsberg Law Firm can help you and your loved ones bring a claim for serious injuries suffered because of violent attack while incarcerated. Our Civil Rights Lawyers understand that pursuing a lawsuit is a difficult task and can help guide you through every step of the process

Contact a Prison Injury Attorney at the Jacob Fuchsberg Law Firm today to discuss your rights.

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