Physician banned from Rikers Island jail over tweets criticizing prison officials

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A doctor who worked with incarcerated patients at the Rikers Island jail filed a notice of intent to sue New York City after he was banned from all correctional facilities, rendering him effectively unable to do his job. The ban came after he criticized top correction department officials on Twitter.

Key Players

The New York City Department of Correction (DOC) governs correctional facilities in New York City, including Rikers Island, its main jail, which handles thousands of inmates, the majority of whom are awaiting sentencing and the rest of whom have been convicted and are serving short sentences.

Jamie Uhrig, a physician, worked in correctional health services from April 2018 until November 2022 and treated detainees at Rikers Island for many illnesses, from asthma to HIV, to substance abuse and trauma. He received his medical degree from McMaster University in Ontario, Canada.

Commissioner Louis Molina of the New York City DOC, appointed by Mayor Eric Adams, took office in January 2022 and vowed immediately to reinstitute solitary confinement as a punishment to curb misbehavior, something that his predecessor had banned in DOC facilities, The New York Times reported. He pledged to make other changes, recognizing the problem of violence, particularly at Rikers Island.

Further Details

Uhrig, an active Twitter user, did not shy away from criticizing Molina and the performance of DOC officials since Molina assumed his role in January 2022. He frequently supported groups seeking to reform Rikers Island, at times even tagging Molina directly, as well as the DOC’s official Twitter account.

In one May 2022 tweet, he wrote: “@MrLouisMolina @DoCCommish @CorrectionNYC and the blue ribbon @NYCMayor Task Force *cannot* fix #RikersinCrisis. Receivership Now!”

Receivership, a measure reformers have advocated for Rikers Island over the past year, refers to a federal takeover of DOC operations. In an April 2022 letter, the Manhattan U.S. Attorney’s office wrote that it would instate receivership if the city could not solve the issues of understaffing and security problems. Because it would involve the transfer of power to a federal office, receivership would leave Molina without a job.

“The jails are in a state of crisis, inmates and staff are being seriously injured, and action is desperately needed now,” theU.S. Attorney’s letter states.

Since the letter, Molina’s administration has restricted public information about DOC operations, limiting its oversight board’s access to security footage, and denying Congressional data requests.

In November 2022, the Physician Affiliate Group of New York, Uhrig’s direct employer, notified him that the DOC had permanently revoked his security clearance, This did not officially constitute his being fired, but it rendered Uhrig unable to do his job, since he could not enter any DOC facilities.

Outcome 

Uhrig to sue city, claims wrongful retaliation

Following the revocation of his security clearance, on Feb. 7, 2023, Uhrig filed a notice of intent to sue the city, asserting that the ban violated his Free Speech rights and amounted to retaliation, specifically alleging that his security clearance was revoked because of his tweets supporting receivership and publicly criticizing Molina.   

Sarena Townsend, a lawyer representing him, told the New York Daily News that Uhrig had not breached any confidentiality or security codes, affirming his tweets were vague criticisms that drew from publicly available information.

“Our client, Dr. James Uhrig, a revered physician, devoted to healing people languishing behind bars in our city’s decrepit jails, was constructively discharged from his position for daring to voice his legitimate concerns about the deadly conditions on Rikers Island and the failures of its commissioner, Louis Molina,” Townsend said.

Uhrig’s attorneys said the ban was meant to send a “chilling” message to other employees or contractors of DOC that they would not tolerate public dissent.

“Rather than keep a respected, dedicated physician on his team at a time when [the Correction Department] is unable to provide timely medical care to its detainees, Molina preferred instead to shame and dismiss him,” they wrote.

The notice of claim does not require a response from the government to be legitimate — Uhrig is free to move forward with the lawsuit, regardless of New York City’s response — but state law requires that it be filed within 90 days after the incident.

Adams supports Molina and decision to ban Uhrig

On March 22, at a press conference, Mayor Adams spoke in support of Molina, claiming Uhrig had spread misinformation, and saying that his clearance revocation was warranted.

“He’s a doctor. He should know the level of professional standards that he should carry out,” Adams said, referring specifically to comments Uhrig allegedly made about fentanyl being smuggled into Rikers Island.

Uhrig, in his notice, did not mention any tweets about fentanyl, and Adams did not specify any particular tweets. Uhrig’s tweets about drug smuggling had not previously been reported as the cause of the ban.

Adams also noted in his comments that Uhrig was not a direct employee of DOC, but was employed by a physician’s group contracted out by Rikers.

Following the mayor’s comments, Townsend put out another statement. “As usual, the law sharply diverges from Mayor Adams’ opinion and Commissioner Molina’s actions,” she said. “Now that we know the basis of their illegal actions, we are more confident than ever that we will succeed on Dr. Uhrig’s legal claims.”On June 23, Townsend told the Free Speech Project that at this time, Uhrig has still not gotten his job back, and that her legal office was continuing to pursue litigation.