Two of the former Marcy Correctional Facility officers allegedly involved in the death of Robert Brooks are named in a new lawsuit from a different incarcerated man, according to documents from the U.S. District Court for the Northern District of New York.
Juan Rivera, an inmate, is suing Robert Kessler and Nicholas Anzalone, along with 10 other individuals for excessive force.
Rivera is alleging that circumstances based on a lie led to officers putting him in tight restraints while allegedly punching and kicking him.
Rivera claims this beating fractured five of his ribs and punctured one of his lungs.
Anzalone was charged with murder, manslaughter, and offering a false instrument in the Brooks case. Body camera footage released by the New York attorney general’s office shows correctional officers hitting Brooks while he was restrained at the prison on Dec. 9. He died the next day at a hospital in Utica.
Kessler was fired following the death of Brooks but was not charged with a crime.