Verdicts and Settlements for New York Prisoner Suicide Cases

Suicide in jails and prisons remains a serious and persistent issue across New York. A New York prisoner suicide lawyer may be able to help families who are left with unanswered questions after a loved one dies by suicide in custody. Many of these deaths involve people with known mental health needs, prior suicide attempts, or obvious warning signs that were ignored by staff. For families, the grief is compounded by frustration, confusion, and a sense that more could have been done to prevent the tragedy.

Legal claims following an in-custody suicide are difficult but important. When prison officials fail to follow proper mental health protocols or disregard clear risks, families may seek justice through civil lawsuits. These cases help hold institutions accountable and can provide financial support for those left behind. A New York prisoner suicide lawyer can explain the legal process and help preserve critical evidence.

New York has seen several significant verdicts and settlements in cases involving suicide or serious injury resulting from staff negligence.

• $28.75 million settlement (2024): The City of New York agreed to pay $28.75 million to resolve claims brought on behalf of Nicholas Feliciano, a teenager who attempted suicide while detained at Rikers Island in 2019. Video footage showed correction officers watching for nearly eight minutes as Feliciano hung from a fixture in his cell. He survived the attempt but suffered permanent brain damage. This was one of the largest pre-verdict settlements in New York City history.
• $3.8 million settlement (2015): Jason Echevarria died in 2012 at Rikers Island after ingesting a toxic cleaning agent and being denied medical attention. While not a suicide, the case highlighted similar staff failures. His family received a $3.8 million settlement from the city.
• $3.3 million settlement (2019): Kalief Browder’s estate received a $3.3 million settlement from the City of New York. Browder spent three years at Rikers Island, much of it in solitary confinement, without being convicted. He died by suicide after release. Although his death occurred outside of custody, the conditions of his confinement and the lasting psychological harm were central to the claim.
• $2 million settlement (2013): In Estate of Oswald Livermore v. City of New York, No. 1:08-cv-00994 (S.D.N.Y.), the family of Oswald Livermore received a $2 million settlement. Livermore died in jail after showing signs of alcohol withdrawal that went untreated. The case demonstrated how staff failure to recognize and respond to serious medical risks can result in liability.
• $1.2 million settlement (2023): The estate of a 37-year-old incarcerated man received a $1.2 million settlement after he died by suicide following multiple requests for psychiatric care. Despite disclosing a prior suicide attempt and expressing suicidal thoughts, he was discharged from a mental health unit and returned to the general prison population without proper treatment. The lawsuit claimed that correctional staff and medical providers failed to classify him as a suicide risk and ignored clear warning signs.

Courts allow different types of claims depending on the circumstances of the death and who is bringing the lawsuit. If a client came to us after losing a loved one in custody, we would identify every available category of compensation and gather evidence to support each one. Every case is different, but compensation is often based on the following categories:

• Wrongful death damages: These are brought by surviving family members for financial losses caused by the person’s death. That includes lost wages the person would have earned, funeral and burial expenses, and the value of services they provided to the household, such as cooking, cleaning, or childcare. When we handle a wrongful death claim, we always take time to understand the full impact the person’s death had on the family’s financial stability. We often bring in economic experts to help calculate these losses based on the person’s age, health, job history, and family responsibilities.
• Survival action damages: Survival damages are different from wrongful death damages. They do not compensate the family for their own loss, but instead allow the estate to recover for what the person experienced before death. In prisoner suicide cases, this often includes physical and emotional pain between the time of the suicide attempt and the time of death. If a client came to us following the death of their loved one, we would take careful steps to determine whether the decedent was aware of what was happening and suffered during that period. We would start by reviewing medical records and autopsy reports to assess consciousness and injury patterns. We would also examine incident reports, video footage, and witness statements to understand how long the person survived after the attempt and whether they showed signs of distress. In some cases, we work with medical experts to evaluate whether the person likely experienced pain or awareness in the time leading up to their death.
• Punitive damages: In cases filed under 42 U.S.C. § 1983, punitive damages may be available if the conduct was particularly reckless. These are not awarded in every case, but if prison staff ignored obvious suicide warnings or violated basic protocols, we would pursue them. If a client came to us and we found evidence that jail staff acted with blatant disregard for safety, we would make punitive damages a priority. We always look at whether protocols were knowingly ignored and whether that conduct warrants punishment beyond compensation.

When a New York prisoner suicide lawyer from our office evaluates a case, we look beyond the immediate harm. We work to understand the long-term financial and emotional effects on the family and the circumstances leading up to the suicide. This careful analysis helps us make sure the compensation reflects both the preventable loss and the full impact on the surviving family members.

