2023 preliminary death reports

Your request FOIL-2023-073-00040 has been successfully submitted to the Board of Correction (BOC).
The details of your request are shown below.

Request Title: 2023 preliminary death reports

Request Description: To Whom It May Concern:

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

A copy of the preliminary death reports for:
-Rubu Zhao who died on Rikers Island on May 16, 2023
-Joshua Valles who died on Rikers Island on May 27, 2023
-Felix Taveras who died on Rikers Island on July 4, 2023
-William Johnstone who died on Rikers Island on July 15, 2023
-Curtis Davis who died on Rikers Island on July 23, 2023
-Donny Ubiera who died on Rikers Island on Aug. 22, 2023

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-2023-073-00040. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-073-00040)

The Board of Correction (BOC) has acknowledged your FOIL request FOIL-2023-073-00040. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-073-00040) You can expect a response on or about Thursday, December 7, 2023.
Please visit FOIL-2023-073-00040 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-073-00040)

The Board of Correction (BOC) has responded to your FOIL request FOIL-2023-073-00040 with the following file(s). (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-073-00040) NOTE: You must be logged in to your OpenRecords account to access the file(s). If you are not logged in, you will be prompted to do so when the link is selected. The file(s) listed below will not be publicly available on the OpenRecords portal.


* 6: Zhao_5-day_report_5.30.23_Redacted.pdf (https://a860-openrecords.nyc.gov/response/3229533)
* 5: William_Johnstone_5-day_Report_7.20.23_CHS_and_DOC_feedback_Redacted.pdf (https://a860-openrecords.nyc.gov/response/3229534)
* 4: Joshua_Valles_Final_5-Day_Report_2_Redacted.pdf (https://a860-openrecords.nyc.gov/response/3229535)
* 2: Donny_Ubiera_5-day_Report_2023.08.28_Redacted.pdf (https://a860-openrecords.nyc.gov/response/3229536)
* 1: Curtis_Davis_5-day_Death_Report_7.27.23_CHS_and_DOC_feedback_Redacted.pdf (https://a860-openrecords.nyc.gov/response/3229537)
* 3: Felix_Taveras_Final_5-Day_Report_Redacted.pdf (https://a860-openrecords.nyc.gov/response/3229538)
Please visit FOIL-2023-073-00040 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-073-00040)

The Board of Correction (BOC) has closed your FOIL request FOIL-2023-073-00040 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2023-073-00040)
Your request under the Freedom of Information Law (FOIL) is denied in part and granted in part for the reasons stated below.
Good afternoon,
This is in response to your Freedom of Information Law request to the NYC Board of Correction received October 16, 2023. You requested the following information: “A copy of the preliminary death reports for:
-Rubu Zhao who died on Rikers Island on May 16, 2023
-Joshua Valles who died on Rikers Island on May 27, 2023
-Felix Taveras who died on Rikers Island on July 4, 2023
-William Johnstone who died on Rikers Island on July 15, 2023
-Curtis Davis who died on Rikers Island on July 23, 2023
-Donny Ubiera who died on Rikers Island on Aug. 22, 2023"

A diligent search for records responsive to your request located six reports prepared by the Board following the aforementioned deaths in DOC custody. Portions of these records were redacted pursuant to (i) Public Officers Law §87(2)(b), which exempts from disclosure records that would constitute "an unwarranted invasion of personal privacy,” such as medical information or personally identifiable information, (ii) Public Officers Law §87(2)(g), which exempts from disclosure intra‐agency materials that are not statistical or factual tabulations or data; instructions to staff that affect the public; final agency policy or determinations; or external audits, and (iii) Public Officers Law §87(2)(f), which exempts from disclosure records that, if disclosed, could endanger the life or safety of any person, specifically housing area locations.
You may appeal this determination in writing within thirty (30) days by addressing your appeal to Jasmine Georges‐Yilla, Record Appeals Officer, New York City Board of Correction, 2 Lafayette Street, Room 1221, New York, NY 10007.
Best,
Melissa Cintron Hernandez
Deputy General Counsel
You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by contacting the agency's FOIL Appeals Officer: foilappeals@boc.nyc.gov within 30 days. (mailto:foilappeals@boc.nyc.gov?subject=FOIL-2023-073-00040%20-%20Appeal)