NY Corrections Commissioner Remains Named in Wrongful Death Suit

A federal judge has ruled that New York State Corrections Commissioner Daniel F. Martuscello III will remain a defendant in the civil rights lawsuit filed over the beating death of Robert L. Brooks Sr. at Marcy Correctional Facility, according to The Albany Times Union.

43 year old Brooks died on December 9, 2024, just minutes after being transferred from nearby Mohawk Correctional Facility to Marcy. According to court records, he was beaten while handcuffed inside the prison infirmary. The medical examiner determined he died from asphyxia caused by compression of the neck. Investigators later recovered passive body camera footage from officers who did not realize their cameras were recording.

In a 39 page decision, U.S. District Court Judge Anne M. Nardacci wrote that Martuscello had been warned for years about a pattern of excessive force and corruption inside state prisons, including at Marcy. Advocates had described so called beat up squads and a disciplinary system that allowed officers to assault inmates with little consequence. The lawsuit argues that the culture was so entrenched officers felt emboldened to act with impunity.

Two months before Brooks was killed, several officers at Marcy allegedly choked and seriously injured another inmate in an area without stationary cameras. That inmate suffered broken ribs and a punctured lung. The judge noted those allegations had been brought to the commissioner’s attention.

“Robert had done nothing to justify the use of any force against him, much less deadly force,” the family’s lawsuit states.

More than a dozen prison employees were charged. Several have pleaded guilty, including to manslaughter. One former officer was convicted of second degree murder. Others were acquitted.