Alysia Santo, Joseph Neff and
This article was published in partnership with The Marshall Project, a nonprofit news organization covering the U.S. criminal justice system.
“Shattered teeth. Punctured lungs. Broken bones. Over a dozen years, New York State officials have documented the results of attacks by hundreds of prison guards on the people in their custody.
But when the state corrections department has tried to use this evidence to fire guards, it has failed 90 percent of the time, an investigation by The Marshall Project has found.
The review of prison disciplinary records dating to 2010 found more than 290 cases in which the New York State Department of Corrections and Community Supervision tried to fire officers or supervisors it said physically abused prisoners or covered up mistreatment that ranged from group beatings to withholding food. The agency considered these employees a threat to the safety and security of prisons.
Yet officers were ousted in just 28 cases. The state tried to fire one guard for using excessive force in three separate incidents within three years — and failed each time. He remains on the state prisons payroll.”
“. . . . A key reason the prison system finds it so hard to get rid of guards is the contract the state signed in 1972 with the union. The agreement requires any effort to fire an officer to go through binding arbitration, using an outside arbitrator hired by the union and the state — a system the union has successfully kept in subsequent contracts. Only a court can overturn arbitration decisions.”