BRUTALITY CASE SUMMARIES
for the
PLATTSBURGH OFFICE
of
PRISONERS' LEGAL SERVICES OF NEW YORK

Prepared and compiled by Miehael Cassidy, Managing Attonwy for Litigation, Prisoners'
Legal Services of New York, 22 Broad Street, Plattsburgh, New York 12901
Revised, October 1997

I.

Successful Bench Trials

Boston v. Brown. 88-CV-1170 (N.D.N.Y. 1995) (MeCum, J.)
l<'aeility:

Clinton

Incident:
Trial Date:
Decision:

December 31, 1987
December 27,1995
December 28, 1995

Plaintiff(s):

Terrence Boston

Defendants:

Sergeant Stephen Brown and Correction Officers John Gillen, Raney Roek
and Robert Ayotte.

Defendants Liable:
Damages:

All four defendants

$2,500 compensatory
$4,500 punitives ($1,500 against Brown and $1,000 each against Gillen,
Rock and Ayotte)

Attorney's Fees:

$14,552 upon motion

Claim:
Plainliffwas in a fight with another inmate over the inmate having given him dirty sheets
fi·om the laundry. The fight only involved pushing and grabbing but no punching. While beiug
restrained, he bit CO Rock. During escort to facility hospital, Sgl. Brown punched and struck
him several times in the head. CO's Gillen and Ayotte then also kicked and hit him in the head,
legs, and ribs, whi Ie the sergeant watched. CO Roek then arrived, saying "that flIcking nigger bit
me." Rock then punched and kicked him, and chopped him in the neck.
Injuries:

Boston suffered rnultiple contusions, abrasions, lacerations and scratches to his
head, cars and fllce areas. He also had a small scratch/abrasion to one hane!.
Photographs taken by the flicility showed bumps and blood on his forehead and
mouth areas, as well as blood on bolh ears.

Court's Fiudiugs:
In ruling Ji·OI11 the bench, the court staled that under the circumstances "the Court was
led to the inescapahle conclusion that defendants gratuitously heat plain/iff not in a goodfaith
eflr)rt to maintain or restore discipline hut rather maliciously and sadistically to cause Inn
harm." The court also stated that "[t]he wholly gratuitous nature o{the heating injlicted upon

2

plaiutillby defeudauts at a time wheu he was haudcuffed, aud there!i)re, helpless to defi.'nd
himsclfsupports oj/udiug that the imposiliou ofpunitive damages against deli'ndants is required
in order to punish themfor their willfiil and malicious conduct and to deter others in their
positionsfiom similar hehavior." Finally, the COUlt stressed that it understands the diftlcult job
of prison officials and that as a general matter it "allows a great deal afdeference to the behavior
of correction af}7cers." "However," the court stated, after listening to the testimony ofplaintif{
and defcudants and in reviewing
the exhibits presented at trial, the Court was convinced that
the credihility battle was not a close one. Although plaintifl's testimony was eonsistent with the
documentary evidence of his iujuries dcfcudants ' testimony was wholly unsupported by thc
same "

Otero v. Bahhie, 92-CV-1064 (N.D.N.Y. 1994). (Smith, M.J.)
Clinton

lnci!kllt:
Trial Date:
Dl'cisioll :

.June 4, 1992
Facility:
September 20-26, 1994
October 24, 1994 Compensatory Damages
April 19, 1995 Punitive Damages

Plailltiff(s):

Miguel Otero, .Julio Villanueva and Renaldo Graham

Defendants:

Correction Oftlccrs Lcigb Martin, Kris Bruno, Kenneth Waldron, Todd
Parrottc, Jay Devan, Sherman Dubrey, Daniel Caron, John Metcalfe,
William ReiI', Gary LaRoque and Theodore Rascoe, Sergeants Harold
Boyle, Anthony Pavone and Philip Patnode, Deputy Superintendents
Thomas Rieks and Wendall Babbie.

Defendants Liable:
Damages:

All, except Metcalfe, Reif, LaRoque, Rascoe, Ricks and Babbie.

$18,000 compensatory (Otero $9,000; Villanueva $6,000; Graham $3,(00)
$ 13,000 pnniti ves ($2,500 against Caron; $2,000 against Boyle and Pavone;
$ 1,500 against Parrotte; and $ 1,000 eaeh against Marlin, Bruno, Waldron,
Devan and Dubrey. No punitive damages assessed against Patnodc).

Attorneys Fees:

$68,000 settlement

Claim:
Thirty-five prisoners wcre lined-up in corridor (c)r KL ree. A few at the end of Ihe line,
including Otero and Villanueva, were fooling over a piece of candy. CO's thought it was a fight
and ovclTeacted. Villanueva was taken back into block and assaulted, resulting in a major
confi'onlation between inmates and staff in the cOlTidor. Villanueva was assaulted along the way
3

to the hospital, and so was Otero. Both were taken to isolated rooms near hospital and assaulted.
Graham was assaulted at the hospital after he had been examined for injuries received in the
corridor. Thus there were essentially three separate incidents in which plaintiffs were assaulted.
The assaults consisted of being repeatedly punched, kicked and struck with batons, often while
their hands were cuffed behind their backs.

Injnries:
Plaintiff Otero spent 10 weeks in the facility infirmary recovering from massive head and
leg trauma, including a broken fool. Plaintiff Villanueva suffcred multiple bruises, swelling ,md
abrasions over his head and body, including a perforated eardrum. PlaintifTGraham receivcd
multiple body and head contusions and abrasions, and a deep laceration over his lcft eye tiom a
baton strikc. Good photographs of the injurics, including some we took four days later.
Court~s

Findings:

