Review of New York prisons describes an attitude of 'us vs. them'
Reports of use of force incidents in state prisons have more than tripled over the past decade. Credit: AP / Mark Lennihan
ALBANY — An investigation by public corruption experts into the state Department of Corrections and Community Supervision found systemic issues at two state prisons, including excessive use of force, officer misconduct and a lack of accountability.
The June report from the law firm Wilmer Hale paints a picture of a system where staff and inmates feel unsafe and unsupported, guided by an "us vs. them" mentality.
The firm looked at issues including the department’s use of force, staff training, internal investigations and staff discipline, weapons and contraband, as well as mental health and medical care of inmates and staff. Investigators interviewed inmates, current and former correction staff members as well as department leaders.
DOCCS Commissioner Daniel F. Martuscello III said in a statement the law firm’s analysis, along with other reviews the department has undertaken, "Reflect both the important work already underway to strengthen safety, accountability and professionalism across DOCCS, and the significant work that still lies ahead."
Inmate deaths
Wilmer Hale’s report was prompted by the December 2024 beating death at Marcy Correctional Facility of inmate Robert Brooks by correction officers, several of whom have since pleaded guilty to charges from manslaughter to murder. The scope of the report was extended to cover the death of Messiah Nantwi months later, also following a beating by correction officers.
The review focused primarily on Marcy and Mid-State Correctional Facility, where Nantwi died, with additional reviews of Sing Sing and Gouverneur correctional facilities.
The review also touched on a strike by correction officers after Brooks’ death. The unauthorized strike began in February 2025 over demands for greater safety from assaults by prisoners and less mandated overtime, which had created some 24-hour shifts.
On Friday, the department released a statement noting progress on several issues that were identified in the review, including sharp reductions in excessive use of force allegations, contraband and assaults on staff and inmates in 2025 compared with 2024.
But Wilmer Hale’s review found New York had a long way to go to fix the issues facing the state prison system, which the law firm says include significant financial investments, legislative changes and updates to collective bargaining agreements.
The report includes 57 recommendations, ranging from priorities such as a systemwide protocol for facility leadership to review the use of body-worn cameras to longer-term fixes like transitioning from paper-based records to electronic.
"Our recommendations are by no means an end point; there is no quick fix here," the report states.
Atmosphere of fear
Perhaps most importantly, the review found both inmates and staff were afraid of each other.
Correction officers told interviewers they were afraid because they're too frequently subject to traumatic events, work too many hours and report not feeling supported in the job.
People serving time in the prison system reported they were afraid due to increases in uses of force, perceived arbitrary enforcement of rules and a lack of accountability for staff misconduct, as well as staff exhibitions of racial bias.
Over the past decade, reported incidents of force in DOCCS facilities have more than tripled, despite a decline in the incarcerated population, from approximately 6,000 uses of force in 2016 to about 22,000 last year.
The state prison system is suffering from staffing shortages that mean less programming for inmates, leading to worsening conditions for incarcerated individuals. Inmates then misbehave, the report found, which leads to worse conditions for staff members, who then quit.
The review also found roadblocks when it came to accountability for staff misconduct, including challenges investigating wrongdoing and imposing meaningful discipline to deter future misconduct.
The report also states the department’s training for new recruits and current employees is outdated and does not properly prepare officers for the realities of the job.
"Perhaps no policy or training could have prevented the killings of Mr. Brooks and Mr. Nantwi," the report says. "But the need for more and better training is manifest."