Courts and juries decide how much to award in prisoner suicide cases by carefully reviewing the facts related to each category of damages. These decisions are based on both measurable financial losses and the human impact of the death. If a client came to us, we would focus on presenting clear, organized evidence that helps a jury understand exactly what was lost and why compensation is warranted.

• Wrongful death damages: To determine the amount of wrongful death damages, we document the financial losses caused by the person’s death. In prisoner suicide cases, this often involves a different analysis than in other wrongful death claims. If the decedent was incarcerated at the time of death, we examine the length of their sentence, parole eligibility, and any realistic possibility of release. If a client came to us and their loved one had a limited sentence and a strong work history before incarceration, we would gather employment records, tax returns, and job certifications to show what their future earnings could have been upon release. We also document the value of services the person provided to the household before incarceration or would likely have resumed after release. Funeral and burial costs are supported by receipts. If the person supported dependents before prison, we show how their death affected the family’s long-term financial stability, even if they were not contributing income at the time of death. We work with economic experts to ensure juries understand the full picture.
• For survival damages, To determine how much we would demand for survival damages, we gather information to show what the person experienced between the suicide attempt and death. During discovery, we would request medical records, autopsy reports, incident reports, surveillance footage, and witness statements. We use these materials to assess whether the person was conscious, how long they survived after the attempt, and what they likely experienced during that time. We also consult with medical experts to interpret injury patterns and provide opinions about pain and awareness. If the evidence shows that the decedent experienced extreme physical or emotional suffering, even for minutes or hours, we would demand an amount proportionate to that suffering. The more severe or prolonged the experience, the higher the amount we would seek on behalf of the estate.
• Punitive Damages – To support a claim for punitive damages, we present evidence that correctional staff or medical providers willfully ignored suicide prevention protocols. This can include failing to conduct mandatory checks, ignoring obvious signs of suicidal behavior, or placing someone with a known suicide risk in isolated confinement without proper monitoring. During discovery, we obtain internal policies, incident reports, training records, and staff disciplinary histories to show that the defendants knew the risks and chose not to act. If a client came to us and we found clear signs of deliberate indifference, such as ignoring repeated cries for help, we would argue that punitive damages are necessary to punish that misconduct and deter others from doing the same. When appropriate, these damages are often substantial because they are meant to hold institutions accountable and send a clear message that such conduct is unacceptable.

A New York prisoner suicide lawyer from our office builds each case by connecting these pieces. Our goal is to present a full picture of what happened, how it could have been prevented, and the true extent of the loss for those left behind. This level of preparation positions us to demand the maximum compensation the law allows.

The legal theories that support prisoner suicide claims generally fall under both federal and state law. When a client comes to us after the suicide of a loved one in custody, we evaluate all possible legal grounds for holding the facility accountable. New York prisoner suicide lawyers typically pursue claims based on the following:

• Federal civil rights violations under 42 U.S.C. § 1983: The legal theories that support prisoner suicide claims often include a civil rights action under 42 U.S.C. § 1983. If the decedent was serving time after a conviction, we analyze whether prison staff acted with deliberate indifference to a known suicide risk. That means we review suicide watch logs, medical and mental health records, incident reports, and staff communications to determine if anyone failed to act on clear warning signs. The Eighth Amendment prohibits cruel and unusual punishment, which includes ignoring serious mental health needs. In Estelle v. Gamble, 429 U.S. 97 (1976), the Supreme Court confirmed that failure to treat serious medical conditions, including psychiatric care, violates the Constitution. If a client came to us and their loved one died in prison after showing signs of distress or previous attempts, we would examine whether staff disregarded those risks or left the person in unsafe conditions. If the decedent was a pretrial detainee, the Fourteenth Amendment applies. Under that standard, staff do not have to intend harm for liability to attach—only that their conduct was objectively unreasonable. In Darnell v. Pineiro, 849 F.3d 17 (2d Cir. 2017), the Second Circuit held that pretrial detainees may prevail by showing that jail staff failed to act in a way a reasonable professional would. For example, if a detainee had a history of suicide attempts and staff failed to increase observation, removed them from suicide watch prematurely, or ignored obvious red flags, we would argue that those actions violated the Constitution. We would collect intake screenings, surveillance footage, logs of watch removals, and expert testimony to support that position. In both types of cases, a New York prisoner suicide lawyer from our team would use discovery to obtain suicide prevention protocols, training manuals, disciplinary records, and evidence of prior suicides in the facility. If the facts show that staff neglected their responsibilities and failed to prevent a foreseeable death, we would file a § 1983 civil rights claim. A central concept in § 1983 cases is deliberate indifference. In Farmer v. Brennan, 511 U.S. 825 (1994), the Supreme Court explained that prison officials are deliberately indifferent when they know of a substantial risk to an inmate’s safety and fail to take reasonable steps to prevent harm. This standard requires showing that staff had actual knowledge of the risk. Knowledge can be proven through inmate statements, prior suicide attempts, mental health assessments, or clear signs of distress. Once aware of the risk, staff must take appropriate action. Ignoring suicidal statements, failing to conduct proper checks, or violating suicide prevention policies may all support a finding of deliberate indifference.
• State wrongful death claim under EPTL § 5-4.1: We also file a claim under New York's wrongful death statute. This allows the estate to recover damages when the death was caused by negligence. We gather evidence that jail officials failed to protect the person despite known suicide risks. That includes analyzing intake screening results, prior suicide attempts, and whether protocols were followed. We focus on showing how the facility’s breach of duty led directly to the death.

