On October 8th, Brooklyn Defender Services issued a public statement regarding the infamously unacceptable conditions inmates are currently forced to endure at Rikers Island. In the statement, the agency sharply condemned the New York City Department of Corrections (DOC) for its failure to appropriately provide mental health treatment to incarcerated inmates.
This report is a good step forward in light of recent unverified reports. These reports alleged that incarcerated inmates with mental illnesses are regularly denied the essential care they need.
The report further stated that these individuals were often “locked in.” As you can imagine, this type of treatment towards vulnerable inmates is likely to worsen any pre-existing conditions.
The recent statement by the Brooklyn Defender Services explained that they took action against the DOC years ago. A class action lawsuit was filed almost three years ago over the failure to properly issue medical and mental health care to inmates in need. Despite this lawsuit, the situation at the facility has only gotten worse.
This issue requires immediate attention. Almost half of the inmates housed at Rikers Island have diagnosed mental illnesses, so the systematic denial of care is not only unjust but completely immoral. The report states that the mental health units in the facility aren’t being used as intended but instead are used as lock-in rooms for the most vulnerable of inmates. This is a complete violation of city rules and inmate’s rights.
The Brooklyn Defender Services statement offers one remedy – completely shut down Rikers Island.
At this point, conditions have become so poor that there is no other remedy.
Understanding the Rights of the Incarcerated
When a person gets convicted of a crime, they do lose some rights but not all of them! The 8th Amendment specifically protects inmates from excessive bail, fines, and cruel and unusual punishments. When an inmate is denied medical attention or the mental health treatment they deserve, that could be considered a violation of their right to be free from cruel punishments. It’s also very easy to make the argument that a “lock-in” session for a mentally ill person in distress is also cruel punishment.
If you or someone you love is currently locked up in Rikers or a similar facility and they’re experiencing treatment that might violate their rights, then it’s crucial to consider reaching out to an attorney as soon as possible!
A quality attorney will quickly get to work on identifying whether your situation warrants an investigation and potential lawsuit. If your rights were violated, then that could also potentially impact your criminal sentence. Depending on the impact and severity of the violation, a judge may be more likely to sentence you to serve out house arrest or a similar alternative rather than send you back to the same facility that harmed you.
If you’re in Brooklyn or a nearby area, then our firm wants to hear more about what happened to you or your loved one. Schedule a call now to discuss your situation in more detail with our legal team.