Q&A
DOC's approach to lawsuits with anonymous 'John Doe' or 'Jane Doe' officers
2:40:35
·
5 min
Council Member Sandy Nurse inquires about DOC's handling of lawsuits that involve detailed descriptions of alleged perpetrators named only as 'CEO John Doe' or 'CEO Jane Doe'. The discussion focuses on how the department investigates such claims and attempts to identify the accused officers.
- Nurse provides an example of a lawsuit with a detailed description of an anonymous officer
- DOC officials explain their process for working with the Law Department to identify anonymous officers
- The department uses details like timing, tour assignments, and physical descriptions to try to identify the accused
- DOC emphasizes the importance of cooperating with the Law Department in these investigations
Sandy Nurse
2:40:35
I'm taking this to say that that you think you did it well, and we hope that that's the case.
2:40:43
In another case reported on by the news outlet, Gothamist, the department should have been notified of a sexual assault allegation against a correction officer when a case was filed on November 17, 2023.
2:40:56
However, nearly 7 months later, the department confirmed in a press report that the officer who again was specifically named in the lawsuit was still employed and working at Rosies.
2:41:08
At our hearing last month, we were happy to learn that all of the officers named in the sexual suit lawsuits are sexual assault lawsuits are no longer serving at Rosies.
2:41:18
However, during this extended lag time, at least in one instance, 7 months WENT BEFORE DECIDING TO REASSIGN THE OFFICER ACCUSED OF SEXUAL ASSAULT AND POTENTIALLY OTHER WOMEN WERE IN DANGER.
James Conroy
2:41:32
I'M SORRY, IS THAT A QUESTION?
Sandy Nurse
2:41:33
Adrienne: IT IS I MEAN, I'M Yeah.
2:41:35
I'LL ASK YOU A QUESTION.
2:41:36
WHY WAS IT 7 months.
2:41:37
When did you get notification and why was it 7 months before summer?
James Conroy
2:41:41
I was not with the department at the time.
2:41:43
Okay.
Sandy Nurse
2:41:43
So Anyone else here who can speak to that?
James Conroy
2:41:46
The previous general counsel is not with this department at
Althea Stevens
2:41:49
the moment.
2:41:50
Okay.
Sandy Nurse
2:41:50
Is there anyone here in this room that can that can speak to before your time?
Lynelle Maginley-Liddie
2:41:55
I mean, once a week.
James Conroy
2:41:57
Again, without speaking to the specific specifics of that case, there was this, again, from time of filing to time of notice of lawsuit, I can't test why as to when we receive notice specifically of those lawsuits.
2:42:11
And then, again, there was a series of incidents that occurred as you're aware after that.
Sandy Nurse
2:42:15
Do you think so so I'm gonna assume that it didn't take 7 months, that I'm gonna assume that the law department gave you this information as soon as they got it, and that that information was received by the prior person.
2:42:31
And then I imagine some there was a period there was 7 months of time.
James Conroy
2:42:37
So the team, I I again, I don't wanna belabor the point too much about the processes, but the team that I work with now on this specific issue is actually headed by the person who is acting general counsel prior to us.
2:42:50
So she is now back in place within the law department to have this communication.
2:42:54
What was happening then is that unit that she was in was a little less robust and and operational.
2:43:00
So I can't, again, can't speak specifically as to the notification process from when this was filed to then.
2:43:06
I know what we are doing now and what the communication is between us and the law department and what we are committed to with the commissioner and ourselves moving forward in that.
Tiffany Cabán
2:43:22
Okay.
Sandy Nurse
2:43:24
It seems like I understand you're not gonna be able to answer the question, but during this period where these accusations were coming online and we were starting to get reporting about it, You're saying there you're saying there was a turnover in staff or there was some kind of transition period.
2:43:41
You're coming on other people.
2:43:43
Do you think there was a communication breakdown?
James Conroy
2:43:47
I I don't know that we could say it's a communication breakdown.
2:43:50
As indicated, because of the very small time that the Adult CyberZacks window was open for filing, again, or what was anticipated, there was a huge amount of this.
2:44:01
So it took some time, I think, even for the law department to establish the scope of end of years of the defendants and the universe of where these cases came from.
2:44:10
We heard some testimony earlier that these are from 40 years ago in some circumstance.
2:44:15
Once we identified it, again, I can't comment on the specific timing of it.
2:44:19
Once we identified the 5 that were active, still, that was addressed again during my tenure and otherwise.
2:44:25
So I can't say communication breakdown.
2:44:27
But again, going forward, this is affirmatively remedied for this issue that we're speaking about.
Sandy Nurse
2:44:34
Okay.
2:44:34
I still would argue that 7 months isn't a significant amount of time.
2:44:39
It's not a small window for someone to still be on a on a in a housing unit or in working in a women's facility.
2:44:49
Some lawsuits that we reviewed involve fairly detailed descriptions of an alleged perpetrator named only as CEO John Doe or CEO Jane Doe.
2:45:00
For example, in one case filed by a woman alleged to have been assaulted at Rosies in 2021, the alleged abuser was described as a short, heavy set Hispanic male in and around his forties who delivered food to inmates.
2:45:14
If DOC receives information that a lawsuit was filed against an anonymous officer described in a legal complaint, will the department take any steps to investigate the claim and see if can assert in the officer's identity?
James Conroy
2:45:26
We we have to, in the legal division, at least, have to work with the law department in, you know, in order to identify John Doe and Jane Doe officers nonetheless.
2:45:34
So in that vein, we affirmatively reach out to a investigation junior, otherwise, to try to backtrack where, you know, what was the timing, what was the tour, what was the assignment, and then, again, the description.
2:45:46
So that's a requirement that we have to, you know, again, cooperate with the law department.
2:45:51
So it is also part of in our internal processes.
2:45:55
So the answer that was a long winded yes, but that's why we we do that for multiple multiple reasons.
