Senate Bill S2510A

                                 
BILL NUMBER: S2510A

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the county law, in relation to requiring autopsy reports
to include photographs, microscopic slides, and post-mortem x-rays taken
by, at the direction of, or reviewed by the person performing the autop-
sy

 
PURPOSE OR GENERAL IDEA OF BILL:

Current law (County Law 677(6)) requires that the coroner, coroner's
physician, or medical examiner provide the Chairperson of the NYS
Commission of Correction's (SCOC) Correction Medical Review Board and
the Commissioner of the Department of Corrections and Community Super-
vision with copies of an autopsy report following the death of an incar-
cerated individual. The purpose is to enable the Board to properly
perform its function of investigating the cause and circumstances
surrounding the death of any incarcerated individual in a correctional
facility, in order to make recommendations to prevent the recurrence of
such deaths. However, existing law does not require that the autopsy
report conveyed to the SCOC Correction Medical Review Board or to the
              

DOCCS Commissioner, include photographs, slides, or x-rays. This renders
the reports incomplete and unhelpful for the important oversight work of
the Correction Medical Review Board and the SCOC. This Bill corrects
this omission and specifies that the autopsy report shall include photo-
graphs, microscopic slides, and post-mortem x-rays taken by, at the
direction of, or reviewed by, the person performing the autopsy.

 
SUMMARY OF PROVISIONS:

Section 1 establishes this act to be known as the "Terry Cooper Autopsy
Accountability Act."

Section 2 amends County Law section 674(5) to clarify that an autopsy
report for an incarcerated individual shall include photographs, micro-
scopic slides, and post-mortem x-rays taken by, at the direction of, or
reviewed by the person performing the autopsy.

Section 3 amends County Law section 677(6) to clarify that an autopsy
report for an incarcerated individual shall include photographs, micro-
scopic slides, and post-mortem x-rays taken by, at the direction of, or
reviewed by the person performing the autopsy.

Section 4 establishes that this act shall take effect on the ninetieth
day after it shall become law and shall apply to all autopsies conducted
on or after such date.

 
JUSTIFICATION:

On May 19, 2016, Terry Cooper, who had just turned 25 years old, was
brutally assaulted by NYS DOCCS Correction Officers at Clinton Correc-
tional Facility and died that day because of the assault. Mr.  Cooper
weighed approximately 115 pounds and was approximately 5'5" tall, was
the father of a young child and was known to suffer from severe asthma.
The assault included the use of batons to beat Mr.  Cooper. Mr. Cooper
died as result of this beating. During the beating, Mr. Cooper said that

he could not breathe and he needed his asthma pump and was taken to the
infirmary where he was unable to be revived.

His official cause of death was determined to be "cardio-respiratory
arrest consistent with acute exacerbation of chronic asthma."

The autopsy report provided to the State Commission of Corrections
Correction Medical Review Board did not include photographs that had
been taken of Mr. Cooper after he passed away, which clearly demon-
strated he had been beaten by batons. This omission, which was in accord
with existing law, made it impossible for the SCOC Correction Medical
Review Board to properly fulfill its oversight mission and responsibil-
ity to evaluate the cause of death of anyone who dies in custody in NYS
and to make recommendations to prevent the recurrence of such deaths.

These photographs were discovered during the course of the lawsuit
commenced by Mr. Cooper's family. (Cooper v. Clancy, Wood, and Duffina,
19-cv-00362, U.S. District Court for the Northern District of New York.)

When this case went to trial 7 and 1/2 years later (November 2023), the
jury in the U.S. District Court in Albany found that two COs had engaged
in unconstitutional excessive force and that those two plus a third had
unconstitutionally failed to intervene to protect Mr.  Cooper's rights.
The jury awarded a total of $9.25 million to Mr.  Cooper's family
because of these constitutional violations that resulted in his death.
The jury also decided two of the COs would have to pay punitive damages.
It is likely that the evidence showing he was beaten with batons played
a key role in the jury's verdict.  The Cooper family and NYS later
reached a consent judgement, approved by the Court, by which New York
State would pay a total of $8.9 million in full satisfaction of the jury
verdict.,

Had the SCOC Correction Medical Review Board received the autopsy photo-
graphs, they might have been able to make timely and lifesaving recom-
mendations related to limiting the use of batons by DOCCS Correction
Officers. In addition, the individual COs involved might have been
subjected to employee discipline or, possibly, criminal charges, had
this information been made known in a timely manner.

This bill ensures that the proper documentation, including photographs,
is included in autopsy reports provided to DOCCS and the SCOC Correction
Medical Review Board to both monitor and reflect on how deaths can be
prevented, to hold Correction. Officers accountable when the autopsy
reports indicate excessive force, and to prevent further similar trage-
dies.

This bill is named in honor of Terry Cooper in recognition of his trag-
ic, unnecessary, untimely, and unconstitutional death in 2016 in a NYS
facility at the hands of NYS Correction Officers. The intention is to
correct a gap in the law, to bring light to this tragedy, and to draw
attention to the lack of proper accountability regarding the improper
use of force by COs in this case. The hope is that this will help to
make sure such tragic events do not recur, that the SCOC has the infor-
mation it needs to fulfill its function, and that DOCCS staff who engage
in unconstitutional brutality are timely held accountable.  In addition,
the State is paying $8.9 million due to an incident that should not have
happened. The hope is that this bill will ultimately save the State
money.
As further justification for this bill, the existing lack of account-
ability within DOCCS has continued to have tragic, and avoidable, conse-
quences. In December 2024 a group of DOCCS staff members at Marcy
Correctional Facility killed Robert Brooks in a vicious beating within
an examination room in the prison infirmary, a beating caught-without
the knowledge of the staff members involved-on video. The widely shared
video shows multiple officers directly involved in physically attacking
Mr. Brooks, who was handcuffed behind his back and who appears at some
point in the process to be completely nonresponsive. The video also
depicts other staff members, uniformed officers or supervisors as well
as civilian medical personnel, standing by, observing the brutal beat-
ing, and not intervening to stop the attack or to assist Mr. Brooks. In
fact, it appears from the video that none of the DOCCS staff present
more than a dozen individuals-appeared to think anything out of the
ordinary was occurring. That is, they appear to have believed they would
never be held accountable for their actions. Several of the officers who
appear to have been involved in beating Mr. Brooks were already facing
civil legal actions based on allegations of other incidents
 of excessive force. This incident raised significant concerns as to how
it could be that state employees could engage in the conduct shown in
the Brooks videos and the incident brought to light the serious failures
and ineffectiveness of the existing employee disciplinary procedures
within DOCCS. The need for change in regard to the oversight and
accountability of DOCCS is plain and obvious.  The Terry Cooper Autopsy
Accountability Act is one piece of the necessary systemic change.

 
AMENDED BILL

The "A" print of the bill adds a section containing technical conforming
amendments to County Law section 674(5).

 
PRIOR LEGISLATIVE HISTORY:

2024:

SENATE: S9315 (Salazar) - referred to Crime Victims, Crime & Correction,
reported to Local Government.

ASSEMBLY: No Same as

 
FISCAL IMPLICATIONS:

Enactment of this bill will save the State money as it will help to
avoid costly litigation.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law and shall apply to all autopsies conducted on or after such
date.