Barket, Klein Win Settlement for Family of Man Who Died at MCC

In September 2020, Tony McClam was incarcerated and awaiting trial at the Metropolitan Correctional Center in Manhattan (“MCC”)—a notorious jail that, among other things, hosted the death of Jeffrey Epstein, and has since been closed altogether.  In the early morning hours of September 24, Tony began suffering a heart attack in his cell.  He received no attention from guards or other staff until approximately 7 a.m., at which point he had been deceased for so long that his body was cold to the touch.
Led by Bruce Barket and Alexander Klein, BEKAL brought a claim directly against the United States government under what is known as the “Federal Tort Claims Act,” arguing that the government was vicariously liable for the alleged negligence and related torts of MCC’s staff.  During the course of the litigation, BEKAL secured scores of records relating to the shuttered facility, took examinations under oath of several of the federal agents who worked there, and secured evidence relating to a witness who overheard cries for help that received no response for hours.
Toward the conclusion of discovery, BEKAL reached a settlement with the United States government to bring a measure of justice to the McClam family for its loss.