On October 24, 1994, the court awarded a total of $18,000 in compensatory damages I(Jr
the defendant officers' and sergeants' "unauthorized, improper and unreasonable" use of I()rcc.
The Court held that to subject plaintiffs to this type oftreatmcnt, "particularly when in
restraints, was not only excessive but cowardly (particularly the assault on Graham by rOflicer!
Caron)." The Court further noted that "[dJefendants' argument that it was 'objectively
reas(JIIahle' J'or them to act as they did was totolly without support. No trained, or even civilizcd,
eorreetion ojlicer could believe that sueh eonduct does not violate clear/v established statutOfy
and constitutional rights o/which a reasonable person would have known."
The court also found that racism played a role in these assaults, finding that Officers
Bruno and Martin "kieked, punched, and spit on [Mr. Villanueva! while using racial epithets."
Likewise, the court found that Officers Devan and Dubrey were "yelling racial <pithets" at Mr.
Otero as they were "kicking, stomping and striking him with batons." Finally, Mr. Graham was
also "showered with racial epithe!s" along his escoli Ji·om the incident to the prison hospital.
On Apr; I 19, 1995, the court ordered nine of the ten defendants who were found liable in
October (7 officers and2 sergeants) to pay a total of$13,000 in punitive damages. As Judge
Smith noted in his decision, while "the duties o/a correetions officer are di/lieul! and not always
plcasaal . .. exeessiveforce is inappropriate and can and will not be toleraled by sociely or the
eoarts." With respect to the assault upon Mr. Graham, the court uoted that Officer Caron's
"totallv unprovoked allaek on plaintiff Grahanl, punching him in the back a number o/times, in
the jaw at leasl twice and particularly by striking him near Ihe eye with his baton causing a
serious injury while Grahanl was handcuffed behind his back was iuexcusable." Judge Smith
held that "as 10 the assault Oil plaillliflOtero, If/nd Ihat de/elldants Jay Devall and Sherman
Dubre}' 'vcre equally culpable ill thai afier pUllching Otero as he lay on the poor, they cOlltinued
this assault, kicking, pUllching, striking with batons, all the while shouting racial slurs while
Olcro ,vas hwulcuflcd behilld his back." In the incident involving Mr. Villanueva, the court

4

ordercd two sergeants (one oCwhol11 has heen promoted to lieutenant since the incident) to pay
punitive damages for their failure not only "to ensure that exccssive/iJrce is not lIsed against
inlllates," but because they themselves participated in such use of excessive force. The court also
note that the punitive award against officer Parrotte was necessary because "not onlv did he kick
Villanneva while he was handcuffed hutthcn eontinucd somewhat later hy rcmoving his shoes
and striking hilll on the/eet and legs while he was shackled."
Interestingly, Judge Smith indicated in his April 19 decision that punitive damages were
being imposed "with thefinn eonvietion gainedFolII 13 years as ajudicial officer handling
hfigation involving prisollers' claillls ofcivil rights violations that the illcidents occurred as
descrihed by plaintifli' and that slleh violatiolls o/j)risoners' civil rights are lIot uncommon."

CaY v.

Burlei~h,

89-CV-878 (N.D.N.Y. 1995) (Scanlon, M.J.)

Incident:
Trial Dak:
Decision:

July 28,1988
Facility:
September 15, 1994
April 28, 1995 Compensatory Damages
October 16, 1997 Punitive Damages

Plaintiff:

Nelson Cay

Defendants:

Correction OfIicers Sherman Dubrey and Michael Burleigh

Defendants Liable:
Damages:

Clinton

Both defendants.

S 14,000 Compensatory damages
S 42,000 Punitive damages ($21,000 against each defendant)

Attorneys Fees:

(to be litigated or settled, 10/97)

Claim:
PlaintiiTwas on a work crcw mowing lawn in the hlcility church area. Whcn plaintiff
linished, Burleigh asked him to help another inmate finish and plaintiff rehlsed. Burleigh
ordered him keeploeked and proceeded to escort him hack to his housing area. On the way, he
and Dubrey took plaintifTinto the closed commissary area and brutally beat him. Another
unknown CO stood guard by the door.
Injuries:
Mr. Cay suffered serious and substantial physical injuries, which included large areas of
nl\lltip1c bruises and contusions to his back, chest, right and Icft llanks, left foot and ca]j~ righl
5

thigh, lcll wrist and arm, and right scapular area. Good photographs, including some we took
eight days later.
Court's Findings:

The court stated that as a resnlt ofMr. Cay's apparent refusal to assist another inmate
mowing grass, "defc'ndant Burleigh and d<j'endnnt Dubrey abrogated to themselves the role of
adjlldieators of the eharges against plaintiff Thevfound him guilty. As punishment jor
plaintIff's defiance andflippant attitllde they deeided on summwy corporal punishment." The
court described sneh punishment as "a quick, efficient and savage beating" and that
"[d] efimdants ' lawless hehavior which inflieted 'wanton injUly [upon Mr. Cay] cannot he
condoJled. "

The conrt also flatly rejected defendants' denial that they uttered racial epithets at Mr.
C'ay while beating him, and that they had never heard any stall at Clinton call any inmate
"nigger" or "spic." 'I'he court Ittrther noted, "[d]efeendonts' demeanor while testifying was in
tllrn sllperciliolls, condescending and cvasive." Moreovcr, and contrary to their testimony under
oath, the court found that "dejimdants ignored the usual proeedllres designed to prevent
escalation %ffieer/prisoner disputes in order to isolate Cay, to punish Cay and to cover lip
their aets."
The Conrt also stated in its punitive damages decision as follows: "ft has been the
e\pc!'iellce o/tlze COII!'t that the majority o!,co!'rectional persollnel acquit themselves dutifitli\' in
a projhssion of/ell attendant with stressfi.tl and tlying circumstances, but de/endants ' sadistic and
delihcmte actions clearly went heyoud tlte pale olacceptable behavior. Officers Bnrleigh ant!
Dub!'ev ambushed pia ill tiff: As the)' administered a savage beating upon him, they called him
"Puerto Rican spie" and olle threatened to kill him. That plaintif/was an inmate presents no
excnseje)( their actions. Society expects more ji-om individuals plaeed ill positious olauthority.
and {/ tokell pUllitive damages award would be illappropriate in this installce."

