Attorneys Allege Department Of Correction Isn't Providing Adequate Medical Care To Rikers Island Detainees
NEW YORK (CBSNewYork) -- From toothaches turning into infections to daily medications not being administered -- attorneys want the Department of Correction to be held in contempt, alleging it is not upholding judge's orders to provide adequate medical care to detainees on Rikers Island.
Even though Rikers is a city jail, detainees still have legal rights, including medical care, but Tyrone Greene says inconsistent access is impacting his heart condition and other ailments that require regular attention.
"It was a lot of things that I missed because they said there was no staff here to bring me to the clinic," Greene told CBS2's Aundrea Cline-Thomas over the phone.
Greene, who is being held on felony weapons possession charges, is among those named in a class action lawsuit against the Department of Correction where, in December, a judge sided with the claims, ordering the DOC to immediately address conditions.
"Nearly two months after that order, we know that the department has not resolved the problems," said Brooke Menschel, with Brooklyn Defender Services. "They are in contempt of the court's order and continuing to violate the law, and this has to be rectified immediately or people will continue to suffer and die."
In a statement, the DOC said, "Ensuring that people in our custody receive timely medical is and always has been a priority for the department."
But its own staff cited non-compliance.
In December, detainees were no shows for appointments more than 1,000 times -- all because security wasn't available to escort them, coinciding with ongoing absenteeism exacerbated by a vaccine mandate and a surge of the Omicron variant.
"Sixteen people have died in the department's custody over the last year," said Phil Degranges, with the Legal Aid Society. "The government, they're trying to hold people accountable for their own potential crimes, are themselves violating the law, just breeds, I think, this atmosphere that no one cares about them."
Now, the Brooklyn Defenders, Legal Aid and other attorneys are headed back to court, this time hoping a judge demands accountability by issuing fines every time the DOC fails to provide timely access to care.
"I'm just trying to make it, hoping I don't die in here," Greene said.
Greene says it's life or death as he waits for his case to go through the legal system.
Inmate advocates say this issue highlights the crisis and is another reason to decrease the jail population on Rikers. Thursday, a judge will hear arguments from all sides.