Failure to Protect Rikers Detainees from Violence

At Stephen Bilkis & Associates, founder Stephen Bilkis brings more than 20 years of experience representing injured victims to the firm’s work on behalf of Rikers Island detainees. Through our years of representing people injured at Rikers Island, we have seen firsthand the devastating injuries that can result when correction officials fail to protect detainees from violence. People held at Rikers have limited ability to protect themselves because they generally cannot choose where they are housed, who they are housed with, or when they are moved within the facility. They depend on correction officers and other jail officials to take reasonable steps to protect them from foreseeable violence.

If you or someone you love was seriously injured because correction officials failed to provide reasonable protection from violence, you may be entitled to financial compensation. An experienced Rikers Island failure to protect detainees from violence lawyer from Stephen Bilkis & Associates can investigate what happened, including what correction officials knew about the risk, how they responded, and whether reasonable steps could have prevented the assault.

Mr. Bilkis has been to Rikers Island and has firsthand familiarity with its internal operations, including its chain of command, correctional procedures, and recordkeeping systems. He has been selected as a Super Lawyer, earned an Excellent rating from Avvo, been recognized as a Top-Rated Lawyer by Justia, and has received recognition from Expertise.com and TopLawyer.com. Contact Stephen Bilkis & Associates at 800.696.9529 for a free, no-obligation consultation.

What Types of Violence Occur at Rikers Island?

Violence at Rikers Island can occur almost anywhere within the facility, including housing units, recreation areas, medical clinics, intake areas, transportation vehicles, and common areas. We recognize that correction officials cannot prevent every unexpected assault. However, when we review a case, we look closely at what jail officials knew before the violence occurred, what they did in response, and whether reasonable steps could have been taken to reduce the risk or prevent the assault.

Examples of violence that may result in a legal claim include:

• Assaults by Other Detainees: Physical attacks involving punches, kicks, choking, or other acts of violence committed by another detainee.
• Stabbings and Slashings: Assaults involving homemade weapons, often called “shanks,” that can cause severe or fatal injuries.
• Gang-Related Violence: Attacks involving gang activity, retaliation, or known conflicts between detainees that correction officials failed to address.
• Sexual Assaults: Sexual abuse committed by another detainee or by a correction officer or other staff member. Depending on the circumstances, these cases may involve both civil rights claims and other legal claims.
• Assaults by Correction Officers: The unnecessary or excessive use of force by correction officers or other staff members. These incidents may also involve corrections officer misconduct injuries.
• Group Assaults: Incidents in which multiple detainees attack a single individual, particularly when correction staff fail to intervene in a timely manner.

No one should be subjected to preventable violence while in custody. Although not every assault results in a legal claim, we look closely at cases where correction officials knew about a risk of violence but failed to take reasonable steps to protect the detainee, as well as cases where officers failed to respond appropriately once an assault began. If you or someone you love was injured under these circumstances, our experienced Rikers Island failure to protect detainees from violence lawyer can investigate what happened and help you pursue compensation for the harm that resulted.

When Can the Failure to Protect Lead to Legal Liability?

One thing we want to make sure every client understands is that not every assault at Rikers Island results in legal liability. Correction officials are not expected to predict every spontaneous fight or prevent every act of violence. However, we carefully review the facts and evidence to determine whether correction officers failed to take reasonable steps to protect a detainee when they knew, or when the risk of serious harm was obvious under the circumstances.

Whether correction officers can be held responsible depends on what happened and whether they took reasonable steps to protect the detainee. Some situations that may support a failure to protect claim include:

• Ignoring Threats or Requests for Protection: A detainee may tell correction staff that someone has threatened them, ask to be moved to protective custody, or otherwise make it clear that they are in danger. If staff fail to take reasonable steps to protect the detainee and an assault follows, we can investigate how the warnings were handled and why appropriate action was not taken.
• Failing to Separate Detainees: Past fights, gang involvement, threats, or other conflicts may indicate that two detainees should not be housed together. Because of our experience with Rikers Island cases, we know that housing and classification records can provide important information about what correction officials knew about a conflict and why the detainees were not separated.
• Poor Supervision: Correction officers are responsible for monitoring housing units, recreation areas, and other parts of Rikers Island. If inadequate supervision allowed an assault to happen or continue, we can examine staffing records, surveillance video, incident reports, and other evidence to determine what was happening in the area at the time.
• Ignoring a Detainee’s History of Violence: A detainee who has previously assaulted others or has a documented history of violent behavior may present a known risk to others. It has been our experience that reviewing disciplinary records and prior incidents can help establish what correction officials knew about that history and what precautions, if any, were taken.
• Failing to Intervene During an Assault: Correction officers who see an assault or become aware that one is taking place cannot simply ignore it. Depending on the circumstances, we may examine surveillance video, witness accounts, and incident reports to determine how quickly officers responded and what they did to stop the attack.
• Unsafe Classification or Housing Decisions: Decisions about where detainees are housed can have serious safety consequences. If a detainee was placed in a housing unit despite known threats, conflicts, or other safety concerns, our investigation may focus on why that placement was made and whether available information should have led to a different decision.

