Incarcerated Men Who Were Trapped Inside a Burning DOCCS Bus Sue New York State

KLLF has filed a claim on behalf of 16 incarcerated men who were left choking on smoke and fearing for their lives on a burning bus by employees of the New York State Department of Corrections and Community Supervision (“DOCCS”). The claim, brought in the New York Court of Claims, asserts that the State of New York, through its employees, was negligent and/or reckless in locking and leaving the men on a bus while it became engulfed in flames.

On August 27, 2021, the DOC bus, supervised by three DOCCS officers and a driver, was transporting men between correctional facilities. According to the claim, several of the incarcerated men began complaining to the officers when they saw smoke beginning to develop in the back of the bus. The officers ignored those complaints for several minutes, however, and stopped the bus only after other drivers on the road signaled the problem.

The claim also alleges that, although the DOCCS employees evacuated the bus immediately, they locked the incarcerated men inside the bus for several minutes. During this time, the men remained shackled and trapped inside the burning bus, pounding on the windows and pleading for help while DOCCS employees failed to let them escape to safety. The men on the bus feared for their lives as they became unable to see or breathe due to the smoke. Many experienced lung injuries due to smoke inhalation and continue to experience difficulties breathing today. When they were finally let off the bus, officers pushed them—still shackled—down the stairs and into a ditch, further injuring them.

Despite their requests for medical attention, the men were not given proper medical care in the immediate aftermath of the incident nor in the months following, further exacerbating their injuries. In addition to these physical injuries, many of the men continue to experience severe emotional distress because of the incident.

“The State has a duty to protect and care for incarcerated individuals’ safety and well-being,” KLLF attorney Alyssa Isidoridy stated. “In this case, it failed its duty not only by subjecting these men to extreme fear, terror, and endangerment to their physical safety, but also by failing to properly treat the serious medical needs that resulted from the incident.”

The incarcerated men are represented by Ali Frick and Alyssa Isidoridy.