The Legal Aid Society, Brooklyn Defender Services and Milbank LLP File Motion to Hold NYC Department of Correction in Contempt for Ongoing Failure to Provide Incarcerated New Yorkers Access to Medical Care

(NEW YORK, NY) - The Legal Aid Society, Brooklyn Defender Services and Milbank LLP filed a motion in Agnew v. New York City Department of Correction (DOC) in Bronx Supreme Court, requesting the court hold DOC in contempt for its past and ongoing failure to provide incarcerated New Yorkers access to medical care and award a $250 fine for each missed medical appointment from February to October 2022, totaling over $3.08 million.

From February to October 2022, there were at least 12,354 instances of denial of access to medical care due to DOC’s failure to provide sufficient escorts to bring class members to medical appointments and failure to provide adequate space and security at the clinics. This does not include the many other missed medical appointments that were due to other DOC administrative failures, such as lock-downs, an inadequate system to address medical emergencies, and data discrepancies that suggest DOC staff have falsified refusals to attend clinic appointments, thus allowing DOC to point to refusals as non-productions for which they have no responsibility.

In the event that DOC continues to fail to provide access to medical care, Petitioners ask the Court to grant an evidentiary hearing to determine the maximum number of people for whom DOC can safely provide access to medical care.

View the full statement here.

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