Federal courts have long recognized that people in custody have a constitutional right to reasonable protection from violence. In Farmer v. Brennan, 511 U.S. 825 (1994), the United States Supreme Court held that prison officials may be held liable when they know that someone faces a substantial risk of serious harm but fail to take reasonable steps to protect them. If a client came to us with a failure to protect claim, we would want to know what correction officials knew before the assault, how they learned about the danger, and what they did after becoming aware of it. We would also investigate whether reasonable steps could have been taken to prevent the assault. An experienced Rikers Island failure to protect detainees from violence lawyer can use this information and other evidence to determine whether correction officials may be held legally responsible.

What Injuries Can Result from Violence at Rikers Island?

Violence at Rikers Island can cause a wide range of injuries, from relatively minor wounds to life-changing or fatal injuries. The specific injuries often depend on the type of assault, whether a weapon was used, and the amount of force involved. Attorneys working with our office have obtained millions of dollars in verdicts and settlements for Rikers Island detainees, with much of that compensation awarded for serious injuries resulting from violence at the facility. These cases have given us firsthand experience with the serious physical and emotional harm that violence at Rikers Island can cause.

Examples of common injuries include: 

• Traumatic Brain Injuries: In our experience, injuries to the head and brain are among the most common injuries suffered by detainees who are assaulted at Rikers Island. Blows to the head can cause concussions or more serious traumatic brain injuries, which may result in headaches, dizziness, memory loss, difficulty concentrating, personality changes, or other long-term problems.
• Broken Bones: Violent assaults can cause broken arms, legs, ribs, hands, facial bones, or other fractures. Some injuries may require surgery, physical therapy, or months of recovery.
• Stab and Puncture Wounds: We know that shanks and other homemade weapons are not uncommon at Rikers Island. Shanks are extremely dangerous and can cause serious or even fatal injuries. Those who survive a stabbing may suffer deep puncture wounds, nerve damage, damage to internal organs, significant blood loss, and permanent scarring.
• Facial and Dental Injuries: Violent assaults can result in broken teeth, broken jaws, facial fractures, eye injuries, permanent scarring, or disfigurement. Some victims may require reconstructive or other dental and facial surgery.
• Spinal Cord and Neck Injuries: Assaults can cause serious injuries to the neck or back, resulting in chronic pain, limited mobility, nerve damage, or, in severe cases, partial or complete paralysis.
• Psychological Injuries: The emotional effects of a violent assault can last long after physical injuries have healed. Victims may experience anxiety, depression, post-traumatic stress disorder (PTSD), sleep problems, or an ongoing fear of being attacked again.
• Wrongful Death: Tragically, some assaults at Rikers Island result in fatal injuries. Our work is not limited to representing injured detainees. We also represent families and personal representatives seeking compensation when a loved one dies because correction officials failed to provide reasonable protection from violence.

What Evidence Can Help Prove a Failure to Protect Claim?

Because of our experience representing detainees at Rikers Island and our familiarity with the inner workings of the facility, we have been able to gather evidence showing when Rikers officials were responsible for injuries suffered by our clients. Proving that correction officials failed to protect a detainee from violence usually requires more than showing that an assault occurred. We also need evidence showing what jail officials knew about the risk of violence, when they knew it, and what they did or failed to do to protect the detainee. The following types of evidence can help us establish what happened and who may be legally responsible.

Evidence that may help support a failure to protect claim includes:

• Department of Correction incident reports.
• Housing assignments, classification records, and transfer records.
• Grievances, requests for protective custody, and written complaints.
• Surveillance video from housing units, hallways, recreation areas, transportation vehicles, and other locations.
• Medical records documenting the injuries sustained during the assault.
• Witness statements from detainees, correction officers, medical personnel, or other staff.
• Disciplinary records involving the attacker or other individuals involved in the incident.
• Internal investigations conducted by the Department of Correction or other government agencies.
• Photographs of injuries, damaged clothing, or the scene of the assault.
• Telephone recordings, letters, text messages, or other communications documenting threats or requests for protection.

With our clients, we take prompt steps to identify, request, or subpoena evidence controlled by the Department of Correction and other government agencies. Because surveillance video, incident reports, housing records, and other evidence may not be preserved indefinitely, it is important to act quickly. Mr. Bilkis has been to Rikers Island and is familiar with the facility’s internal operations, recordkeeping practices, chain of command, and institutional procedures. An experienced Rikers Island failure to protect detainees from violence lawyer can use that knowledge to help identify and obtain evidence before it is lost or destroyed.

What Compensation May Be Available?

We understand that when clients come to us after being injured at Rikers Island, one of their primary concerns is whether they can receive financial compensation for what happened to them. Attorneys working with our office have obtained multimillion-dollar settlements and verdicts for Rikers Island detainees who suffered serious injuries, including injuries caused by violence. However, it is important to understand that the amount of compensation available in any particular case depends on the severity of the injuries, how those injuries have affected the person’s life, and the legal claims that can be pursued.

