The Cost of Silence: How New York Taxpayers Continue to Pay for a System That Refuses to Change

Every year, millions of dollars leave the pockets of New York taxpayers to settle lawsuits stemming from excessive force, wrongful confinement, retaliation, medical negligence, and civil rights violations within the New York State Department of Corrections and Community Supervision (DOCCS).

And yet, the question remains:

What are we buying?

Because while settlements are paid and judgments are entered, the underlying conditions that gave rise to those lawsuits often remain unchanged.

Taxpayers foot the bill.

Families bury their loved ones.

People continue to suffer.

And the cycle repeats itself.

This is not merely a fiscal issue.

It is a moral one.

According to an investigation by The Marshall Project, New York State lost or settled more than 160 excessive force lawsuits involving prison staff, paying approximately $18.5 million in damages. The investigation further found that disciplinary action was pursued in only a fraction of those cases and that numerous officers had been named in multiple lawsuits.

More recently, a $600,000 settlement was reached between the New York State Department of Corrections and Community Supervision and Amin Booker, who alleged that he spent more than five years in solitary confinement in retaliation for exposing staff misconduct. The settlement was reported by Gibson, Dunn & Crutcher LLP and Law360.

The New York Civil Liberties Union (NYCLU) has also obtained and released thousands of previously undisclosed misconduct records from DOCCS following a landmark settlement, shedding light on decades of allegations and investigations that had previously remained inaccessible to the public.

In addition, Disability Rights Advocates, The Legal Aid Society, and Winston & Strawn LLP filed a class action lawsuit against DOCCS and the New York State Office of Mental Health alleging ongoing violations of the Humane Alternatives to Long-Term Solitary Confinement Act (HALT Act), particularly involving incarcerated individuals with disabilities.

But perhaps the most troubling reality is that the people responsible for creating these liabilities rarely bear the financial consequences themselves.

The taxpayer does.

Not the official who ignored the complaint.

Not the administrator who dismissed a grievance.

Not the supervisor who tolerated misconduct.

Not the physician who delayed treatment.

Not the institution that refused to correct itself.

The public pays.

And while money can settle a lawsuit, it cannot restore lost eyesight.

It cannot reverse a stroke.

It cannot resurrect the dead.

It cannot return years spent in solitary confinement.

It cannot give a child back the father who died waiting for medical care.

Nor can it heal the trauma carried by families who spend years fighting simply to have their loved ones treated with dignity.

The tragedy is that many of these lawsuits are entirely preventable.

Transparency is cheaper than secrecy.

Accountability costs less than litigation.

Timely medical care is less expensive than wrongful death.

Proper oversight is less costly than constitutional violations.

Compassion costs nothing.

And yet, New York continues to spend millions responding to crises that should never have occurred in the first place.

The issue before us is not whether incarcerated individuals possess constitutional protections. The courts answered that question long ago.

They do.

The issue is whether New York is willing to confront the price of refusing to learn from its mistakes.

Because every settlement represents more than a dollar amount.

It represents a story.

A human being.

A family.

A life forever altered.

And perhaps the greatest irony of all is this:

Taxpayers are paying enormous sums not because accountability exists—

But because accountability failed.

The answer is not more lawsuits.

The answer is fewer reasons for lawsuits.

Better healthcare.

Greater transparency.

Independent oversight.

Meaningful accountability.

And a commitment to remembering that those in state custody remain human beings, entitled to dignity and constitutional protection.

Because taxpayers deserve better.

Families deserve better.

Correction officers deserve better.

Communities deserve better.

And those entrusted to the care, custody, and control of the State of New York deserve better.

Until prevention becomes more important than damage control, New York will continue paying the price.

Not only in dollars.

But in lives.

And some costs can never be repaid.

The question is no longer whether New York can afford reform.

The question is whether New York can afford the cost of refusing it.

Sources:

• The Marshall Project, "In New York, Prison Guards Who Attack Prisoners Rarely Lose Their Jobs," May 19, 2023. The investigation documented more than 160 excessive-force lawsuits resulting in approximately $18.5 million in damages.

• Gibson, Dunn & Crutcher LLP, "Settlement Reached Between Amin Booker and New York DOCCS," 2026. Reported a $600,000 settlement involving allegations of prolonged solitary confinement and retaliation.

• New York Civil Liberties Union (NYCLU), DOCCS Misconduct Records Database, 2025. Released thousands of previously undisclosed records relating to correctional staff misconduct.

• Disability Rights Advocates, The Legal Aid Society, and Winston & Strawn LLP, Anthony v. DOCCS, 2024. Class action litigation alleging violations of the HALT Act and unlawful confinement practices affecting incarcerated individuals with disabilities.

• New York State Court of Claims records and publicly available federal and state court filings.

The opinions expressed herein are those of the author. Factual assertions are based upon publicly available reports, litigation records, and organizational publications.