Suffolk County has settled a 14-year-old class action lawsuit brought by inmates over alleged unsanitary and inhumane conditions at the county jails in Riverhead and Yaphank.
The county agreed to pay $18 million into a settlement fund to pay damages to people incarcerated by the county from April 5, 2009 to the preliminary approval date of the settlement, excluding inmates housed exclusively at the facility built in Yaphank in 2013.
The county also agreed to repair the jails and correct conditions the lawsuit said violates the U.S. Constitution’s prohibition of cruel and inhuman treatment under the 14th Amendment.
According to the lawsuit, commenced in 2011, people housed in the correctional facilities are subjected to a range of severely unsanitary and inhumane conditions. Those conditions include defective plumbing, overflowing sewage, chronic overcrowding, poor water, food and air quality, rodent and insect infestation, pervasive mold and rust, and freezing temperatures.
The settlement requires the county to repair and correct those conditions. It also requires the county to appoint an employee to address environmental health concerns at both the Riverhead and Yaphank facilities for at least three years. The county must also pay for an independent expert to conduct annual assessments of the county’s progress for three years.
U.S. District Court Judge Joanna Seybert denied the county’s motion to dismiss and certified the class in March 2013. Litigation has been ongoing since.
MORE COVERAGE: Federal class action suit over conditions at Suffolk County jail can move forward, court rules (March 21, 2013)
The Yaphank and Riverhead facilities house both pretrial detainees — people awaiting trial who were unable to post bail or held without bail pursuant to a court order — and sentenced prisoners — people serving a local jail sentence of up to one year or those awaiting transfer to a state prison.
“This settlement provides much-needed relief to the many incarcerated New Yorkers who have been subject to inhumane and unconstitutional conditions at the Suffolk County jails,” New York Civil Liberties Union staff attorney Gabriella Larios said in a May 21 statement announcing the settlement terms.
“It also means that the county’s longstanding indifference to this manufactured crisis will finally come to an end,” Larios said. “The settlement requires Suffolk County to make structural changes to improve the jails and compensate those who have been exposed to their horrendous conditions. We’ll be watching closely to ensure the county lives up to that commitment,” she said.
“This settlement means that people awaiting trial in Suffolk County will no longer be subjected to the degrading conditions while awaiting trial and fighting for their freedom,” plaintiff Clyde Lofton said. “I am grateful that no one else will have to experience the degrading conditions I faced while incarcerated at the Suffolk County jail, and I hope this is a positive step forward for the people of Suffolk County.”
Under the terms of the settlement agreement, filed with the court May 19, original lead plaintiffs in the case will be paid up to $20,000 each, with additional lead plaintiffs eligible to receive up to $10,000 each, on a per diem basis, calculated by the number of days a plaintiff was incarcerated. The maximum amount to be disbursed for per diem payments is $12 million.
Additional special injury award payments will be made to eligible plaintiffs or their estates for injuries resulting from their incarceration.
Plaintiffs who “experienced death, dismemberment, or a condition requiring ongoing and significant medical treatment” connected to the conditions of confinement in the county correctional facility will be eligible for additional special injury award payments up to $30,000 each.
Plaintiffs who “experienced hospitalization or other temporary significant medical treatment” connected to the conditions of confinement are eligible for additional special injury award payments of up to $15,000.
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