Crespo v. Coughlin, 84-CV-718 (N.D.N.Y. 1994) (Smith, M.J.)
Trial Date:
Derision:

May 22, 1983
March 16-18, 1994
April 14, 1994

Plaintiff(s):

Richard Crespo

Defendants:

Sergeant Thomas Robert.s and Correction Of11cers Stephen Brown, Daniel
Canning, Gcary LaRoque, Superintendent Eugene LeFevre, Commissioner
Thomas A. Coughlin, JIl, Acting Deputy Superintendent of Security John
C'urran and DepLlt.y Superintendent of Security James Sullivan

Jnrident:

Facility:

6

Clinton

Defl,ndallts Liable:

Daulages:

Roberts, Brown and Canning

$30,000 Compensatory (no punitives awarded)

Attol'lleys Fees:

Settled for $40,415 (includes $250 interest)

Claim:
There was a large demonstration/takeover in thc prison yard in response to officers'
assault of an inmate named Raphael Quiles. Plaintiflwas in the yard at the time of the takeover,
hut denied any involvement in the demonstration. He said the defendants believed he was
involved simply because he was hispanic, and as a result, beat him in retaliation once control
over the yard was restored and prisoners were being processed back into the faci lity. Plainti 1'1'
testified that the scrgeant told the officers to beat him, stating "party on that."
Injuries:
continuing
the court

Plaintiff suffered serious wounds to his head and legs which required stitches, as
well as bruises and abrasions to his head and bocly. Plaiutiff testified to
emotional injnry, sleeplessness, nightmares ancl migraine hcadaches, but
did not find such claims substantiated.

COli rt'sFindings:
The court found that plaintiff had been viciously assaulted by a sergeant and two
correction officers. (Ot1lccr Brown had been promoted to sergeant at the time of the trial. He
was also a defendant in Boston). The court found that as a result of defendants' beating,

"plailllifTsuffered serious wounds to his head and legs which required slilehes as weI! as bmiscs
alld abrasions to his head and bodv." The court fllrther noted that "plainlUTdid uorhing lojustify
Ihe use o{allv/orce. milch less the amount offorce which f find was used by d,ji'llllants Roberi.I'.
BrowlI and Call1lillg. .. There was simply no need{or the apphcaiion o{any/oree and it canllot be
seriollsly argued tlwtjorce was applied in a goodfililh 'if/art to maintain or reslore discipline.
III deed. il is clear thai il was applied malieiouslv/01' Ihe sole pWl)()se o{eausillg harm."
Plaintiffhacl claimed that CO LaRoque threatened him the day after the incident should
he speak with the Inspector General investigators. The court "aecepted as Ime" such claims,
flllding LaRoque's testimony "wnvorthy of belief" However, the court held that this did not rise
to the levcl of an 8th Amendment claim, stating "[sluch conduct by LaRoque is reprehensible hut

nor, in these: circumstances, actionablE:."

Seott v. Dubrav, 87-CV-1340 (N.D.N.Y. 1992) (Hurd, M.J.)
luddl'ut:
Trial Date:

August 9, 1987
February 3, 4 and 5, 1992

Facility:

7

Clinton

Decision:

April 22, !992

Plaintiff(s):

Kenneth Scott

Defendants:

Captain Roger Dubray, Lieutenant Samuel Tedl{xd, Sergeants Robert
Sweeney and Darwin LaClair, and Correction OfJieers Mark Liberty, Pat
Conley and Steven Parker.

Defcndants Liablc:
Damages:

Tedf(lfd, Sweeney and Liberty (action against LaCfair was dropped).

$ 1,250 Compensatory damages
$500 Punitive damages ($ I 00 against Tedford and $200 eaeh against Liberty
and Swceney)

Attorney's Fees:

Settled for $15,000.

Claim:
There was a disturhance in the SHU which involved throwing Cood, feces, etc. onto the
gallery. As CO's Conley and Liberty were putting a cell shield on plaintiffs cell, he squirted
thern with urine. As a resn!t, and with the assistance and planning of a lieutenant and scrgeant,
the CO's retaliated. The retaliation was to squirt plaintiff with urine and beat him.
Injuries:

Severe contusion, swelling and laceration to left eye. Eye was swollen for about
two weeks and he suffered headaches for 4-5 months. A complete recovery was
made, with no visual impairment.

Court's Findings:
Court [(lUnd Sweeney and Tecl](ml set up plaintiff to have urine thrown on him by CO.
Liberty who also punched plaintilTin the head. Injuries were aI", ineh laceration to upper len
c)relicL, contusion to left eye, and swelling 10 lower eyelid. The court found "this lV{lS not a
sponlaneous allack [bul) a planned retalialion, and whn it went too./(Ir. there was a cOl,,:erted
eiF)rl 10 cover il up." The court also stated, "the officers got right down and dirty with Ihe
plaintiff '/fyou squil'l us with urine, we are going to throw eups of urine on you and add a
couple oj'punches. ' Sueh an allilude, while underslandable (fnd perhaps e\peeted on a
c1uldren 's playground, cannot be tolerated within a prison system by {/ civilized soeiely."

Diaz v. Richardson, 90-CV-448 (N.D.N.Y. 1992) (Hurd, M.J.)
lucident:

June 28, 1989

Facility:

8

Clinton

Trial Date:
Decision:

February 25-2<l, 1992
October 5, 1996 Compensatory Damages
November 13, 1992 Punitive Damages

Plaintiff(s):

Eligio Diaz

Defendants:

Sergeant Earl Parks aud Conection Offlcers Roderick Richardson, Stephen
Martin and Randy Vann

Defendants Liable:
Damages:

All defendants.

Initially $22,500 total ($8,500 compensatory and $14,000 punitive) awarded by
the court. ($5,000 punitives against Richardson, $4,000 against Parks and $2,500
eaeh against Martin and Vann).
[Defendants appealed the punitive damages award, whieh led to a settlement
of 521 ,500 in compensatory damages. Thus although we have two court
decisions, the case was settled with no punitive damages.]

Attorneys Fees:

Settled for $15,000

Claim:
Plaintiff requested that Richardson give hirn his personal property. Richardson ordered
hlill to return to his cell, plainliffrefused aud demanded to speak with a sergeant. Richardson
then assaulted plaintiff: pushing, punching and kickiug him. PlaintilTgot up and tried to get
away, running to some of the upper galleries. Defendants took chase, caught him and viciously
beat him.
[n]nl'i,'s:

Plaint; IT suffered a Ihrcture of the right zygomatic bone, Ihrcture of the
right lnaxillary bone, and laccnltions, abraSIons, ecchymosis and hemorrhage of
and around the eye, as well as abrasions and scratches about his body.

