C OHEN & F ITCH LLP T HE W OOLWORTH B UILDING 233 B ROADWAY , S UITE 900 N EW Y ORK , NY 10279 TEL : 212.374.9115 F AX : 332.777.2172 FOR IMMEDIATE RELEASE March 1, 2023 New York, NY — Civil Rights and Wrongful Death Lawsuit Filed over Death of Mary Yehudah at Rikers Island Cohen & Fitch LLP announces the filing of a major civil rights and wrongful death lawsuit against the City of New York, the New York City Health and Hospitals Corporation, and others, on behalf of Barbara Yehudah, as the Administratrix of the Estate of Mary Yehudah, over the death of Mary Yehudah at Rikers Island in 2022. Yehudah v. The City of New York, et al. , filed in the Supreme Court for the State of New York, Bronx County, seeks compensatory and punitive damages, as well as equitable relief, on behalf of Ms. Yehudah’s Estate. On May 17, 2022, Mary Yehudah was found unresponsive in her cell on Rikers Island and later died at Elmhurst Hospital on May 18, 2022, from severe diabetic ketoacidosis. The lawsuit alleges that the City of New York and the jail’s medical provider, New York City Health and Hospitals Corporation, have completely lost control of New York City's jails, making Ms. Yehudah’s death the foreseeable result of their failures. Specifically, the lawsuit claims that institutional failures have created a pervasive level of disorder and chaos at Rikers Island, which have made it unbearable, unconstitutional, and inhumane, and that these conditions have not occurred in isolated facilities or at isolated times. As the suit notes, in 2022, nineteen (19) people, including Mary Yehudah, the most since 2013, died in the New York City jail system. According to the Complaint, upon arriving at Rikers Island, Ms. Yehudah exhibited numerous telltale signs of having diabetes. However, none of the healthcare professionals, corrections officers, or employees of the defendants ever administered a "urinalysis dipstick test for glucose, ketones, blood, protein, and bilirubin" as required by Title 40 of the Rules of the City of New York, Section 3-04, which mandates that “Screening for health purposes is to be performed on all inmates upon their arrival at the initial receiving correctional facility.” Furthermore, the lawsuit alleges that among other things, the defendants’ lack of supervision contributed to Mary Yehudah's avoidable pain, suffering, and ultimate death. In particular, the Complaint states that from May 12, 2022, through May 17, 2022, Ms. Yehudah only left her cell once and that no medical professionals were notified about her anti-social and self-isolating behavior. On the night before she was rushed to the hospital, other inmates heard Mary Yehudah making moaning sounds, but the correction officers on her unit were not touring consistently every 30 minutes, including instances when the "B" post officer remained inside the "A" station rather than within the housing unit. In addition, on the morning of May 17, 2022, the individually named DOC defendants were not following basic DOC guidelines and were not making the required rounds as required by directive DOC 4514R-C, which requires them to conduct visual observations at 30-minute intervals , and thus did not notice when Ms. Yehudah’s medical distress began and were not alerted Ms. Yehudah was having a medical emergency until another inmate notified DOC personnel. Finally, the lawsuit claims that following Ms. Yehudah’s death, the DOC falsely informed members of the press that Ms. Yehudah had died of a drug overdose in an effort to cover up their own gross negligence. However, Ms. Yehudah’s medical records show that there were no opiates or other drugs in her system that could have caused her death. The lawsuit seeks relief for the defendants' violations of Mary Yehudah's rights, privileges, and immunities secured by 42 U.S.C. §1983, the Fourth, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution, and the Constitution and laws of the State and City of New York, and New York State common law. The lawsuit, captioned Yehudah v. The City of New York, et al. , is Index No. 803369/2023E in the Supreme Court for the State of New York, Bronx County. A copy of the Complaint is attached. * * * “The City of New York and other defendants have long known that their inability to reign in the dysfunction at Rikers Island and their own policies and practices would result in foreseeable and preventable deaths, like that of Mary Yehudah. Prior to Ms. Yehudah’s death, jail medical officials requested emergency assistance from City Council to stabilize the situation at Rikers because death and injury were the predictable consequences of the City’s repeated failures to perform essential functions. Since then, rather than improving, the conditions at Rikers have substantially worsened. The jails