U.S. District Judge Laura Taylor Swain on Thursday rejected the city’s motion to reconsider or reverse her decision to appoint an outside manager with broad powers to run city jail operations.
The city’s motion in the landmark class action case Nunez vs. City of New York argued that a report from the federal monitor issued in May showed enough progress in reforming the jails that either no outside takeover was needed or that sitting Correction Commissioner Lynelle Maginley-Liddie should be given the spot.
But Swain ruled the monitor’s report did not constitute new evidence since much of the material had already been considered before she made her decision in May.
“Defendants are not entitled to ‘take a second bite at the apple’ by repackaging evidence that the court already considered,” Swain wrote.
The 317-page monitor report issued May 22 said the New York City Department of Correction was showing “some momentum in various areas.”
“While key metrics continue to reflect high rates of violence and other serious incidents, progress in certain areas has been occurring and must be acknowledged,” the report said.
The city’s motion claimed the report “confirms the continued successes of the commissioner in moving DOC toward compliance.”
Swain noted, however, “While it is true, for example, that many indicators of (uses of force) and violence decreased slightly in the latter half of 2024
when compared to the first half, those rates are still significantly higher than the already unconstitutional levels present in 2016 when defendants entered into the consent judgment.”
The Nunez case was filed in 2011 by former Rikers detainee Mark Nunez and expanded into a class action on behalf of all detainees alleging the city had long failed to address widespread violence and improper uses of force by jail staff. The Justice Department later joined the case on the plaintiffs side.
In 2015, the city settled the case, leading to the establishment of the federal monitor responsible for tracking violence and use of force in the system and making recommendations. In November 2024, after nine years of largely damning reports, Swain found the city in contempt of court orders issued in the case.
In May, Swain decided the only solution was the appointment of an outside “manager” with broad powers. Some 30 people whose identities have not been revealed have applied for the position. Swain has yet to make a decision on the candidates.
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