A new lawsuit alleges Department of Correction employees used full-body shackles on a woman while she was pregnant and detained on Rikers Island.
Luz Burke, who was detained at the jail complex between August 2023 and March 2024, alleges that Rikers staff violated state and federal law through their use of restraints on a pregnant person. The suit, filed Thursday, also claims that the Department of Correction failed to provide Burke necessary care and treatment during her detention.
A spokesperson for the city Law Department said the agency has not yet been served with the lawsuit or reviewed it. Burke’s lawyer did not respond to a request for comment.
The lawsuit claims that the Department of Correction confirmed the pregnancy with a pregnancy test on or about the date of her detention. It alleges staff shackled Burke each time they transported her for psychiatric examinations, doctor visits and scheduled court appearances. The suit also states that on one occasion DOC staff kept her shackled while she was in a hospital.
About two months into her detention, Correction officers stopped using leg shackles and only used handcuffs, according to the lawsuit. Officers stopped using handcuffs a month later, the lawsuit states.
New York state law strictly prohibits the use of restraints on pregnant detainees, except in extraordinary circumstances. It also requires that pregnant detainees be given comfortable accommodations and medical care.
Burke’s lawsuit also alleges that the city subjected her to unsafe housing conditions. It says the city had shut down a facility for pregnant detainees, and instead kept Burke in a mental health observation dormitory. According to the complaint, Burke was exposed to pepper spray that was directed at other detainees in the dormitory.
Burke’s accusations come at a time of heightened scrutiny toward law enforcement’s treatment of pregnant people. After a woman gave birth in a Brooklyn court earlier this year, lawmakers introduced legislation requiring enhanced training for NYPD officers on the rules surrounding restraints for pregnant detainees.