Jail officers union files suit against DOC

The Correctional Officers Benevolent Association filed a lawsuit against the Department of Corrections and Department of Labor over unsafe work conditions on Friday, July 16, 2021. Photo by Michael Appelton/Mayoral photography

By Jacob Kaye

A union representing the city’s jail officers filed a lawsuit against the Department of Corrections and Department of Labor on Friday over what they say are unsafe and hostile work conditions.

The Correctional Officers Benevolent Association filed the lawsuit in Queens Supreme Court and accused the city agencies of denying officers meal and bathroom breaks, access to water, protective equipment, breast-feeding accommodations and medical attention.

"In my twenty-two years working in the New York City Department of Correction, I have never seen such deplorable working conditions for our members-conditions that have been made even worse by the continued indifference of the top brass at our agency,” Benny Boscio Jr., the president of COBA, said in a statement.

An increasingly problematic staff shortage, has forced officers to work longer and more frequent shifts throughout the pandemic, according to the lawsuit. In July 2020, there were a little over 8,200 correction officers working in the DOC. In June 2021, there were 7,651, according to the union.

Though corrections officers still outnumber the number of people incarcerated in the city’s jail facilities, the incarcerated population increased by a little over 1,800 people from July of last year to June of this year. There are currently around 5,800 people locked up in the city’s jails. The union said violence inside the city’s jails has also increased in the past year.

“Just over a year ago, our officers risked everything to perform essential services during the pandemic-services that undoubtedly prevented a major catastrophe in our jails,” he added. “Here we are a year later, and rather than supporting our officers and providing them with basic rights all workers are afforded, this agency has created a hostile and unsafe work environment, which has led to over 1,000 Correction Officers resigning over the past two years.”

Affidavits filed by corrections officers describe long hours with few breaks.

Correctional officers say their hours have increased without notice, jail cells don’t have functioning locks and medical attention is hard to come by in a new lawsuit. Photo by Rob Bennett/Mayoral photography

“As Correction Officers we are unable to leave our assigned facility until another officer relieves us at the end of our tour,” Jeremy Montperous, an officer assigned to Anna M. Cross Center on Rikers Island said. “We are no longer being relieved at the end of our 8-hour scheduled tour and are being forced to work overtime without notice.”

Montperous also described his experience of having requests to go to the bathroom or grab a meal during 16-20 shifts denied.

Officers said that incarcerated people are often placed in cells without working locks and housed near people who share gang affiliations, creating violent situations for officers and inmates alike.

“If the Department of Correction is unwilling to heed our cries for help, we hope the court will compel the agency to provide a safe and healthy work environment for our officers and force the Department of Labor to enforce long-standing labor laws to protect their rights," Boscio said.

The Department of Labor declined to comment for this story.

The officers’ lawsuit was filed nearly at the same time Friday that recently appointed DOC Commissioner Vincent Schiraldi released his #NewDayDOC plan, which focuses on the department’s recovery from the pandemic.

“#NewDayDOC will involve a laser focus on improving safety for staff and incarcerated people, returning us to a full and enthusiastic workforce specially trained and assigned to steady posts, as well as robust, improved and expanded programming, fair discipline, greater accountability and improved conditions,” Schiraldi said in a statement to staff.

The plan includes remediations for many of the alleged complaints made in the officers’ lawsuit.

While Schiraldi said the plan’s specifics are to come at a later date, he said it would address the repairs of cell doors, breaking up gang housing, ending triple shifts for staff, bringing in new recruits by fall 2021 and providing refurbished staff recreational spaces.

For incarcerated people, Schiraldi said #NewDayDOC will offer the reopening of visitation and programming and provide tablets to all people incarcerated from July through October.

The city has until August 23rd to respond to COBA’s lawsuit.