Depending on the circumstances, compensation may include:

• Medical Expenses: The cost of emergency treatment, surgery, hospitalization, rehabilitation, physical therapy, mental health treatment, medications, and future medical care related to the injuries.
• Lost Income and Reduced Earning Capacity: Compensation for wages lost because of the injuries and, when applicable, the loss of future earning ability caused by permanent disabilities.
• Pain and Suffering: Compensation for the physical pain, emotional distress, mental anguish, and diminished quality of life resulting from the assault.
• Permanent Disability or Disfigurement: Compensation for permanent impairments, paralysis, loss of function, scarring, or other lasting physical injuries.
• Wrongful Death Damages: If a detainee dies because correction officials failed to provide reasonable protection, certain surviving family members may be able to recover damages permitted under New York law.
• Punitive Damages: In limited circumstances involving particularly egregious or reckless misconduct, punitive damages may be available in certain federal civil rights cases to punish wrongful conduct and deter similar behavior in the future.

Every case is different, and past results do not guarantee a similar outcome. However, lawsuits involving violence at Rikers Island have resulted in significant settlements and verdicts in appropriate cases. For example, in Small v. N.Y. City Dep’t of Corr., No. 1:09-cv-01912-RA-SDA (S.D.N.Y.), a federal jury awarded $1.5 million to a Rikers Island detainee who was assaulted after correction officers failed to protect him from targeted violence. In another case, the City of New York agreed to pay $3.5 million to settle claims brought by 12 detainees in Nunez v. City of New York, No. 1:11-cv-05845-LTS-JCF (S.D.N.Y.), who alleged that they suffered serious injuries from beatings and other physical abuse by correction officers. These examples show that substantial compensation may be available when unlawful conduct causes serious injuries to people detained at Rikers Island.

If you were seriously injured because correction officials failed to protect you from violence at Rikers Island, an experienced Rikers Island failure to protect detainees from violence lawyer can determine whether you may be entitled to financial compensation. Acting promptly can also help preserve surveillance video, housing records, incident reports, witness statements, and other evidence that may be important to your claim.

How Long Do I Have to File a Lawsuit?

One thing we never want to see is a client lose the opportunity to seek financial compensation simply because a filing deadline was missed. The amount of time you have to file a lawsuit after being injured because jail officials failed to protect you from violence at Rikers Island depends on the type of legal claim involved. Missing an important deadline can prevent you from recovering compensation, even if your claim has merit. An experienced Rikers Island failure to protect detainees from violence lawyer can determine which deadlines apply to your case.

Important filing deadlines may include:

• New York State Law Claims Against the City: Correction officers and many other individuals who work at Rikers Island are employees of the City of New York. As a result, if their negligence contributed to your injuries, you may have legal claims not only against the individual employee but also against the City itself. In many cases, pursuing those state law claims requires serving a Notice of Claim within 90 days of the incident. Additional deadlines apply before a lawsuit can be filed. Failing to serve the Notice of Claim on time will likely prevent you from pursuing those state law claims, even if they otherwise have merit.
• Federal Civil Rights Claims (42 U.S.C. § 1983): In some cases, a failure to protect a detainee from violence is more than negligence. It may also violate the detainee’s constitutional rights. If you pursue a federal civil rights claim based on jail officials’ failure to protect you, you generally do not have to serve a Notice of Claim. Instead, these claims are generally subject to a three-year statute of limitations in New York.

Although these deadlines may seem straightforward, determining which claims apply can be complicated. We encourage clients to contact us as soon as possible, not only because missing a filing deadline could prevent them from pursuing compensation, but also because important evidence can disappear over time. Surveillance footage may be erased, records may become more difficult to obtain, and witnesses may become harder to locate. An experienced Rikers Island failure to protect detainees from violence lawyer can take prompt steps to protect your right to file a claim and preserve the evidence needed to support it.

Frequently Asked Questions

Contact Stephen Bilkis & Associates

If you or someone you love was seriously injured because correction officials failed to protect them from violence at Rikers Island, you deserve answers about how the assault happened, whether it could have been prevented, and who may be legally responsible. An experienced Rikers Island failure to protect detainees from violence lawyer at Stephen Bilkis & Associates can investigate the circumstances surrounding the incident, identify the evidence needed to support your claim, and help you pursue the compensation you may be entitled to.

Stephen Bilkis founded Stephen Bilkis & Associates to help individuals and families pursue justice after serious injuries. His work has been recognized through selection to Super Lawyers, an Excellent rating from Avvo, recognition as a Justia Top-Rated Lawyer, honors from Expertise.com, and recognition by TopLawyer.com. Through his firsthand visits to Rikers Island, Mr. Bilkis has gained familiarity with the facility’s internal operations, including its correctional procedures, recordkeeping systems, and chain of command.

If you or someone you love was injured because correction officials failed to protect them from violence at Rikers Island, contact us today at 800.696.9529 to schedule a free, no-obligation consultation. We represent clients throughout New York City, Long Island, Westchester County, Nassau County, Suffolk County, and surrounding New York communities.