Court's Findings:
The court found that officcr Richardson initiated the incident by pushing Mr. Diaz "ven'
hard Ivilh holh hands" and "Ihell proceeded to strike and kick [him] while he was on the/loor."
Officers Martin and Vann then arrived and "proceeded 10 adminisler a/urther healing." The
court thus stated that it could "only conclude that Ihe deji:ndants Richardson, Vann. and Marlin
used IIl1neeessalY and )I'anton in/liction ojjim:e 1117011 Ihe plaintiff in violation ofhis
eonslilutional rights ... [und Ihat] ['urksjililed 10 intervene, aild Ihus condoned tlic IISC o/j)hysical
jim'c... " The co uri went on to state that "[i]nfacl,
[Parks] did morc Ihan .iust -/itillo inlervene.
,
-.
hc entered inlo a conspiracy by delaying a call/i)r help unlil sli/licient time elapsed 10 <?IIahle
.

dc/endanIS, parlicll!arl)' Richardson, 10 adminisler their vCllge/iti bcaling on Ihe lipper/!oors ol
Upper F B!ock." The court also "totall)' rejcctc,!' the defendants' version of what happened,
having claimed plaintiffs injuries resulted from a fall against a feed-up cart. On November 13,
I 'In, the court went on to award $14,000 in punitive damages against the defendants to punish
them Illr their "viciolls beating" ofMr. Diaz. Again, however, deCendants appealed the punitive
award whieh led to the above-mentioned seUlement.

Hanten v. Maldonado, 82-CY-1166 (N.D.N.Y. 1989) (Munson, J.)
Faeility:

Cliuton

Inddent:
Trial Date:
Dedsion:

May 22, 1'181
August 11-14, 1986
May 24, 1989

Plain till(s):

.I obn Hayden

Defendants:

Correction Officers Aristides Maldonado aud Larry Brooks

Defendants Liable:
Damages:

Both defendants.

$24,600 total ($12,300 compensatory decision hy the court, then a settlement of
another $ I 2,300 instead of court deciding punitivcs).

Attorney's Fees:

Seltled for $43,000

Claim:
PlaintilTasked Maldoualdo to allow a fellow inmate to attend the afternoon's movic. He
rejected the requcsts and ordered plaintiff to lock in his cell, which he did. PlaintifTtcstificd
shortly alter his eellwas cracked and told a sergeant wanted to speak with him. The two
defendants and it third unknown officer then assaulted him. Defendants claimed plaintiff
received his injuries as a result of an epileptic seizure.
Injuries:

Hayden suffered bruised ribs, a black eye, and other bruises and abrasions about
his head and body. He spent two weeks in the facility hospital as a result of the
beating.

Court's Findings:
The court stated that it did not credit the defendants' testimony, rejecting their claim that
they did not assault him and that his injuries resulted Irom an epileptic seizure. The court also
noted that the reilson plaintiff had not complaincd to certain prison personnel that he had been
beaten alier the assault was fear of further harm. The court notcd that "[t]he molive fl)r nol
10

tellil/g these is il/dividuals is tha! he ji'(lred/ilrther retributiol/ .... COl/sequel/tly, he would be
reticel/t to tell al/Y prisol/ persol/I/ellhal he was a!taeked because ,vorkd mighl get back to Ihe
origilla! as.'1'ailanfs."
In its decision, the court expressed an intention to impose punitive damages against
defendants. However, the parties sellied for an additional $12,300 prior to the hearing on
puniti\'e damages.

Lane v. Ball, 86-CV-406 (N.D.N.Y. 1988) (Smith, M..J.)
Facility:

Clinton

Incident:
Trial Date:
Decision:

November 25,1985
AngustI7-18,1988
November 14, 1988

Plaintiff(s):

Darryl Lane

Defendants:

Sergeant Robert Ball and Correction Oftleers Rick Covey, Edward
McGuire, Mark Reyell, Theodore Michael Rascoe, Robin Blaise and James
Dumont.

Defendants Liable:

Damages:

Only defendant Covey. (Prior to trial, parties stipulated to dismissal of
claims against Dumont and Ball)

S 14,000 (Court found liahility; damages amount was scttled)

Attorney's Fees:

$11,000 settlement

Claim:
On the way to breakfrlst, plaintiff took a piece of cake from a tray with him. Covey
ordered him to rdurn to his cell. Plaintiffs request to speak with a sergeant was sharply denied,
and npon his joining the company, Covey struck him and with the help of other officers wrestled
him to the 11001'. After cnffed and sLlbdued, Covey struck and kicked him with his booted f~)(jt.
Aner being stood np and placed on the wall, Covey continued to punch him several times in the
f~lce,

c;:lusing serious injuries

Injuries:

Lane suffered serious injuries, including injury to the left eye where he was kicked
and punched by Covey.

Courl's Findings:
The court rnled that CO ('ovey "used unreasonable, gralulious and e.ccessiveforce
II

lIIalicioaslv alld sadistlcall)'/or the purpose oleauslug harlll." The stated "[a]IIer plallltll/wlIs
1111 thefloar alld suhdued. he was struck lIud kicked III thejilce IIlId elsewhere hy Covey'" hooled
flOI, ellusillg pillilllii/serious Illjurles Illeludlllg 111'1 illjur)' to plallltifTs lefl e)'e." The court f(lLLIld
that "[p]lailltUfwas thell hrought to hisfeet and lIIoved to a wall ill halldeu/fi' whereupoll ('over
agaill pUllehed plailltil/several times ineludiug hlows 10 the leji side ofhisf'lce In Ihe area of his
IIIJIII'ed e)'e." The court found the other officers used reasonable force in subduing plaintiff The
court also f()lInd insufficient evidence to support the claim that the other officers did not avail
thelusclves 0 I' a ITahs! ic opportunity to intercede to protect plainti ff li'om injury.

B.