remain dysfunctional and unstable, with medical services being routinely delayed or denied. These institutional failures are life-threatening and are to blame for Mary Yehudah’s death. As the lawsuit states, the problem is system-wide. The fish rots from the head.” said Ilyssa Fuchs, Cohen & Fitch LLP, attorney for plaintiff Barbara Yehudah. Media inquiries can be directed to: Ilyssa S. Fuchs : ifuchs@cohenfitch.com | 212-374-9115 or 347-349-1884 Gerald M. Cohen : gcohen@cohenfitch.com | 212-374-9115 Joshua P. Fitch : jfitch@cohenfitch.com | 212-374-9115 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX -------------------------------------------------------------------X BARBARA YEHUDAH, as Administratrix of the Estate of MARY YEHUDAH, deceased Plaintiff, -against- THE CITY OF NEW YORK, THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, PHYSICIAN AFFILIATE GROUP OF NEW YORK, P.C. (PAGNY), C.O. SHAKEMA POWELL-STATON, Shield No. 18010, Individually and in her Official Capacity, CPT. ASIA KING, Shield No. 863, Individually and in her Official Capacity, CPT. PATRICIA JAQUEZ, Shield No. 1640, Individually and in her Official Capacity, CORRECTION OFFICERS/EMPLOYEES OF DOC “JOHN DOE” #1- 20, Individually and in their Official Capacity (the name John Doe being fictitious, as the true names are presently unknown), CHARMAINE BAILEY, P.C.A., Individually and in her Official Capacity, FELIX EZEKWE, M.D., Individually and in his Official Capacity, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION/PAGNY CORRECTIONAL HEALTH SERVICES EMPLOYEES/AGENTS “JOHN DOE” #1-20, Individually and in their Official Capacity (the name John Doe being fictitious, as the true names are presently unknown) Defendants. -------------------------------------------------------------------X SUMMONS Jury Trial Demanded Plaintiff designates Bronx County as the place of trial. The basis of venue is: CPLR § 504(3) To the above-named Defendants: You are hereby summoned to answer the Complaint in this action, and to serve a copy of your answer, or, if the Complaint is not served with this Summons, to serve a notice of appearance on the Plaintiffs’ attorney within 20 days after the service of this Summons, exclusive of the day of service, where service is made by delivery upon you personally within the state, or, within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Dated: NEW YORK, NEW YORK March 1, 2023 _________________________ COHEN & FITCH LLP 233 Broadway, Suite 900 New York, N.Y. 10279 (212) 374-9115 By. Ilyssa S. Fuchs, Esq. ifuchs@cohenfitch.com 1 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 1 of 48 TO: THE CITY OF NEW YORK c/o SYLVIA HINDS-RADIX Corporation Counsel of the City of New York 100 Church Street New York, New York 10007 ServiceECF@law.nyc.gov NEW YORK HEALTH AND HOSPITALS CORPORATION CORRECTIONAL HEALTH SERVICES Office of Legal Affairs, Claims Division 50 Water St., 17th Fl. New York, New York 10004 HHCService@nychhc.org PHYSICIAN AFFILIATE GROUP OF NEW YORK, P.C. (PAGNY) 1400 Pelham Pkwy. South, Rm. BS37 Bronx, NY 10461 C.O. SHAKEMA POWELL-STATON, Shield No. 18010 Rose M. Singer Center (RMSC) 19-19 Hazen Street East Elmhurst, NY 11370 CPT. ASIA KING, Shield No. 863 Rose M. Singer Center (RMSC) 19-19 Hazen Street East Elmhurst, NY 11370 CPT. PATRICIA JAQUEZ, Shield No. 1640 Construction Management Unit George Motchan Detention Center (GMDC) 15-15 Hazen Street East Elmhurst, NY 11370 CHARMAINE BAILEY, P.C.A. c/o Gwendolyn Renee Tarver PAGNY-Correctional Health Services 49-04 19 th Avenue 1st Floor Astoria, New York 11105 FELIX EZEKWE, M.D. c/o Gwendolyn Renee Tarver PAGNY-Correctional Health Services 49-04 19 th Avenue 1st Floor Astoria, New York 11105 2 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 2 of 48 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF THE BRONX BARBARA YEHUDAH, as Administratrix of the Estate of MARY YEHUDAH, deceased Plaintiff, v. THE CITY OF NEW YORK, THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, PHYSICIAN AFFILIATE GROUP OF NEW YORK, P.C. (PAGNY), C.O. SHAKEMA POWELL-STATON, Shield No. 18010, Individually and in her Official Capacity, CPT. ASIA KING, Shield No. 863, Individually and in her Official Capacity, CPT. PATRICIA JAQUEZ, Shield No. 1640, Individually and in her Official Capacity, CORRECTION OFFICERS/EMPLOYEES OF DOC “JOHN DOE” #1- 20, Individually and in their Official Capacity (the name John Doe being fictitious, as the true names are presently unknown), CHARMAINE BAILEY, P.C.A., Individually and in her Official Capacity, FELIX EZEKWE, M.D., Individually and in his Official Capacity, and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION/PAGNY CORRECTIONAL HEALTH SERVICES EMPLOYEES/AGENTS “JOHN DOE” #1-20, Individually and in their Official Capacity (the name John Doe being fictitious, as the true names are presently unknown) Defendants. VERIFIED COMPLAINT Jury Trial Demanded BASIS FOR VENUE: CPLR § 504 (3) Plaintiff BARBARA YEHUDAH, as Administratrix of the Estate of MARY YEHUDAH, deceased (plaintiff-decedent), by her attorneys COHEN & FITCH LLP, complaining of the defendants, respectfully allege as follows: 1 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 3 of 48 PRELIMINARY STATEMENT 1. This is, inter alia , a civil rights, medical malpractice, and wrongful death action in which plaintiff BARBARA YEHUDAH, as the Administratrix of the Estate of Plaintiff- Decedent MARY YEHUDAH, together with other distributees of plaintiff-decedent's Estate as defined in EPTL §4.1.1, seek relief for defendants’ violations of plaintiff-decedent’s rights, privileges, and immunities secured by 42 U.S.C. §1983, the Fourth, Fifth, Eighth, and Fourteenth Amendments to the United States Constitution and the Constitution and laws of the State and City of New York and for medical malpractice. 2. It is alleged that the defendants, acting jointly and severally, committed a series of unlawful acts that culminated in the death of plaintiff-decedent MARY YEHUDAH, a thirty (30) year-old daughter, and sister, on May 18, 2022, and, in so doing, deprived her of rights secured by the United States Constitution, federal law, and the Constitution and laws of the City and State of New York. 3. On or about May 17, 2022, plaintiff-decedent Ms. Mary Yehudah was found unresponsive in her cell on Rikers Island and later died at Elmhurst Hospital on or about May 18, 2022. Institutional Failures by Defendants Led to Pervasive Levels of Understaffing, Disorder, and Chaos at Rikers Island and are to Blame for Plaintiff-Decedent’s Forseeable Death 4. The City of New York, and its agency the Department of Correction, have completely lost control of New York City’s jails, making plaintiff-decedent’s death the foreseeable result of their failures. 5. Then Department of Correction Commissioner, Vincent Schiraldi, admitted that Riker’s Island has “been at a crisis level for years,” adding, “anybody who thinks that things were going well a year ago or two years ago . . . they’re living in a dream world.” Then 2 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 4 of 48 Commissioner Schiraldi admitted it is a “humanitarian crisis,” and confirmed reports that “the inmates are in control” of entire sections of the jails, and “there were times when no one was on posts, so the incarcerated people are there by themselves.” He further stated the reason for these shocking conditions is that “we don’t have enough staff.” 6. In November 2014, then Mayor Bill de Blasio hosted a roundtable to discuss much-needed reforms to Rikers Island, calling the multi-jail complex a “dehumanizing environment,” which creates a “dynamic of conflict and violence” that has been “decades in the making.” 1 7. The November 2014 roundtable—one of many public meetings about Rikers that would be held over the next five years—followed a Department of Justice report (hereinafter the “DOJ Report”) on the conditions of confinement for adolescent males detained on Rikers Island. The Report, announced on August 4, 2014, concluded that “there is a pattern and practice of conduct at Rikers that violates the constitutional rights of adolescent inmates.” 2 8. Prior to the DOJ report, a class action— Nunez et al. v. City of New York et al. , 11 Civ. 5845 (LTS)(JCF)—was filed in the Southern District of New York on behalf of all present and future persons detained on Rikers Island. The plaintiffs alleged that the City engaged in a pattern and practice of excessive force, leading to a Consent Judgment that put a federal monitor in place to examine the status of uses of force on the Island. 9. Since the court entered the Consent Judgment, the federal monitor—Steve J. Martin—has produced twelve (12) reports covering the period between October 22, 2015 1 See “Mayor de Blasio Hosts Media Roundtable on Reform at Rikers Island Correctional Facilities,” City of New York Office of the Mayor (November 20, 2014), available at https://www1.nyc.gov/office-of-the- mayor/news/932-14/transcript-mayor-de-blasio-hosts-media-roundtable-reform-rikers-island-correctional 2 See “CRIPA Investigation of the New York City Department of Correction Jails on Rikers Island,” U.S. Department of Justice (Aug. 4 2014), available at https://www.justice.gov/sites/default/files/usao- dny/legacy/2015/03/25/SDNY%20Rikers%20Report.pdf. 3 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 5 of 48 (beginning the first monitoring period) and June 30, 2021 (ending the twelfth monitoring period). The monitor produced a Special Report on March 16, 2022, an Original Nunez Action Plan on May 17, 2022 (the date of the incident herein), an Updated Action Plan on June 14, 2022, a First Status Report on the DOC’s Action Plan on June 30, 2022, and a Second Status Report on the DOC’s Action Plan on October 28, 2022. 