City Settles Suit in Death of an Inmate

By DANIEL EDWARD ROSEN
Published: February 9, 2011

The City of New York has agreed to pay over half a million dollars to settle a wrongful death lawsuit filed by the family of a South Carolina man who was killed while in custody on Rikers Island in 2009.

The man, Clarence Mobley, 60, was found dead in a cell at the Anna M. Kross Center; his death was ruled a homicide by the medical examiner’s office.

Rudy Velez, a lawyer for Mr. Mobley’s family, said the $525,000 settlement, which was finalized in Bronx County Surrogate’s Court last month, had brought little solace to relatives.

“In no uncertain terms,” Mr. Velez said, “they felt the officers murdered Mr. Mobley.”

No criminal charges have been filed against the correction officers implicated in the lawsuit, which had sought $10 million, said Steven Reed, a spokesman for the Bronx district attorney’s office. The status of the investigation into the death was unclear on Wednesday.

Mr. Mobley’s family accused correction officers of failing to provide Mr. Mobley immediate medical attention after he was restrained by three officers.

Correction officials at the time said Mr. Mobley, 60, had been awaiting transfer to Bellevue Hospital Center for psychiatric treatment when he hit an officer in the face with a meal tray. He was in custody on attempted burglary charges.

After Mr. Mobley, who was 5-foot-7 and 115 pounds, was subdued, he was moved to a separate holding cell; he did not receive medical attention, Mr. Velez said. Forty-five minutes later, he was found unresponsive by another inmate who had been mopping the floor. Mr. Mobley was pronounced dead at the scene.

The cause of death, the medical examiner’s office said, was a liver laceration caused by blunt trauma to the torso.

Mr. Mobley’s daughter, Ayanna Castro, said: “I think my father’s case was brushed underneath the rug and it wasn’t handled properly at all. I think that the city didn’t do a thorough investigation and they allowed these correction officers to kill my father.”

“The settlement doesn’t matter,” Mrs. Castro, 39, added. “What matters is that these guys are walking around and are going home to their families every night and my girls don’t have their grandfather. The settlement doesn’t mean anything.”

An inmate should receive medical attention after an altercation with another inmate or a correction officer, said Stephen J. Morello, a spokesman for the Department of Correction. He would not specify the time frame in which assistance was supposed to be provided.

The circumstances surrounding Mr. Mobley’s death have been puzzling for his family.

Mr. Mobley left South Carolina for New York City on April 25, 2009, to attend a family funeral with his son and daughter. But he seemed to have disappeared; relatives learned of his death in a newspaper article.