Successful Jury Trials

Johnson v. Pecore, 93-CV-472 (N.D.N.Y. 1995) (DiBianco,iVLJ.)
Facility:

Indden t:
Trial Date:
Decision:

April 22, 1992
August 21-25, 1995
August 25,1996

Damages:

$37,500 total damagcs
Jury awarded $25,000 compcusatory for beating aud $3,000 for iuade,!uate
medical care.

Cliuton

Parties scttled for $9,500 iu punitives.
Plain tiff(s):

Keuueth .I ohnson

Defendants:

Sergeant George Wright, Correction Officers Kevin Pecore, Paul Mintzer,
George Shepler, and Larry Carter, and Nurse Douglas Johnson

Defendants Liable:

Pecore, Shepler, Wright and Johnson

Attorneys Fees:

Settled

j()r

$24,000

Claim:
Plaintiff got into an arguement with Pecore about using the toilet in the yard. He was
assaulted by Pecore and other CO's there at the yard door. He claimed he was beaten again aftcr
he was taken to the f~lci1ity hospital.
Injnries:

His injuries included a separated shoulder, hruised ribs and cuff marks. The case
included a claim lelr inadequate rnedical care, since the separated shoulder was no!
discovered during his medical cxarnination felllowing the usc of force incidents (it
12

was not discovered until the ncxt day J(lllowing a sccond examination).

Murrav v. Cross, 93-CY-1007 (N.D.N.Y. 1995) (Smith, M.J.)
Facility:

Incidcnt:
Trial Datc:
Decision:

December 13, 1991
Jaouary 18-24, 1995
January 24, 1995

Defendants:

Sergeant David Armitage and Correction Officers Eugene ('ross, Richard
Rcndle, Lyndon Johnson and Kenneth Waldron.

Defendants Ijabk:

Damages:

Clintou

Jury vcrdiet [(lUnd only defendant Johnson Liable. New trial granted as to
all dekndants, then case settled.

$2,500 compensatory damages. Before a second hearing on punitive damages was
held, the court ordered a new trial upon motion by the defendant heldliablc.
Prior to a second trial, the parties settled for $1,500.

Attorneys Fees:

Settled for $4,000.

Claim:

Plaintiffallcged he was beaten in Clinton's PC unit. He claimed hc was punched in the
head and hit and kicked and stnlek with batons about his head and body. He also claimed his
shoes were removed by Johnson during the beating and that Waldron struck him on bottoms of
his ket with his baton. He alleged the beating was in retaliation for a sexual relationship with a
nurse at Clinton.
Injuries:

III.

Multiple contusions with abrasions, deep laceration on lcfll()rearm and hand,
linear bruises on back, abrasion Icll ankle and toe, with tenderness and weight
bearing pain. Moderately severe strain oflell lower leg and Coot, back strain in
thoraxic area. Contusions with abrasiolls to chest.

Settlements

Slater v. Menard, 95-CY-897 (N.D.N.Y. 1996)
Incidcnt:
Settlcment Datc:

October 4, 1994
Augnst 1997

Facility:

13

Clintoll

Plaintiff:

Michae] Slater

Defendants:

Correction Officers Darryl Menard and Aristidcs Maldonado
$18,000

Attol'lley's Fees:

$7,000

Claim:

Plaintiff claimed that he was assaulted by the two officers in the prison ]ndnstria]
lluilding. He claimed Ofticer Menard Iirst assanlted him, then handcnffed him behind his back,
after which he was further assaulted by both oJ1icers. He claimed the assaults consisted of blows
ahout the head and body by OrJicer Menard with his fists and by Officer Maldonado with his
baton. He also claimed that the two orricers filed hl]se reports in order to cover up the alleged
beating, including I[llse misbehavior reports whieh resulted in a lengthy period of solitary
conlinernellt.

Multiple eontnsions, abrasions, and other injuries to his
hands.

Injnries:

nICC,

back, legs and

Alamo v. Rushford, 92-CV-922 (N.D.N.Y. 1996)
Incident:
Settlement Date:

Apri I 17, 1992
September 27, 1996

Plaintiff:

Luis Alamo

Del'en da nts:

Correction Orriccrs John Rushfelrd, Howard Pickman, Brucc S1. Pierre,
and Terry Brunet

Damages:

$23,000

Att()rne~"s

Fees:

Facility:

Clinton

SI6,OOO

Claim:

Plaintiff claimed that he was assaulted by the lelUr ofJicers following plaintiffs fight with
anot her inmate in Lower F Block. Plainti ff alleged he was cuffed, taken to an isolated sergcan t' s
office and brutally beatcn. He alleged he was punched and kicked about head and body, struck
with a baton across back and held down on a desk while officer Rushford wrapped an electrical
cord around his neck and severely chokccl him.
]4

Injnries:

Bruises and contusions about the body, contusion and swelling to right eye, deep
ligature-type marks and lacerations on neck,

Allawav v. Martin, 93-CY-1263 (N.D.N.Y. 1996)
Inrident:
Settlement Date:

December 3, I'J'JO
April,I'J'J6

Fadlity:

Plaintiff:

Charles Allaway

Defendants:

Correelion Officers Stephen Martin, Howard Pickman, Scott Darrah, Jay
Siskavieh, Ronald Boyse, and Dale Dubrey, Sergeants Harold Boyle and
Timothy Murtha, and Lieutenant Bruce McCormick, On lililure to
discipline supcrvisory liability grounds, Commissioner Thomas A,
Coughlin, III, Assistant Cornmissioner Kevin Breen, his Special ASSistant
Thomas Testo, and Deputy Director Lorrainc Macey.

Damages:

$40,000

Attorney's Fees:

$20,000

CI inton

Claim:
Plaintiff claimed he was assaulted by Boyse, Darrah and Siskavitch outside his cell. He
Ihen claimed Ivlartin and Pickman thrcw him down a flight of stairs on escort 10 hospital, and that
he was furlher beat in the hospital. The elainl also alleged blse reports to cover up the beating.
Supervisory liability elaim against DOCS Labor Relations for repeated failure to discipline
Martin and Pickman and others for excessive (c)rce.
It's notable that plaintiff had pled gnilty (0 numerous criminal charges of assault in the
undcrly!ing incident.
Injuries:

Mnltiple contusions, abrasions and other injuries, including a 2Y, inch deep
laccration to his head requiring stitching.

