Guards ‘systematically and negligently’ beat New York inmate to death, lawsuit says

ROCHESTER, N.Y. (AP) — The son of an inmate who died after prolonged beatings by New York prison guards testified in a federal lawsuit Wednesday that his father’s attackers “systematically and carelessly beat him to death » in a correctional system that tolerates violence.

Robert L. Brooks Sr., 43, died Dec. 10, a day after beating at Marcy Correctional Center in upstate New York. Body camera video shows “several large white law enforcement officers torturing a bloodied black man who is restrained, helpless and struggling to remain conscious,” according to the lawsuit, which says the assault lasted approximately 10 minutes. The officers struck the handcuffed Brooks in the chest with a shoe, lifted him by the neck and dropped him while employees watching the beating appeared unconcerned.

His son, Robert L. Brooks Jr., sued the group of more than a dozen guards involved in the attack, along with the director of the upstate facility at the time and the commissioner of the state Department of Corrections and Community Supervision.

“I want the name of Robert L. Brooks to be known forever and not just for his final moments,” Brooks Jr. said at a news conference. He described feeling helpless and devastated while watching the video, but said the world needed to see the footage.

“They have the power to spark the change we need,” he said.

The lawsuit, which seeks unspecified damages, alleges that the defendants at the jail used excessive force and were indifferent to Brooks’ serious medical needs. He also claims gross negligence and wrongful death.

New York state cannot be sued for civil rights violations in federal court, so a separate action against the state will be filed in the State Court of Claims, attorneys for the state said. family.

They said corrections officials did not expect the video to come to light and called it evidence of “widespread abuse” at the upstate New York facility.

“What troubles us most is that we believe this is just the tip of the iceberg,” said attorney Steve Schwarz, “and that’s why we really want to dig deeper. “

The family has not yet been informed why Brooks was transferred to Marcy from another facility earlier in the day or what he was doing before the assault, Schwarz said. He had served nine years of a 12-year sentence for assault.

A spokesperson for the state Department of Corrections and Community Supervision said the department does not comment on pending litigation.

The New York attorney general this month appointed a special prosecutor to investigate Brooks’ death. William Fitzpatrick, Onondaga County Prosecutor took over the business as special prosecutor after Attorney General Letitia James recused herself, citing her office’s representation of several agents in separate civil suits.

The results of Brooks’ autopsy have not been made public. But preliminary results of a medical examination indicate “concern for asphyxia due to neck compression as the cause of death, as well as death being due to the actions of others,” according to court filings.

The lawsuit says the beating was the sole cause of Brooks’ death.

Those close to Brooks said he did not express concerns about his safety while behind bars, describing him as creative and passionate about the music and stories he was working on.

“We are going to use our agony to fight for justice, so that no one has to watch clips of devastation for 30 minutes straight or experience the plethora of emotions that I have experienced in the last month,” said Jared Ricks, Brooks Sr.’s brother. “We want these killers prosecuted and we want change. »

The lawsuit notes that a monitoring group in 2023 reported “widespread abuse by staff” at Marcy after interviewing people incarcerated there in October 2022. The Correctional Association of New York said it was informed physical attacks in places without cameras, such as between doors. , in vans and in showers. One guard told a new arrival that it was a “convenient setup, we’ll put our hands on you if we don’t like what you do,” according to the report.

Governor Kathy Hochul has ordered state officials to initiate dismissal proceedings employees involved in the attack. Fifteen correctional officers and two nurses were suspended without pay. An officer resigned. Hochul also named a new chief for the prison located 200 miles (320 kilometers) northwest of New York.

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Associated Press writer Michael Hill contributed from Altamont, New York.