Brutality Case Summaries for the Plattsburgh Office of Prisoner Legal Services of Ny 1997
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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