Guadelupe v. Brushnefski, 93-CY-81 (N.D.N.Y. 1995)
Incident:
Settlement Date:

July 17, 1'J')2
September I 'J'J5

Plaintiff:

Orlando C'uadclupe

Fac.ility:

15

Clinton

Defendants:

Correction Of]iccrs Cary Brushnefski, Paul Uliva, William Allen, David
Allen, Lyndon Johnson, Orris Mayo, Foster Beede, Charles Grimshaw and
David Beane, Sergeants Philip Patnode and T. Lobdell

Dalnages:

$7,000

Attorne~"s

Fees:

$7,000

Claim:

Plaintiffclaimcd he was assaulted by ol'licers while handcuffed on July 17, 1902.
Inj uries:
his

Medical records indicated that he suffered l11ultiple abnlsions and lacerations to
face and l110uth and upper body.

Ramirez v. Allen, 94-CY-590 (N.D.N.Y. 1995) (Smith, M.J.)
Clinton

Incident:

July 17, 1902

Settlement Date:

September 1995 ("misplaced" and re-signed stip in March 1996)

Plaintiff:

Rapbael Ramirez

Defendants:

Correction Officers Gary Brushnefski, Paul Uliva, William Allen, David
Allen, Lyndon Johnson, Orris Mayo, Foster Beede, Charles Grimshaw and
David Beane, Sergeants Philip Patnode and T. Lobdell

Fadlity:

[Fina] Stipulation dismissed frol11 the case.]
Damagts:

$4,500

At!OI'lH'y'S Fees:

55,500

Claim:

This is a companion case to Guadelupe. He claimed that he was taken oul of his cell and
slruck in the head by an officer, handcuffed and then f1ll1her struck aboullhe body as he was
taken to the llleility hospital.
lujnries:

his

Medical records indicated thai he suffered from contnsious and ahrasions ahonl
head, neck, face, lip, right rib cage and right upper shoulder.

16

Rlake v. Osborn, 94-CY-527 (N.D.N.Y. 1995)
Facility:

Clinton

Incident:

June 14, 1992

SelllenH'nt Date:

March 1995

Plaintiff:

Anthony Blake

Defendants:

Correction Ofllcers Kevin Osborne, Michael Mussen, C'hristopher Otraulo,
JcfTBaker, and Norm Gero and Sergeant Donald Yando

Damages:

S12,000

AttOrlH'y'S Fees:

S2,OOO

Claim:

Plaintiff alleged that hc was assaulted hy six ot1iccrs, He claimed that one officcr
punched him in the face, knocking him down a flight of stairs, after which other officers
proceeded to punch, kick and strike him in the lilCC and body as he lay on the floor. He also
claimed that on the way to the lileility hospital, he was I,)feed to "kiss" each step on the stairs
leading to the hospital.

Inju !'ies:

He suffered multiple abrasions to his Lice, bruising to his forehead, swelling about
the eyes, a bloody nosc, abrasions and bruises on his back and left shoulder and
scrapes and abrasious on his elbow, as well as pain to his ribs and ankle,

Moon v. Bousquet, 92-CV-789 (N.D.N.Y.1993)
Facility:

lnddent:
Settlcnwnt Dale:

September 19, 1')89
January 14, 1993

Plainliff(s):

Michael Moon

Defendants:

Sergeants Edgar J. Bousquet, Thomas Roberts, Thomas R, Whitman,
Correction Officers Henry A. Cormier, I,awrenec .I, Cormier, Craig S,
Stoughton, Theordore Michael Rascoe, and Carl Walker, and
Superintendent Senkowski

Damages:

SI2,OOO

17

Clinlon

Attorne~"s

Fees:

55,000

Claim:

Plainti ITclaimcd he was assaulted by four officers in the presence oftwo sergeants who
failed to intervene, This incident occurred in the Mental Health Satellite Unit at Clinton. I te
claimed he was punched, kicked, struck with batons and that Rascoejumped on his hack with his
hoots while he was being held down on his bed. In X-ray room, tcchnician heard CO's wonder
how they conld explain his injuries, one of them suggesting thcy say he fell off the table.
PlaintifTalleged and his medical records showed that he suffered illcial
multiple bruises, swelling, ecchymosis to eyes and and other injuries to his
and body.

Injuries:
lacerations,
head

Rosado v. Cnrwlev, 87-CV-791 (N.D.N.Y. 1993)
Fadlity:

I nrident:
Settlement Date:

JulyS,I')S6
May, 1993

Plaiutiff:

Victor Rosado

Defendants:
to

Lientenant Joseph Wood and Correction Officers Michael Crowley,
Waldron and John Docs (on March 23, 1993, court denied motion
amend complaint and add CO Richard Reynolds)

Dalnages:

514,500

Robert

A1torne~"s

Fees:

Clinton

$2,000

Chlim:

This case was filed following a mass demonstration in the north yard at Clinton. Plainti IT
claimed that when he was removed 11'om the yard (dragged) by CO's and beaten by three officers
with fists, sticks and their heavy shoes.
Inju rit,s:
Multiple inj uries, inel udi ng broken nose (cornminnted fracture of nasal bone)
leading to permanent disfigurement. Mulliple lacerations and contusions to f,lee and eye areas,
with extreme swelling and eccymosis. Contusions and ahrasions to legs.

Maves v. Ashline, 90-CV-275 (N.D.N.Y. 1993)

1S

Facility:

Franklin

Incidl~nt:

April 19, 1989

Seiilenwnt Date:

October 1993

Plaintiff:

Kevin Mayes

Defendants:

Sergeant Lawrence Asbline and Correction Officers David Smart, William
Durnin, Kenneth Schwenke and Jnstiee DeC\Jsse

Damages:

S14,OOO

AHorney's Fees:

S3,OOO

Claim:

PlaintifTelaimed that he was assaulted by four ofliecrs at Franklin !()lIowing a verbal
argumcnt with an officer. Following the assault, plaintiffallcged that an officer pushed his head
through a windo\v causing it to shatter.
Injnrics:

Plaintiff receivcd 34 stitches to his face. Plaintiff died of unrelated mcdic;l1
problems while litigation was proceeding and his mother settled the claims.

