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

Prepared and compiled by Michael Cassidy, Managing Attorney for Litigation, Prisoners’
Legal Services of New York, 22 Broad Street, Plattsburgh, New York 12901
Revised, October 1997

1

I.

Successful Bench Trials

Boston v. Brown, 88-CV-1170 (N.D.N.Y. 1995) (McCurn, J.)
Incident:
Trial Date:
Decision:

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

Plaintiff(s):

Terrence Boston

Facility:

Clinton

Defendants: Sergeant Stephen Brown and Correction Officers John Gillen, Raney Rock
and Robert Ayotte.
Defendants Liable: All four defendants
Damages:

$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:
Plaintiff was in a fight with another inmate over the inmate having given him dirty sheets
from the laundry. The fight only involved pushing and grabbing but no punching. While being
restrained, he bit CO Rock. During escort to facility hospital, Sgt. 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, while the sergeant watched. CO Rock then arrived, saying “that fucking nigger bit
me.” Rock then punched and kicked him, and chopped him in the neck.
Injuries:
Boston suffered multiple contusions, abrasions, lacerations and scratches to his
head, ears and face areas. He also had a small scratch/abrasion to one hand.
Photographs taken by the facility showed bumps and blood on his forehead and
mouth areas, as well as blood on both ears.
Court’s Findings:
In ruling from the bench, the court stated that under the circumstances “the Court was
led to the inescapable conclusion that defendants gratuitously beat plaintiff not in a good faith
effort to maintain or restore discipline but rather maliciously and sadistically to cause hm
harm.” The court also stated that “[t]he wholly gratuitous nature of the beating inflicted upon
2

plaintiff by defendants at a time when he was handcuffed, and therefore, helpless to defend
himself supports a finding that the imposition of punitive damages against defendants is required
in order to punish them for their willful and malicious conduct and to deter others in their
positions from similar behavior.” Finally, the court stressed that it understands the difficult job
of prison officials and that as a general matter it “allows a great deal of deference to the behavior
of correction officers.” “However,” the court stated, after listening to the testimony of plaintiff
and defendants and in reviewing
the exhibits presented at trial, the Court was convinced that
the credibility battle was not a close one. Although plaintiff’s testimony was consistent with the
documentary evidence of his injuries defendants’ testimony was wholly unsupported by the
same.”

Otero v. Babbie, 92-CV-1064 (N.D.N.Y. 1994). (Smith, M.J.)
Incident:
Trial Date:
Decision:

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

Clinton

Plaintiff(s):

Miguel Otero, Julio Villanueva and Renaldo Graham

Defendants: Correction Officers Leigh Martin, Kris Bruno, Kenneth Waldron, Todd
Parrotte, Jay Devan, Sherman Dubrey, Daniel Caron, John Metcalfe,
William Reif, Gary LaRoque and Theodore Rascoe, Sergeants Harold
Boyle, Anthony Pavone and Philip Patnode, Deputy Superintendents
Thomas Ricks and Wendall Babbie.
Defendants Liable: All, except Metcalfe, Reif, LaRoque, Rascoe, Ricks and Babbie.
Damages:

$18,000 compensatory (Otero $9,000; Villanueva $6,000; Graham $3,000)

$13,000 punitives ($2,500 against Caron; $2,000 against Boyle and Pavone;
$1,500 against Parrotte; and $1,000 each against Martin, Bruno, Waldron,
Devan and Dubrey. No punitive damages assessed against Patnode).
Attorneys Fees:

$68,000 settlement

Claim:
Thirty-five prisoners were lined-up in corridor for KL rec. A few at the end of the line,
including Otero and Villanueva, were fooling over a piece of candy. CO’s thought it was a fight
and overreacted. Villanueva was taken back into block and assaulted, resulting in a major
confrontation between inmates and staff in the corridor. 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.
Injuries:
Plaintiff Otero spent 10 weeks in the facility infirmary recovering from massive head and
leg trauma, including a broken foot. Plaintiff Villanueva suffered multiple bruises, swelling and
abrasions over his head and body, including a perforated eardrum. Plaintiff Graham received
multiple body and head contusions and abrasions, and a deep laceration over his left eye from a
baton strike. Good photographs of the injuries, 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 for
the defendant officers’ and sergeants’ “unauthorized, improper and unreasonable” use of force.
The Court held that to subject plaintiff’s to this type of treatment, “particularly when in
restraints, was not only excessive but cowardly (particularly the assault on Graham by [Officer]
Caron).” The Court further noted that “[d]efendants’ argument that it was ‘objectively
reasonable’ for them to act as they did was totally without support. No trained, or even civilized,
correction officer could believe that such conduct does not violate clearly established statutory
and constitutional rights of 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 "kicked, punched, and spit on [Mr. Villanueva] while using racial epithets."
Likewise, the court found that Officers Devan and Dubrey were "yelling racial epithets" at Mr.
Otero as they were "kicking, stomping and striking him with batons." Finally, Mr. Graham was
also "showered with racial epithets" along his escort from the incident to the prison hospital.
On April 19, 1995, the court ordered nine of the ten defendants who were found liable in
October (7 officers and 2 sergeants) to pay a total of $13,000 in punitive damages. As Judge
Smith noted in his decision, while “the duties of a corrections officer are difficult and not always
pleasant . . . excessive force is inappropriate and can and will not be tolerated by society or the
courts.” With respect to the assault upon Mr. Graham, the court noted that Officer Caron’s
“totally unprovoked attack on plaintiff Graham, punching him in the back a number of times, in
the jaw at least twice and particularly by striking him near the eye with his baton causing a
serious injury while Graham was handcuffed behind his back was inexcusable.” Judge Smith
held that “as to the assault on plaintiff Otero, I find that defendants Jay Devan and Sherman
Dubrey were equally culpable in that after punching Otero as he lay on the floor, they continued
this assault, kicking, punching, striking with batons, all the while shouting racial slurs while
Otero was handcuffed behind his back.” In the incident involving Mr. Villanueva, the court
4

