Home All 50 US States All USA Updates Minute by Minute Lawsuit alleges guards repeatedly and casually assaulted New York prisoner leading to death.

Lawsuit alleges guards repeatedly and casually assaulted New York prisoner leading to death.

0
Lawsuit alleges guards repeatedly and casually assaulted New York prisoner leading to death.

ROCHESTER, N.Y. — In a federal lawsuit filed on Wednesday, the son of an inmate who died following a severe beating by prison guards in New York has alleged that his father’s assailants “systematically and casually beat him to death” within a penal system that permits violent behavior.

Robert L. Brooks Sr., 43, passed away on December 10, a day after the brutal incident at Marcy Correctional Facility located in upstate New York. The lawsuit highlights body camera footage depicting “several large white law enforcement officers torturing a bloodied Black man who is restrained, helpless, and struggling to maintain consciousness.” This assault is reported to have lasted around ten minutes, with officers using a shoe to strike the handcuffed Brooks in the chest and lifting him by the neck only to let him fall, while other staff members present appeared to show no concern for the situation.

His son, Robert L. Brooks Jr., has taken legal action against a group of over a dozen guards involved in the incident, the then-superintendent of the facility, as well as the commissioner of the state Department of Corrections and Community Supervision.

At a news conference, Brooks Jr. expressed his desire for his father’s name to be remembered for more than just the tragic circumstances of his death. “I want the name Robert L. Brooks to be known forever and not just for his last final moments,” he stated, describing the feeling of helplessness while viewing the footage. He articulated the importance of making the realities of such violence in the prison system visible to the public, noting that it has the potential to instigate necessary change.

The lawsuit seeks unspecified damages and asserts that the defendants employed excessive force while failing to address Brooks’ severe medical needs, alleging gross negligence and wrongful death. Since New York state is immune from civil rights lawsuits in federal court, the legal team representing the family plans to initiate an additional suit against the state in the Court of Claims.

The family’s attorneys have indicated that the corrections officers likely did not anticipate the video being made public, calling it a clear indicator of the “rampant abuse” present at the facility. Attorney Steve Schwarz remarked on the situation: “What troubles us the most is that this is the tip of the iceberg, we think, and that’s why we’re very interested in digging deeper.”

Furthermore, the family is still awaiting answers concerning the reason for Brooks’ transfer to Marcy Correctional Facility earlier that day and the events leading up to the assault. Brooks had been serving a 12-year sentence for assault and had already completed nine years of his term.

A representative from the state Department of Corrections and Community Supervision noted that they refrain from commenting on ongoing litigation. In the meantime, New York’s attorney general has appointed a special prosecutor to look into Brooks’ death. Onondaga County District Attorney William Fitzpatrick is now in charge of the investigation after Attorney General Letitia James stepped aside, citing her office’s involvement in representing some officers in different civil cases.

While the results of Brooks’ autopsy have yet to be released, preliminary medical findings have raised concerns regarding potential asphyxia caused by neck compression, suggesting that his death was a result of actions taken by others. The lawsuit states that the beating was the direct cause of Brooks’ death.

Family members have reported that Brooks had not previously voiced any concerns about his safety while incarcerated, recalling him as a creative individual with a deep passion for music and storytelling.

“We’re going to use our agony to fight for justice, so that no one has to watch clips of devastation for 30 minutes at a time or experience the numerous emotions that I’ve gone through in the last month. We want these killers prosecuted and we want change,” declared Jared Ricks, Brooks Sr.’s brother.

The lawsuit also points to a recent report by a watchdog group indicating widespread abuse by staff at Marcy Correctional Facility, which was compiled after interviews with inmates in October 2022. According to the Correctional Association of New York’s findings, accounts were revealed of physical assaults occurring in areas lacking surveillance, such as in vans and showers. One guard allegedly warned a new inmate that it was a “’hands-on facility,’ we’re going to put hands on you if we don’t like what you’re doing.”

In response to the incident, Governor Kathy Hochul has directed state officials to begin processes to terminate the employees involved. A total of fifteen correctional officers and two nurses have been suspended without pay, while one officer has resigned. In addition, Hochul has appointed a new leader for the prison situated 200 miles northwest of New York City.