,Joshua v. Provost, 88-CY-345 (N.D.N.Y. 1991)
Incident:
Settleml'nl Daito:

January 20, 1988
March 1991

Plaintiff:

Franklin Josbua

Defendants:

Correction Officers Joseph Provost and Donald Uhler

Darnages:

$2,()OO

Facility:

Clinton

None
Claim:
Injuries:

Rodriguez v. Henderson, 87-CY-657 (N.D.N.Y. 1991) (McAvoy, .T.)
19

Ineirll'nt:
Trial Date:

March 7, 1987
August 13-16, 1991

Facility:

Auburn

Settlement Date:

August 1991 (lj)llowing a hung jury)

Plaintiff:

.Iuho Rodriquez (Iiledprose; Federal TAP Case)

Defendants:

Scrgeaut Charles Murphy, Coneclion Offlcers.l. Millen and .I.K. Trutschel
and Superintendent Robert .r. Henderson

l)alna~(~s:

S7J 00

Attorney's Fees:

$ IAOO

('Iaim:
Sergeant approached plaintirTin messhall aftcr plaintiff gave water to another inmate at
another table. PlaiulilTput finger in sergeant's face, scrgcaut slapped it, then plaiutiffhil
scrgeaut in the j~1Ce. Use of force fj>1lowed, cuffed and taken to SHU. On the way in elevalor,
sergeant told CO's to "fuck him up." Punched and slruck numerous times in head and body.
Injuries:

Several faeiallaccrations and abrasions to chest, shoulder and back. Also claimed
he was knocked unconscious during beating.

GaBhart v. Landrv, 88-CV-567 (N.D.N.Y. 1991)
Ineirlt'nt:
Settlt'ment Date:

June 4, 1987
September 1991

Facility:

Plaintiff:

Guy CJailhart

Defendants:

Correction Officer John Landry and Kevin Breen, Lorraine lVlaccy and
John Seiler of DOCS Labor Relations, There were ~l number ofmcdical
defendants (Kang Lee, Tilll Foley, Philip Erickson and Donald Sheridan,
but they were dropped during litigation).

Dalllages:

$ I0,000

Attorney's Fees:

$2,250

('Iaim:

20

Clinton

Plaintillwas in the North Yarcl when orclered to leave, lIe and the escort CO (Landry)
had "words.. " thell Landry punched him in the f~ICC, breaking his nose, Initially a elaim fl)r
deliberate indifference to serious medical needs, but the claim was dropped. L.ater, complaint
amended to add supervisory liability claim against DOCS Labor Relations IlJr past f~li1ure to
diseipliue L.andry,
lnjurics:

Fractured nasal bone and cartilage, scratches and massive swelling and
discoloration of nasal and eye areas,

Youug v. Napper, 86-CY-453 (N.D.N.Y.1990)
Facility:

Clinton

Incident:
Settlemcnt date:

July 8,1985
May 8, 1990

Plaintiff:

Cedric Young

Defendants:

Correction Officers Randall Napper, Beaman Labare, David Dresser,
Stephen Martin and Robert P, Sweeney, Sr.

Damages:

S 12,000
S2,250

Claim:
Plaintiflelail1led he was assaulted by several ofTiccrs in a hallway at ('linton, He also
alleged that he was thcu taken to the filcility hospital and beaten there again,
Injuries:

Supcrncial scratches and discoloration on right ann, ribs, chest and thigh nrcas.

Colon v. Kilkearv, 85-CY-978 (N.D.N.Y. 1988)
Incident:

April 5, 1985

Facility:

Clinton

Scttlemeut Date:

Two plaintifTs seLiled in 1987 and f'Hlr in June 1988

Plaintiff(s):

Michael Colon, Tracy Hickman, Leonard Hinton, Ismail Montes, Alan Gregg and
Gregory Williams

Defeudants:

Sergeant Joseph Kilkcary and Correction Officers Gary Barton, Gary Brushnefski,
21

Larry Cormier, William Currier, Sherwood Dubrey, Paul Gilmore, Wilbur
LaMountain, Aristidcs Maldonado, Scott Rabideau and Larry T. Velie
Damages:

Colon $10,000; Hickman SIO,OOO; Hinton $9,000; Montes S2,500; Gregg S5,OOO
Williams SIO,OOO

'\llorney's Fees:

:\onc

The six prisoncr plaintiffs claimed they were assaulted by of11cers at Clinton on April 5,
1985. They alleged that nine officers, under the supervision of a sergeant, clubbed, puncbed, and
kicked them as they lay on beds and the floor oftheir dormitory rooms in the nlcility hospital
area. They were being temporarily housed there due to lack of spaee in the general prison
population.
Iuj u ries:

Injuries were a1Jeged to include two inmates knocked unconscious, onc brokcn
shoulder, and many Inmps, bruises, cuts and abrasions.

McKcnzic v. Pccore, (N.D.N.Y. 1988)
Incident:
Settlcmcnt Date:

January 16, 1986
April 15, 1(88)

Plaintiff:

Michael McKenzie

Defendants:

Correction Officers Joseph Pecore and Rick Covey

Damages:

S500

Attorney's Fees:

"onc

Claim:

Facility:

Clinton

Plaintiff claimed tllat he was beaten by CO's, 1()l1owing an argurnent over his no!
receiving certain! food items.

