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15 Cardozo J.L. & Gender 303 (2008-2009)
We Can Do Better: The State of Custodial Misconduct by Correctional Staff in New York

handle is hein.journals/cardw15 and id is 307 raw text is: WE CAN DO BETTER: THE STATE OF CUSTODIAL MISCONDUCT BY CORRECTIONAL STAFF IN NEW YORK TANYIKA BRIME* INTRODUCTION On January 28, 2003, the Legal Aid Society filed a class action lawsuit on behalf of Lucy Amador and fourteen other current and former female New York State inmates against the New York Department of Correctional Services (DOCS) and various employees of the DOCS, on behalf of all women in DOCS custody. I The inmates alleged that correctional officers at their correctional facility were guilty of committing various illegal or inappropriate sexual acts, including forcible and non-forcible sexual intercourse, oral sexual acts, anal intercourse, sexual touching, voyeurism and sexual harassment.2 They asserted that their constitutional right to be protected against cruel and unusual punishment, and their right to due process and free speech had been violated.3 The harms alleged in the complaint included sexual assault, abuse and harassment, pain, shame, humiliation, degradation, emotional distress, embarrassment and psychological distress.4 . J.D. Candidate, Benjamin N. Cardozo School of Law, 2009; B.S., Cornell University, 2001. Professor Alexander Reinert has my profound gratitude for his invaluable input. In addition, I would like to thank my mother, family, and friends for their limitless support. I Complaint, Amador v. Andrews, No. 03-0650 (S.D.N.Y. Jan. 28, 2003). The correctional officers, sued in their individual capacity, were employed at four different women's prisons: Albion Correctional Facility, Bayview Correctional Facility, Bedford Hills Correctional Facility and Taconic Correctional Facility. The First Amended Complaint added two more plaintiffs and four more defendants. First Amended Complaint, Amador v. Andrews, No. 03-0650 (S.D.N.Y. Oct. 14, 2003). On September 13, 2005, the court dismissed some of the inmates' claims for lack of standing. Memorandum and Order, Amador v. Andrews, No. 03-0650 (S.D.N.Y. Sept. 13, 2005). On December 3, 2007, the court dismissed all injunctive and declaratory claims in the complaint except for those of one of the named plaintiff against one of the line officer defendants. Opinion and Order, Amador v. Andrews, No. 03-0650 (S.D.N.Y. Dec. 3, 2007). The court determined that this inmate was the only named plaintiff who fully exhausted her administrative remedies before the commencement of this action. The court ruled that since her grievance only complained of one of the defendants, that grievance is not sufficient to exhaust all administrative remedies as against other defendants later claimed to have been aware of the systematic problems and who failed to correct them. Amador Opinion and Order at 31. 2 Amador Complaint, supra note 1, at 2. 3 Id. at 49-50. 4 Id. at 54.

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