Rikers ME death

Your request FOIL-2023-816-00194 has been successfully submitted to the NYC Office of the Chief Medical Examiner (OCME).
The details of your request are shown below.

Request Title: Rikers ME death

Request Description: To Whom It May Concern:

Pursuant to the New York Freedom of Information Law, I hereby request the following records:

All ME reports related to deaths between January 1, 2012 and December 31, 2022 occurring at Rikers Island Correctional Facility or of people in DOC custody at Rikers at the time of death

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 5 business days, as the statute requires.

Sincerely,

Wesley Lowery

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Requester's Contact Information



Name:
Wesley Lowery

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Email:
requests@muckrock.com (mailto:requests@muckrock.com)

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You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2023-816-00194. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-816-00194)

The NYC Office of the Chief Medical Examiner (OCME) has acknowledged your FOIL request FOIL-2023-816-00194. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-816-00194) You can expect a response on or about Monday, July 10, 2023.
Please visit FOIL-2023-816-00194 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-816-00194)

The NYC Office of the Chief Medical Examiner (OCME) has closed your FOIL request FOIL-2023-816-00194 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-816-00194)

We’re writing to respond to your request submitted to OCME’s FOIL on Feb 22 nd, 2023, seeking :
“All ME reports related to deaths between January 1, 2012 and December 31, 2022 occurring at Rikers Island Correctional Facility or of people in DOC custody at Rikers at the time of death The requested documents will be made available to the general public, and this request is not being made for commercial purposes. In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not. Thank you in advance for your anticipated cooperation in this matter.”

Please be advised that the Office of Chief Medical Examiner (“OCME”) does not release decedent records/autopsy reports that is not subject to public disclosure and therefore exempt from FOIL. See NYC Charter §§557(g), also see POL §87(2)(a). Also, we do not provide the requested record through FOIL so as to avoid unwarranted invasion of personal privacy. See POL§87(2)(b) and POL§89(2). OCME may release the cause and manner of death once a case has been finalized by the Medical Examiner conducting the autopsy.  Media inquiries are handled by OCME’s Executive Director for Public Affairs, Julie Bolcer.  Please contact her at or (mailto:PublicAffairs@ocme.nyc.gov) PublicAffairs@ocme.nyc.gov or 212-447-2041. (mailto:AWorthy-Davis@ocme.nyc.gov) Bolcer, Julie (OCME) <JBolcer@ocme.nyc.gov>v
PLEASE NOTE that the OCME is still evaluating the request FOIL-2023-816-00366 submitted by you on April 5 th, 2023, seeking “… A list/spreadsheet of all deaths occurring on Rikers Island and investigated by the office of the chief medical examiner from Jan 1, 2012 to the present. Please include the following information: date of death; age, race and gender of the person who died, and the cause of death (both the immediate cause and any/all contributing causes or factors)…”.
If you are a non-family member, you can obtain a copy of the ME case file and/or autopsy report by submitting a Letter of Request to OCME’s Records Department.  The Letter of Request should include: (1) your name, (2) the decedent’s name, (3) the decedent’s ME Case Number, (4) a return address, and (5) your signature.  In addition, the above records request must be submitted with an original, notarized authorization from decedent’s next-of-kin which states that such records may be released to you (next-of-kin are spouse/domestic partner, and blood relatives, such as a first cousin or closer).  The authorization must also contain the authorizer’s relationship to the decedent; if the authorizer’s relationship to the decedent is legal (e.g., Executor, Administrator, Power of Attorney) rather than familial, a copy of the documentation establishing that relationship (e.g., Letters Testamentary, Letters of Administration, Power of Attorney + Letters of Administration/Testamentary) must accompany the authorization.  OCME does not accept requests via email or fax.

The written request for decedent records, along with the requisite authorization (and other documents, as applicable), should be submitted by mail to:

The Office of Chief Medical Examiner
Attention: Records Department
421 East 26th Street, 4 th Floor
New York, New York 10016

Additionally, you can find more information about requesting decedent records/autopsy reports on OCME’s website at https://www1.nyc.gov/site/ocme/about/faq.page or you can call OCME’s Family Service Center at 212-447-2030.

If you wish to appeal this decision, you may do so within thirty (30) days of its receipt.  You may appeal to: Geoffrey K. Crary, Esq., FOIL Appeals Officer, Office of Chief Medical Examiner, 421 East 26th Street, New York, NY 10016.

Sincerely,

Xiaoshu Wu

Record Access Officer