3 10. The Eleventh Monitor’s Report—covering the period of July 1, 2020, to December 31, 2020—made clear that the Department of Correction was not only failing to comply with the terms of the Consent Judgment but also causing the conditions at Rikers to significantly worsen. The monitor found a “pervasive level of disorder and chaos in the facilities” that was “alarming.” 11. The inevitable combination of high attrition and the inability to properly train new officers quickly created a staffing crisis. In April 2020, the correction officers’ unions sued to end triple shifts or shifts in which officers work 24 hours straight. But the City did nothing to resolve the situation, despite knowing the obvious fact that officers who work for 24 continuous hours are working with a severely diminished capacity. 12. The mayor responded to these reports and admitted: “There should never have been 24-hour shifts. This was a dumb managerial mistake. It’s not going to be allowed going from this point on, ever.” But instead, the problem worsened. By February 2021, news reports stated that correction officers were at a breaking point. Officers were still regularly working 24- hour shifts, sleeping in the parking lot because they were too tired to even drive home. The Department of Correction got the injunction stayed by the Appellate Division, First 3 See https://www.nyc.gov/site/doc/media/nunez-reports.page (containing all referenced reports). 4 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 6 of 48 Department. 4 13. In March 2021, the news reports became more dire, as officers were working double and triple shifts, without breaks for food or water. At that point, there had not been a new class of recruits for approximately two years. 5 14. In May 2021, the lack of available correction officers led to staff putting an entire facility of detainees with severe mental illness on lockdown. At least 1,200 officers called out sick that day, and another 700 were considered “medically restricted.” Approximately 1,901 detainees were forced to stay in their cells, without recreation or services, for at least 13 hours. There were at least 11 similar lockdowns on Rikers Island over the past year. 15. Further, the Twelfth Nunez Monitor’s Report—covering the period of January 1, 2021, to June 30, 2021—made clear that despite six (6) years since the implementation of the Consent Judgment, the Department of Corrections had “been unsuccessful in remediating the serious problems that gave rise to the Consent Judgment” and that “[i]nstead conditions ha[d] progressively and substantially worsened.” The monitor found that the “Department’s decades of poor practices has produced a maladaptive culture in which deficiencies are normalized and embedded in every facet of the Department’s work. The Department’s multitude of nonfunctional systems, and ineffective practices and procedures combine to form a deeply entrenched culture. This traps the Department in a state of disrepair, where even the first step to improve practice is undercut by the absence of elementary skills—be it Staff deployment, safety and security, or managing/supervising Staff—and results in a persistently dysfunctional system.” 4 See https://www.nbcnewyork.com/news/local/i-team-correction-officers-claims-of-grueling-24-hour- shifts/2889988/. 5 See https://www.nbcnewyork.com/news/rikers-officers-claim-theyre-told-to-work-24-hour-shifts- without-breaks-food-or-water/2962998/. 5 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 7 of 48 16. On September 10, 2021, Dr. Ross MacDonald, then Chief Medical Officer for the New York City jail system wrote to New York City Councilmember Keith Powers, seeking “urgent assistance with an emergency situation that [he] d[id] not believe the City of New York [wa]s able to remedy on its own.” Specifically, Dr. MacDonald requested “outside help to immediately stabilize a situation that has resulted in death” and called the dysfunction at Rikers Island a “new and worsening emergency.” Dr. MacDonald further stated that “we have witnessed a collapse in basic jail operations, such that today I do not believe the City is capable of safely managing the custody of those it is charged with incarcerating in its jails,” that the “breakdown has resulted in an increase in deaths with we refer to as jail-attributable, where jail conditions meaningfully contributed to the death,” and that “death and injury are predictable consequences of repeated failures to perform certain essential functions due to the unavailability of staff.” 