Each of these legal theories requires detailed investigation and strong documentation. When it comes to cases involving abuse or neglect of prisoners, our team builds the strongest possible case by gathering incident reports, training records, mental health evaluations, and surveillance footage. We then present these facts clearly to demonstrate that the suicide was preventable and that the facility must be held accountable.

Qualified immunity affects prisoner suicide cases by shielding jail or prison staff from being held personally liable under § 1983 unless their conduct violated a legal right that was clearly established at the time. In other words, even if a staff member made a serious error in judgment, they may not be held accountable unless a prior court decision had already made it clear that their specific actions were unconstitutional.

As prisoner suicide attorneys serving New York, one of the first things we do when evaluating a potential § 1983 claim is assess whether qualified immunity might be raised as a defense. We examine whether there are prior cases with similar facts that found similar conduct unlawful. If so, we use those cases to show the staff should have known their actions were wrong.

If a client came to us following a suicide in custody, and the staff failed to check on the person despite repeated warnings or ignored signs of distress, we would argue that the risk was so obvious that staff did not need a court ruling to understand what they were supposed to do. We support this argument by collecting evidence such as:

• Staff training records showing awareness of suicide prevention duties
• Internal protocols that were ignored or violated
• Prior complaints or incidents involving the same facility
• Expert opinions on standard correctional mental health care

Our goal is to show that, in this specific situation, the need to act was so clear that qualified immunity should not apply. When appropriate, we fight to ensure this defense does not block our clients from seeking justice.

The deadlines for filing a prisoner suicide lawsuit vary depending on the type of legal claim. Our approach to prisoner suicide cases would be to immediately calculate the timeline for each cause of action and take steps to preserve the family’s right to sue.

• Wrongful death claims (EPTL § 5-4.1): Under New York law, the statute of limitations for a wrongful death claim is two years from the date of death. This deadline applies whether the death occurred in jail, prison, or another facility.
• Survivor claims (EPTL § 11-3.2(b)): A survivor claim allows the estate to seek damages for what the person experienced between the suicide attempt and their death, such as pain, fear, or emotional distress. These claims are preserved under EPTL § 11-3.2(b) and are subject to the three-year statute of limitations for personal injury actions set by CPLR § 214(5). The clock usually starts on the date of the injury, which in suicide cases is often the same day as death, but if the person survived for a period, the timeline may begin earlier.
• Federal civil rights claims (§ 1983): Families bringing §1983 claims must generally do so within two years from the date of death. These claims may run concurrently with state wrongful death and survivor claims. We handle all filings to ensure that nothing is missed.
• Notice of claim (against public entities): When a client approaches us about a prisoner suicide or any other type of prisoner abuse case, we immediately examine the timeline. A public entity like the New York City Department of Correction is almost always a defendant in these cases. That means a Notice of Claim must be filed, and there is an extremely short window to do that. Under New York law, families must file a notice within 90 days of the date of death in order to preserve state law claims such as wrongful death and survivor claims. If this deadline is missed, those claims may be permanently lost. This requirement does not apply to federal claims under § 1983, but many prisoner suicide cases involve both federal and state law claims. As prisoner suicide attorneys in New York, we act quickly to file the notice and ensure all claims remain viable.

In prisoner suicide cases, acting quickly is critical. Facilities may routinely erase surveillance videos, destroy medical logs, or purge emails unless a litigation hold is in place. When a client comes to us, we send immediate preservation notices and file early claims to prevent the loss of key evidence. Missing even one deadline can prevent your family from recovering damages.

If your loved one died by suicide while in custody in New York, contact Stephen Bilkis & Associates right away. We will investigate the circumstances, determine whether you have a viable claim, and fight to recover the maximum compensation available under the law. Our team has experience handling complex wrongful death cases and knows what it takes to hold correctional facilities and staff accountable.

Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Bronx, Brooklyn, Long Island, Manhattan, Westchester County, Nassau County, Queens, Staten Island, and Suffolk County.