Rikers Island inmates cost city big $$ with 'frivolous' lawsuits

.nypost. ^ | 2:15 AM, January 14, 2013 | By DOUG MONTERO AND DAN MACLEOD

[dennisw]

These jailbirds are proving that crime does pay.

Rikers Island inmates are soaking city taxpayers by suing over everything from slippery shower floors to beds they claim are too short, a Post analysis has found.

Legal claims against the Department of Correction have resulted in $111.1 million in payouts over the past five years — including settlements of “frivolous” cases that would have cost more to fight in court.

Sources said the situation is “out of control,” with a growing network of prisoners sharing the names of lawyers and even scrawling the attorneys’ contact info near the jail’s pay phones.

“Once the lawsuit is created, even if it’s nonsense, they still get paid — and most of them are nonsense,” a Rikers source said.

“They know the city will investigate and say it’s not worth going to court. They’ll offer $2,000 to squash it, and the lawyer will tell the inmate, ‘It’s a bulls--t case, but they’re offering $2,000 — you should take it.’ ”

Zaie Escribano, locked up for allegedly firing on two cops in The Bronx, is seeking unspecified damages over claims he slipped and fell in a Rikers shower in May 2011 because a “stopped-up” drain created a puddle on the floor

Payouts:

2011: $15.4 million

2010: $43.7 million

2009: $16.4 million

2008: $21.4 million

2007: $14.2 million

[reg45]

Deduct the payouts from the inmates’ food budget (and let them know it). When they are eating gruel ...

[Conan the Librarian]

It was (may still be) here in Georgia a federal rule that if the judge deemed an inmates lawsuit frivolous the inmate could be charged for cost, and, could end up getting more time.

But that was in the late 80s, rules change.

[Venturer]

First step is to close the prison law library and then take out the telephones. If the beds are too short let them sleep on the floor.If the showers are too slippery take away the soap.

It’s a prison, not a hotel.

By the way get rid of the Judges who don’t toss out this crap when it hits their desk.

[KarlInOhio]

Individual cases might be cheaper to pay out than to fight, but if you get a reputation as a quick roll-over you just invite more of those "cheap" cases. On the other hand if you drag them out and make the plaintiff's lawyer spend thousands of dollars out his his own pro-bono pocket and waste hundreds of his hours when he expected to get done in ten you'll get fewer lawsuits and far fewer lawyers willing to pursue them.

Make it clear a lawsuit will be very expensive for the lawyer and even if he does win you'll immediately appeal. Maybe some community organizer type lawyer will have the backing to continue these nuisance suits, but most others will decide their time "paying back" the community is far better spent working on real estate contracts for community gyms than lawsuits.

[Opinionated Blowhard]

This happens everywhere, not just prisons. It is very easy and cheap to file a lawsuit even if you don’t get to do it for free. Judges won’t impose costs on the loser so there is no real downside to do it. Prisoners may do it more than other people but at the end of the day, this happens to businesses every day.

[TheLawyerFormerlyKnownAsAl]

I say confiscate their pens.

[Ax]

I know a guy, Ron, who’s doing life in a federal super max for treason. I talked with a colleague about 15 years ago. He was still visiting this guy, continually debriefing, trying to see how much damage he’d done. Colleague told me that Ron, a really smart guy on the surface, had become the quintessential guardhouse lawyer, counseling the younger inmates on how to scam the system.