6 17. On November 3, 2021, a class action lawsuit was filed in the Southern District of New York ( Dunn, et al. v. The City of New York , 21 CV 09012 (DLC)), alleging, among other things, that DOC facilities and the jails at Rikers Island, including the one where plaintiff- decedent was housed, were (and remain) improperly staffed, in disrepair, and were (and are) dangerous and inhumane and that the conditions in DOC facilities violated the most basic rights afforded by the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments to the Constitution of the United States and the laws of the State of New York. 18. The Dunn action further alleged, inter alia , that in September of 2021, the mayor and the DOC had promised that 400 to 600 new recruits would be trained as correction officers. However, only 64 showed up for training, indicating that this staffing shortage would only continue to worsen, as attrition had badly outpaced hiring. It further alleged that in September 6 Counsel can provide a complete copy of Dr. MacDonald’s letter upon request. 6 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 8 of 48 of 2021, more than one-third of all officers on Rikers either called in sick or simply did not show, leaving the remaining officers to work double and triple shifts lasting well over 24 hours and that the number of guards missing work at the time the Dunn action was filed, was almost one-quarter of all uniformed staff on Rikers Island. 19. More importantly, the Dunn action alleged, inter alia , that detainees in DOC custody routinely faced significant delays in receiving appropriate medical services, that these delays functionally amount to a complete denial of emergency medical care, and that these inadequacies in the provision of medical care were directly attributed to the problem of improper staffing and absenteeism. 20. On March 16, 2022, approximately two (2) months before plaintiff-decedent’s death, the New York Daily News reported that the staffing crises at Rikers Island had continued under Mayor Eric Adams’s administration, that DOC Commissioner Louis Molina had yet to resolve the crisis, and that conditions at Rikers had not improved and in some ways were worse. The article further reported that more than 30% of the uniformed staff remained out sick or unavailable and that on any given day, more than 1,400 officers were listed as sick or out. 7 21. In addition, the Special Report of the Nunez monitor was also released on March 16, 2022. The report found, inter alia , that: 1) “The first few months of 2022 ha[d] revealed the jails remain[ed] unstable and unsafe for both inmates and staff.” 2) “The Department’s attempts to implement the required remedial steps ha[d] faltered and, in some instances, regressed.” 3) “The Department’s staffing crisis continues.” 7 See https://www.nydailynews.com/new-york/nyc-crime/ny-rikers-conditions-remain-unsafe-monitor- jails-20220316-bxa567stuvdjtbj2m2iatizl44-story.html 7 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 9 of 48 4) “The Department’s multitude of nonfunctional systems and ineffective practices and procedures combine to form a deeply entrenched culture of dysfunction.” 5) Medical services had been delayed or denied due to staff shortages. 22. On or about March 25, 2022, and/or March 29, 2022, in response to a contempt application, the City of New York’s employees testified to the City’s inability to comply with a court order mandating that they provide incarcerated individuals adequate medical care. Agnew et al. v. The New York City Department of Correction , 813431/2021E. 8 23. On April 14, 2022, the City of New York further announced, in response to a contempt application, they were not in compliance with a court order mandating that they provide incarcerated individuals adequate medical care, and they claim providing legally mandated medical care is impossible Agnew et al. v. The New York City Department of Correction , 813431/2021E, Dkt. No. 121(Bx. Co. Sup. Ct. April 14, 2022). 24. On May 17, 2022, the date of the incident herein, and the day before MARY YEHUDAH’s death, Honorable Elizabeth A. Taylor found by clear and convincing evidence that the City of New York was in civil contempt of the court’s December 3, 2021 Order, requiring the City of New York to comply with its duties to provide inmates with access to sick call and not prohibit or delay them from health services and provided the City of New York with thirty (30) days to purge itself from the finding of contempt. Agnew et al. v. The New York City Department of Correction , 813431/2021E, Dkt. No. 126 (Bx. Co. Sup. Ct. April 14, 2022). 9 8 Counsel can provide transcripts from these proceedings upon request. 