Inj u ries:

Contusions and abrasions on the

t~\Cc

and body

Dare v. Ball, 85-CV-134 (N.D.N.Y. 1987)
Incident:

Angust 29, 1984

Facility:

22

Clinton

Settlement Date:

August 14, 1987

Plaintiff:

Leonard Dare

Defcndants:

Sergeants Robert Ball and Joseph Kilkeary, Correction OClicers Mark Drown,
Randy Vann, Howard Pickman and David Shambo, LientcnantStcphcn Drown,
Snpcrintendent Engene LeFevre and Depnty Superintendent John Cunan

Danlages:

S] 2,500

Att()rne~"s Fees:

"onc

Claim:

Plaintiff alleged that he was assaulted by four offiecrs and two sergeants. He claimed that
he was first beaten in a housing unit, which beating consisted of being punched in the Cree and
repeatedly punched and kicked in the head, chest, ribs, back, stomach, kidney, legs and other
parts of his body. He c1:rimed that he was then handcufTcd and taken to an isolated room in the
facility hospital where he was further clubbed, kicked and beaten. He alleged that this second
beating included twice having a baton rammed into his buttocks uear his rectal area, with
statemcnts by tbe ofIicers inferring they were going to penetrate him. He also alleged that
officers tig,htly wrapped a piece of cloth around his neck, causing him to pass out.
Injuries:

II I.

!\s a result of all this, plaintiff alleged he suffered at least four brokeu ribs, aloug
with numerous cuts, bruises and eOlltusions, and bloody urine. [llaintifT spellt 13
days ill the tilcility hospital.

UnSllccessflll Bench Trials

Rodril.:uez v. Wallace, 94-CY-528 (N.D.N.Y. 1996) (Scullin, .J.)
Incident:
Trial Date:
Decision:

January 4, 1993
February 5, 1996
['ebruary 5, 19'J6

Plaintiff:

Francisco Rodriguez

Defendants:

Correction Orficer Robert Wallace

Facility:

Claim:

23

Clinton

Plainti IT and Wallace got in an argucmcnt over his clothing at dinner. PlaintifT
claimed Wallace came to his cell later, cut down extra clothes he had in his cell and punched
plainti ff in the eye.
Injuries:

A black eye.

Addison v. State of New York, (Court of Claims, 1993) (Bell, OJ.)
Incident:
Trial Date:
Decisiou:

March 6, 1990
September 7, 1993
October 12, 19'J3

Plaintiff:

Charles Addison

Defendaut:

State of New York

Facility:

Bare Hill

Claim:
Claimant said he was escorted to f~lcility hospital scnnc time after he helped break~up a
fight among othcr inmates. He claimed that while cuffed and facing wal] in infirmary, either
Correction Officer Robert Pellerin or Timothy Mar]ow s]ammed his head/f~rce into the wall
several times.
Injuries:

Swollen and cnt lip and a broken bridge plate.

Barnes v.•Johnson, 85-CV-1178 (N.D.N.Y. 1990) (DiBianco, M..!.)
Incident:
Trial Date:
Dccision:

August 31, 1984
October 2~5, 198')
:vI arch 30, 1990

Plaintiff:

Larry Barnes

Ikfendauts:

Correction Officers Lyndon Johnson, John P. Kelley, Allen Fessette alld
Peter Hartmann

Facility:

Clinton

Claim:
Plainti ff claimed he was punched, kicked and beat by officers on way to disciplinmy
hc,rriug. Onicers claimed he struck officer and reasonable force used to subdue him.

24

Inmates of Unit 14 v. LeFevre, 77-CV-147 (N.D.N.Y. 1988) (Foley, ,I.)
Incidcnt:
Clinton

Various. betwceu Oetober I (J7() and March 1977

Trial Date:

April 1988

Derision:

Apri I 12.. 1988. .i llry verdict dismissing clai ms against defendants Rebidcall.
Conley. Conn ley. Huckeba, Kleinsclunidt, Zelinski, and Dobbs. Stipulations of'
dismissal against defendants Fuller, Ryan and LeFevre in February 1988. Plaintiff
I\1oore's and Smitb's claims dismissed by stipulation in April I (i87, and Bayron's
claims dismissed by stipulation in March 1988.

Plaintiffs:

Victor Bayron, Ceorge Cardwell, Gregorio Cruz, Fred Curl and Martin Lacher

Defendants:

[From 1st Amended Complaint] Correction OUicers Sherman Rcbideau, Douald
FLlrber, Patrick Conley, Gregory Conn ley, Brian Huckeba. Ludwig Kleinsclunidl.
.Iamcs O'Brian, Wayne Wilkins and Robert Zclinsksy, Sergeants Sherry Dobbs
Charles Ryan, Lieutenant Ronald Foster, .Ir.. and Superintcndent Eugenc LcFevre.

and

Facility:

Claim:

/\lIcgations ofa pcrvasive pattern and practice ofdefcndants' assaulting plaintiff's in Unit
14, the Speci,d Housing Unit at Clinton. General allegations included slamming inmates' heads
into metal walls in the Unit elevator and beating them repeatedly, smashing their faces into the
table in the Unit ii"isk area, kicking and choking inmates, inllieting beatings with botons. the usc
of threats and obsccnc and abusive racial and rehgious epithets, the filing or raise misbehavior
reports, and the destruction orpersonal property. Complaint also amended alleging inadequacies
with the eamcra surveillance system which was installed in the Unit in 1978.
Injuries:

IV.

Numerous lacerations, contusions, and abrasions about their bodies. Also the
intentional infliction or anxiety, hllmiation and mcntal and emotional harm.

Unsllceessful .Jury Trials

Mendez v. Libertv, 88-CY-I029 (N.D.N.Y. 19(0) (Smith, iVL.J.)
lncidcut:
Trial Date:

.Iuly24,1')88
June 25·2(" 1990

Facility:

25

Clinton

Plaintiff:

David Mendez

Defendants:

Sergeants Steven Liberty and Richard Sheasby and Correction Officers Michelle
Cascrto, Nonnan Collins, John Helmer, Edwin Hewitt, Orris Mayo, Leo Miller
Michael Venne.

and
Claim:

Plaintill elairned he was slapped, punched and kicked by Liberty, Collins, Millcr and
Venne in Clinton's APPU. After treatment at the facility hospital, he claimed Mayo, Helmer,
licwl1t, Shcasby and Caserto beat him a second lime.
Injnries:

After first incident, plainliJI alleged skin injuries and general soreness abont hiS
body, inclnding arms, shoulders, ribs and head. As a result of the second incident,
he claimed additional aches, pains and a burning sensation over his body.

26