Marone v. Nassau County

39 Misc. 3d 1034
CourtNew York Supreme Court
DecidedMarch 24, 2013
StatusPublished
Cited by2 cases

This text of 39 Misc. 3d 1034 (Marone v. Nassau County) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Marone v. Nassau County, 39 Misc. 3d 1034 (N.Y. Super. Ct. 2013).

Opinion

[1036]*1036OPINION OF THE COURT

James P. McCormack, J.

The petitioners move for an order pursuant to CPLR article 78 and article XX, § 2004 of the Nassau County Charter directing the respondent to appoint members to the Nassau County Correctional Center Board of Visitors. This is the first time that this court has been asked for an order of mandamus under this section of the County Charter.

In this article 78 proceeding, petitioners seek an order of mandamus pursuant to CPLR 7803 (1), to compel County Executive Edward P Mangano to appoint seven members to the Nassau County Correctional Center Board of Visitors pursuant to article XX, § 2004 of the Nassau County Charter. The attorneys for the County of Nassau argue the petitioners lack standing; that the Nassau County Charter, article XX, § 2004 does not impose a mandatory duty on the County Executive to appoint a Board of Visitors, but rather article XX, § 2004 is discretionary in nature, and therefore not subject to a writ of mandamus pursuant to CPLR 7803 (1); and that since the current County Executive has appointed four members to the Board of Visitors, subject to legislative approval, the Board now has a quorum and the issue has been rendered moot.

This action involves the Nassau County Correctional Center (NCCC), located in East Meadow, New York. Pursuant to article XX, § 2004 of the Nassau County Charter, NCCC is operated by the Nassau County Sheriffs Department. NCCC has a maximum capacity of approximately 1,900 inmates, including pretrial detainees and convicted criminals serving sentences of up to one year. NCCC also houses federal prisoners, as well as inmates who are alternately housed from New York City and Suffolk County. In addition to approximately 1,900 beds, the NCCC operates both a medical clinic within the main facility and a prison ward in a secured wing of the Nassau University Medical Center. Petitioners Joseph Marone and Paul Nantista are inmates in NCCC. Both petitioners assert complaints about the medical treatment they have received in NCCC. Petitioner New York Civil Liberties Union (NYCLU) is involved in advocacy for inmates who complain about jail conditions.

According to the petitioners, in a period of slightly more than one year, seven inmates have died in custody and some of those deaths have been labeled preventable by state authorities. During this same time period, petitioner NYCLU has received over [1037]*1037200 complaints from inmates relating the NCCC’s failure to provide necessary medication, failure to treat chronic and life threatening conditions, the mistreatment of inmates with disabilities and the lack of proper mental health services at the NCCC. According to the NYCLU, these complaints have escalated since Nassau County shifted the responsibility to provide medical and mental health services to an outside private contractor in June of 2011.

The history regarding inmate complaints most notably commenced in the 1980s. In 1981, the Nassau County Sheriff entered into a consent judgment with inmate plaintiffs who had filed suit complaining of unconstitutional conditions of confinement at the NCCC. Pursuant to the consent judgment, Nassau County was ordered to increase available cell space; in addition, the order contained provisions relating to medical service, food, contact visits and staffing (see Badgley v Varelas, 729 F2d 894, 896 [2d Cir 1984]). Throughout the 1980s the litigation continued, and inmates won a series of lawsuits relating to the conditions at the jail and Nassau County’s refusal to comply with the terms of the consent judgment (see Badgley v Varelas, 729 F2d 894, 896 [1984]; Badgley v Santacroce, 800 F2d 33 [2d Cir 1986]; Badgley v Santacroce, 815 F2d 888 [2d Cir 1987]; Badgley v Santacroce, 853 F2d 50 [2d Cir 1988]). In fact during this period, Judge Jon O. Newman, writing for the Second Circuit of the United States Court of Appeals, compared the conditions at the jail to a “Dickensian saga of prison overcrowding and bureaucratic excuse” (Badgley v Santacroce, 800 F2d 33, 35 [1986]).

Following the well publicized death of an inmate in 1999, the United States Department of Justice opened an investigation into the conditions at the NCCC. The Department of Justice concluded that the conditions at the NCCC rose to the level of constitutional violations due to the deliberate indifference to inmates’ serious medical needs and excessive force against inmates. In 2002, the United States Attorney General filed a complaint in the U.S. District Court for the Eastern District of New York alleging the NCCC engaged in a pattern or practice of using excessive force against inmates; failed to train and supervise correctional staff adequately to prevent the use of excessive force; failed to maintain policies pertaining to the use of force and failed to investigate complaints alleging the use of excessive force. In addition, the complaint alleged the NCCC was deliberately indifferent to the inmates’ serious medical [1038]*1038needs; provided care by unlicensed and untrained staff; failed to ensure inmates in need of routine or acute medical care were seen by staff in a timely manner; failed to ensure inmates with chronic diseases received timely and appropriate follow-up treatment; failed to monitor or treat communicable diseases and failed to manage medication and medical records. As a result of that complaint Nassau County and the United States Department of Justice entered into a consent decree that directed the NCCC to make significant changes to its policies regarding the use of force and pertaining to medical and mental health care. The Department of Justice continued to monitor the jail until 2008.

In February 2009, the New York State Commission of Correction issued a report indicating that the NCCC was not in compliance with the minimum standards for a correctional facility. The commission recommended 25 steps that the NCCC would need to take to be in compliance with minimum standards. These steps included sanitary shower environment, laundry detergent and to stop ignoring inmate grievances.

The petitioners allege that the present situation is the culmination of a long history of the County failing to protect human rights and human life. More than 20 years ago, Nassau County attempted to address some of the systematic failures at the jail by establishing a Board of Visitors with wide ranging powers to oversee operations at the NCCC. The Board of Visitors has the authority to investigate inmate grievances, inspect the facility, examine records, create reports and advise the Sheriffs Department about changes that could improve the jail and prevent unnecessary deaths. The petitioners believe the Charter provision mandating the creation of the Board of Visitors is a non-discretionary duty of the County specifically passed in order to address the County’s history of neglecting human rights and dignity at the jail.

Petitioner NYCLU is a not-for-profit corporation with chapter offices and more than 2,400 members in Nassau County. The mission of the NYCLU is to promote human rights and the principles embodied in the Bill of Rights, the US Constitution and the New York State Constitution. The NYCLU involves itself in litigation regarding public policy advocacy for individual rights and government accountability. To that end, the Nassau County chapter office of the NYCLU maintains a dedicated phone line to the NCCC by which inmates can lodge complaints and seek legal advice from the NYCLU. They regularly meet [1039]

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Bluebook (online)
39 Misc. 3d 1034, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marone-v-nassau-county-nysupct-2013.