9 Thereafter on August 9, 2022, the Honorable Elizabeth A. Taylor further found that the City of New York did not meet its burden to demonstrate substantial compliance with the court’s December 3, 2021 Order and ordered the City of New York to pay petitioners for each missed infirmary visit, inter alia Agnew et al. v. The New York City Department of Correction , 813431/2021E, Dkt. No. 147 (Bx. Co. Sup. Ct. April 14, 2022). 8 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 10 of 48 25. In addition, on May 17, 2022, the date of the incident herein, and the day before MARY YEHUDAH’s death, the Nunez monitor wrote to United States District Judge Laura Taylor Swain, to provide the Court with a copy of the City’s and the Department of Correction’s Action Plan, that was developed to address the Monitoring Team’s Recommendations outlined in the aforementioned March 16, 2022, Special Report. In that correspondence, the Nunez monitor advised Judge Swain, inter alia , that “the current state of affairs in the jails presents an unprecedented challenge and, as such, there is no fail-safe path forward,” that the “Monitoring Team d[id] not believe there are any ready-made, quick or easy solutions that c[ould] ameliorate the poly-centric problems facing the agency,” that the “practical reality is that reformation of this Department cannot occur in mere months given the level of dysfunction, mismanagement, and decrepit physical plants that exist,” and that the “conditions in the jails continue to be of grave concern” and are “severe and potentially life- threatening .” 26. A collection of horrible conditions caused by defendant THE CITY OF NEW YORK has worked in concert to make Rikers Island unbearable, unconstitutional, and inhumane. These conditions, moreover, have not occurred in isolated facilities or at isolated times. The problem is system-wide. The fish rots from the head 27. In 2021, sixteen (16) people died in the New York City jail system. 10 28. In 2022, nineteen (19) people, including MARY YEHUDAH, the most since 2013, died in the New York City jail system: 11 1) TARZ YOUNGBLOOD – February 27, 2022 2) GEORGE PAGAN - March 17, 2022 3) HERMAN DIAZ – March 18, 2022 10 See https://www.nytimes.com/2022/01/28/nyregion/rikers-island-prisoner-deaths.html 11 See https://www.nytimes.com/article/rikers-deaths-jail.html 9 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 11 of 48 4) DASHAWN CARTER – May 7, 2022 5) MARY YEHUDAH plaintiff-decedent herein – May 18, 2022 6) EMANUEL SULLIVAN – May 28, 2022 7) ANTONIO BRADLEY – June 18, 2022 8) ANIBAL CARRASQUILLO – June 20, 2022 9) ALBERT DRYE – June 21, 2022 10) ELIJAH MUHAMMAD – July 10, 2022 11) MICHAEL LOPEZ – July 15, 2022 12) RICARDO CRUCIANI – August 15, 2022 13) MICHAEL NIEVES – August 30, 2022 14) KEVIN BRYAN – September 14, 2022 15) GREGORY ACEVEDO – September 20, 2022 16) ROBERT PONDEXTER – September 22, 2022 17) ERIC TAVIRA – October 22, 2022 18) GILBERTO GARCIA – October 31, 2022 19) EDGARDO MEJIAS – December 11, 2022 29. Through its deliberate indifference to the horrible conditions on Rikers Island, and its failure to address numerous problems at Rikers despite being aware of them for many years, the City and NYC HHC via CHS (“HHC CHS”) has violated plaintiff-decedents’ rights and caused injury and death. 30. Moreover, plaintiff-decedent MARY YEHUDAH is not the first individual to die a diabetes-related death in DOC custody. At least two other detainees have died of diabetes- related deaths in DOC custody. Specifically, on or about August 24, 2013, Carlos Mercado, went into a diabetic coma while on Rikers Island and died shortly thereafter without regaining consciousness, 12 and on or about January 21, 2021, Wilson Diaz Guzman hanged himself while on Rikers Island after he was observed acting erratically and asking for his insulin. 13 12 See Mercado et al v. The City Of New York , et al ., 14 CV 06775 (KBF), https://ecf.nysd.uscourts.gov/cgi-bin/DktRpt.pl?167922009936555-L_1_0-1. 13 See Guzman v. The City of New York , Index No. 805905/2022E (Bronx County Supreme Court). 10 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 12 of 48 PARTIES 31. Plaintiff-decedent, MARY YEHUDAH, deceased, was at all relevant times a resident of the County of Queens, City, and State of New York. 32. Plaintiff BARBARA YEHUDAH, the sister of plaintiff-decedent, as Administratrix of the Estate of MARY YEHUDAH, is and was at all relevant times a resident of the County of Queens, City, and State of New York. 33. Plaintiff-decedent, MARY YEHUDAH, died on May 18, 2022. 34. Plaintiff-decedent, MARY YEHUDAH, died intestate and was survived by her distributees as defined by EPTL §4.1.1. 35. Plaintiff-decedent, MARY YEHUDAH was, at the time of her death, a person detained in New York Department of Correction (“DOC”) custody at Rikers Island. 