Tragedy at Rikers: Lawsuit filed over 26-year-old’s death

Law firm files lawsuit against NYC and Mayor Adams over 2022 Rikers Island death

August 21, 2024 Rob Abruzzese

Mayor Eric Adams is facing criticism and legal action for the city's failure to address critical issues at Rikers Island, including staff absenteeism, unsafe conditions, and inadequate medical care, which allegedly led to the preventable death of 26-year-old Gilberto Garcia. Photo: John Minchillo/AP

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Kaishian & Mortazavi LLC has filed an amended lawsuit against New York City Mayor Eric Adams and other officials, alleging negligence in the death of Gilberto Garcia, who died of a fentanyl overdose while in custody at Rikers Island on Oct. 31, 2022.

The lawsuit, filed on behalf of Garcia’s mother, Venus Mendez, and his brother, Gilson Garcia, claims that the New York City Department of Correction and Correctional Health Services failed to supervise and provide medical care to Gilberto Garcia, leading to his untimely death at just 26 years old.

The lawsuit highlights multiple failures by Rikers Island guards, including their inability to prevent drugs like fentanyl from entering the jail, inadequate supervision of inmates, and a delayed and ineffective response when Gilberto Garcia’s life was in danger. According to the complaint, Gilson Garcia, who was incarcerated at Rikers Island at the time of his brother’s death, was forced to administer lifesaving measures, including CPR and Narcan, as correction officers allegedly failed to provide timely medical assistance.

“Not a day goes by that we don’t grieve for the loss of Gilberto and the suffering that jail staff forced Gilson to endure, whose cries for help were ignored while he tried to save our brother’s life,” said Yilivett Garcia, sister of Gilberto and Gilson Garcia.

Kaishian & Mortazavi LLC argues that the city’s failure to address issues such as staff absenteeism, unsafe cell conditions, and delayed medical care directly contributed to Gilberto Garcia’s death and Gilson’s ongoing trauma.

“The city has failed for years to address staff absenteeism from their posts, maintain safe cell conditions, and provide medical care in a timely and meaningful manner,” said M.K. Kaishian, founding partner at the firm.

The lawsuit alleges that Gilberto Garcia, who had a documented history of substance use disorder, was repeatedly neglected by jail staff despite his known risk of overdose. On the day of his death, correction officers allegedly abandoned their posts, failed to conduct required rounds, and allowed drugs to circulate freely within the facility. When Gilberto’s condition became critical, officers delayed their response, forcing his brother to attempt to save his life without proper medical assistance.

Following Gilberto’s death, the lawsuit claims, DOC staff compounded Gilson’s trauma by forcing him to remain in a cell near where his brother died despite repeated requests for a transfer. Additionally, the lawsuit details allegations of falsified records and failures in staff training and response, which are said to have contributed to the tragic outcome.

This litigation seeks monetary damages, injunctive relief and policy changes to address the systemic issues within New York City’s jail system that the plaintiffs believe led to Gilberto Garcia’s death and Gilson Garcia’s subsequent suffering.