Comptroller Lander Announces Settlement with the Family of Kevin Bryan, Who Died in Department of Correction Custody at Rikers Island
Bryan’s family will receive $2.25 million in a pre-litigation settlement negotiated with the Comptroller’s office; Bryan was the 14th person to die in custody in 2022
New York City Comptroller Brad Lander announced a settlement with the family of Kevin Bryan, who died in Department of Correction (DOC) custody on Rikers Island in 2022, for $2.25 million. Then 35-year-old Kevin Bryan died by suicide on September 14, 2022, six days after being arrested for trespass and with bail set at $5,003. The Comptroller’s office is empowered to settle claims against the City prior to litigation when doing so is in the best financial interest of the City.
“While no amount of money can bring Kevin Bryan’s life back, we hope to achieve a small bit of justice by reaching this settlement swiftly,” said Comptroller Lander. “Following a judicious review of the facts and the law surrounding the family’s claim, my office reached a settlement with the Bryan family that is in the best financial interest of the City of New York.”
“The family of Kevin Bryan has suffered a tremendous loss that could and should have been avoided. A mother lost a son, a sister lost a brother and a grandmother lost a grandson. In bringing the civil action to a conclusion it is our deepest hope that this tragedy sheds light on the systemic problems at Rikers Island which have existed for many years. Inmates at Rikers Island should not be facing a death penalty when incarcerated,” said Michael J. Aviles, Esq., counsel on behalf of the Bryan family.
The court set bail at $5,003, which Bryan could not make, and sent him to Rikers Island to await trial. The BOC report revealed a lack of supervision and failure to adhere to internal DOC protocol as contributing to Bryan’s death by suicide. The report further indicates that the Correction officer on duty allowed Bryan access to a DOC staff bathroom and did not appropriately supervise him for nearly an hour, which contributed to Bryan’s death by suicide. After being allowed into the bathroom, Bryan locked himself in, and staff took over 50 minutes to break open the door. DOC personnel subsequently called emergency medical attention, but resuscitation efforts failed.
Comptroller Lander continued, “Since well before Kevin Bryan’s death, I have been calling out the crisis at Rikers as being out of control, yet more and more people are being sent there, and too little is being done to address the crisis. Pre-trial detention should not be a death sentence.”
To learn more about the Comptroller’s oversight of the DOC, visit the DOC dashboard.
Under Chapter 5, Section 93 of the New York City Charter, the Comptroller has the authority to settle claims made against the City. Claims & settlements data can be found in the Comptroller’s Annual Claims Report.
The settlement was led by Justina K. Rivera, General Counsel and Deputy Comptroller for Legal Affairs; Seunghwan Kim, Assistant Comptroller, Bureau of Law and Adjustment (BLA); and was brought about by the investigation and negotiation of BLA Director of Litigation, Lynell Canagata and Deputy Director, Rohit Mallick. Michael Aviles represented the Bryan Estate.
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