36. The Decree granting Limited Letters of Administration and appointing plaintiff BARBARA YEHUDAH as the Administratrix of the Estate of MARY YEHUDAH were issued by Surrogate’s Court, County of Bronx, on December 20, 2022, and are annexed hereto as Exhibit A. 37. Defendant, THE CITY OF NEW YORK, was and is a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York. 38. Defendant, THE CITY OF NEW YORK, maintains the New York City Department of Correction (“DOC”), a duly authorized public authority and/or correctional department, authorized to perform all functions of a correctional department as per the applicable sections of the New York State Correction Law, acting under the direction and supervision of the aforementioned municipal corporation, The City of New York. 39. That at all times hereinafter mentioned, the individually named DOC defendants 11 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 13 of 48 C.O. SHAKEMA POWELL-STATON, Shield No. 18010, CPT. ASIA KING, Shield No. 863, CPT. PATRICIA JAQUEZ, Shield No. 1640, and CORRECTION OFFICERS/EMPLOYEES OF DOC “JOHN DOE” #1-20, (the name John Doe being fictitious, as the true names are presently unknown)(“DOC defendants”), were duly sworn corrections officers and/or supervisors of said department or other Department of Corrections personnel responsible for the care of inmates and were acting under the supervision of said department and according to their official duties. They are sued in their individual and official capacities. 40. Defendant, THE NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (hereinafter “HHC”), was and is a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York. 41. Defendant NEW YORK CITY HEALTH AND HOSPITALS CORPORATION (“NYC HHC”) owned, operated, managed, and maintained Correctional Health Services (“CHS” and/or “HHC CHS”), the direct provider of health care and medical services in all DOC facilities, including Rikers Island. 42. Defendant PHYSICIAN AFFILIATE GROUP OF NEW YORK, P.C. (hereinafter “PAGNY”), was and is a domestic professional service corporation duly organized and existing under and by virtue of the laws of the State of New York. 43. Defendant PAGNY engages in business in the State of New York and is subject to personal jurisdiction, and has provided heath care services on behalf of defendants THE CITY OF NEW YORK and/or NYC HHC. 44. Defendant PAGNY is a corporation that has contracted with defendants THE CITY OF NEW YORK and/or NYC HHC to provide patient care services (medical/health services) to pretrial detainees in the custody of the DOC in City correctional facilities, including 12 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 14 of 48 Rikers Island and employs numerous direct patient care providers in correctional health. 45. Defendant PAGNY employed, supervised, operated, managed, and/or maintained some, or all, of the medical personel, at Rikers Island via their contract with THE CITY OF NEW YORK and/or NYC HHC CHS, and PAGNY’s employees provided health care and medical services in DOC facilities, including Rikers Island, on behalf of NYC HHC (via CHS) pursuant to contract. 46. Defendants NYC HHC and/or PAGNY through CHS, and the department’s employees, agents, servants, employees, associates, doctors nurses, and other medical personnel represented to detainees in DOC facilities, and more particularly, to plaintiff- decedent, that it utilized and employed medical personnel possessing the proper degree of skill and learning necessary to render medical services in accordance with accepted medical practices and that it undertook to use reasonable care and diligence in treatment of patients and specifically, plaintiff-decedent. 47. Defendants NYC HHC and/or PAGNY through CHS and the department’s employees, agents, servants, employees, associates, doctors, nurses, and/or medical personnel was engaged in the practice of medicine. 48. That at all times hereinafter mentioned, defendants CHARMAINE BAILEY, P.C.A., FELIX EZEKWE, M.D., and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION/PAGNY, CORRECTIONAL HEALTH SERVICES EMPLOYEES/AGENTS “JOHN DOE” #1-20 (the name John Doe being fictitious, as the true names are presently unknown)(“CHS defendants”), were and are physicians, nurses, and/or other medical professionals, duly licensed to practice medicine in the State of New York and as such held themselves out as duly qualified to render proper and adequate medical services to 13 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 15 of 48 detainees in DOC facilities, including plaintiff-decedent. 49. At all times hereinafter mentioned, defendants CHARMAINE BAILEY, P.C.A., FELIX EZEKWE, M.D., and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION/PAGNY, CORRECTIONAL HEALTH SERVICES EMPLOYEES/AGENTS “JOHN DOE” #1-20, (the name John Doe being fictitious, as the true names are presently unknown) were employees and/or agents of defendants NYCHHC and/or PAGNY through CHS and were acting in the course and scope of their employment by and/or agency with defendants NYC HHC and PAGNY on account of the contract between NYC HHC and PAGNY. 50. At all times hereinafter mentioned, defendants CHARMAINE BAILEY, P.C.A., FELIX EZEKWE, M.D., and NEW YORK CITY HEALTH AND HOSPITALS CORPORATION/PAGNY, CORRECTIONAL HEALTH SERVICES EMPLOYEES/AGENTS “JOHN DOE” #1-20, (the name John Doe being fictitious, as the true names are presently unknown) were acting under color of state law in the course and scope of their duties and functions as employees, agents, and/or servants of defendants NYCHHC and/or PAGNY through CHS, and otherwise performed and engaged in conduct incidental to their lawful functions in the course of their duties. They were acting for and on behalf of defendants NYCHHC and/or PAGNY at all times relevant herein, with the power and authority vested in them as agents and/or employees of NYCHHC and/or PAGNY and incidental to their duties as agents and/or employees of NYCHHC and/or PAGNY. They are sued in their individual and official capacities. 51. That at all times hereinafter mentioned the defendants, either personally or through their employees, were acting under color of state law and/or in compliance with the 14 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 16 of 48 official rules, regulations, laws, statutes, customs, usages, and/or practices of the State or City of New York. 52. Each and all of the acts of the defendants alleged herein were done by said defendants while acting within the scope of their employment by THE CITY OF NEW YORK and/or NYC HHC/PAGNY. 53. Each and all of the acts of the defendants alleged herein were done by said defendants while acting in furtherance of their employment by defendant THE CITY OF NEW YORK and/or NYC HHC/PAGNY. 54. The true and complete names, ranks shield numbers, and/or positions of defendants CORRECTION OFFICERS/EMPLOYEES OF DOC “JOHN DOE” #1-20 and CORRECTIONAL HEALTH SERVICES EMPLOYEES/AGENTS “JOHN DOE” #1-20 are not currently known. However, they were employees and/or agents of THE CITY OF NEW YORK and/or NYC HHC/HHC CHS ( via PAGNY) on the dates relevant to the Complaint herein. Accordingly, they may be entitled to representation in this action by the New York City Law Department (“Law Department”) and/or the New York City Health and Hospitals Corporation Office of Legal Affairs (“Legal Affairs”) upon their request, pursuant to New York State General Municipal Law § 50-k. The Law Department and Legal Affairs, then, is hereby put on notice (a) that BARBARA YEHUDAH intends to name said officers and/or employees as defendants in an amended pleading once their true and complete name, rank, shield number, and/or position become known and (b) that the Law Department and Legal Affairs should immediately begin preparing their defense(s) in this action. 55. Individual Defendants’ acts and omissions hereafter complained of were carried out intentionally, recklessly, or with malice, and/or gross disregard for plaintiff-decedent. 15 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 17 of 48 VENUE 56. This action is brought pursuant to New York State Law, 42 U.S.C. Act of 1871, §§ 1983 and 1988, including its Fourth, Fifth, and/or Fourteenth Amendments to the Constitution of the United States, inter alia 57. Venue is proper in this county as the transactions and occurrences took place in Bronx County, City, and State of New York. JURY DEMAND 58. Plaintiff demands a trial by jury in this action on each and every one of her damage claims. ADMINISTRATIVE PREREQUISITES 59. On or about July 26, 2022, within (90) days after the claim herein accrued, the plaintiff duly served upon, presented to, and filed with defendants THE CITY OF NEW YORK and NYC HHC, Notices of Claim setting forth all facts and information required under the General Municipal Law § 50 (e) 60. Defendants THE CITY OF NEW YORK and NYC HHC have wholly neglected or refused to make an adjustment or payment thereof and more than thirty (30) days have elapsed since the presentation of such claim as aforesaid. 61. Thereafter, on or about January 12, 2023, (and within (90) days after plaintiff BARBARA YEHUDAH’s appointment as Administratrix of the Estate of Mary Yehudah on December 20, 2022) plaintiff duly served upon, presented to, and filed with defendants THE CITY OF NEW YORK and NYC HHC, Notices of Claim setting forth all facts and information required under the General Municipal Law § 50 (e) 16 FILED: BRONX COUNTY CLERK 03/01/2023 01:43 PM INDEX NO. 803369/2023E NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 03/01/2023 18 of 48