ordered two sergeants (one of whom has been promoted to lieutenant since the incident) to pay
punitive damages for their failure not only “to ensure that excessive force is not used against
inmates,” 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 only did he kick
Villanueva while he was handcuffed but then continued somewhat later by removing his shoes
and striking him on the feet and legs while he was shackled.”
Interestingly, Judge Smith indicated in his April 19 decision that punitive damages were
being imposed “with the firm conviction gained from 13 years as a judicial officer handling
litigation involving prisoners’ claims of civil rights violations that the incidents occurred as
described by plaintiffs and that such violations of prisoners’ civil rights are not uncommon.”

Cay v. Burleigh, 89-CV-878 (N.D.N.Y. 1995) (Scanlon, M.J.)
Incident:
Trial Date:
Decision:

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

Plaintiff:

Nelson Cay

Clinton

Defendants: Correction Officers Sherman Dubrey and Michael Burleigh
Defendants Liable: Both defendants.
Damages:

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

Attorneys Fees:

$

(to be litigated or settled, 10/97)

Claim:
Plaintiff was on a work crew mowing lawn in the facility church area. When plaintiff
finished, Burleigh asked him to help another inmate finish and plaintiff refused. Burleigh
ordered him keeplocked and proceeded to escort him back to his housing area. On the way, he
and Dubrey took plaintiff into 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
multiple bruises and contusions to his back, chest, right and left flanks, left foot and calf, right
5

thigh, left 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 result of Mr. Cay’s apparent refusal to assist another inmate
mowing grass, “defendant Burleigh and defendant Dubrey abrogated to themselves the role of
adjudicators of the charges against plaintiff. They found him guilty. As punishment for
plaintiff’s defiance and flippant attitude they decided on summary corporal punishment.” The
court described such punishment as “a quick, efficient and savage beating” and that
“[d]efendants’ lawless behavior which inflicted wanton injury [upon Mr. Cay] cannot be
condoned.”
The court also flatly rejected defendants’ denial that they uttered racial epithets at Mr.
Cay while beating him, and that they had never heard any staff at Clinton call any inmate
“nigger” or “spic.” The court further noted, “[d]efendants’ demeanor while testifying was in
turn supercilious, condescending and evasive.” Moreover, and contrary to their testimony under
oath, the court found that “defendants ignored the usual procedures designed to prevent
escalation of officer/prisoner disputes in order to isolate Cay, to punish Cay and to cover up
their acts.”
The Court also stated in its punitive damages decision as follows: “It has been the
experience of the Court that the majority of correctional personnel acquit themselves dutifully in
a profession often attendant with stressful and trying circumstances, but defendants’ sadistic and
deliberate actions clearly went beyond the pale of acceptable behavior. Officers Burleigh and
Dubrey ambushed plaintiff. As they administered a savage beating upon him, they called him
“Puerto Rican spic” and one threatened to kill him. That plaintiff was an inmate presents no
excuse for their actions. Society expects more from individuals placed in positions of authority,
and a token punitive damages award would be inappropriate in this instance.”

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

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

Plaintiff(s):

Richard Crespo

Facility:

Clinton

Defendants: Sergeant Thomas Roberts and Correction Officers Stephen Brown, Daniel
Canning, Geary LaRoque, Superintendent Eugene LeFevre, Commissioner
Thomas A. Coughlin, III, Acting Deputy Superintendent of Security John
Curran and Deputy Superintendent of Security James Sullivan
6

Defendants Liable: Roberts, Brown and Canning
Damages:

$30,000 Compensatory (no punitives awarded)

Attorneys Fees:

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

Claim:
There was a large demonstration/takeover in the prison yard in response to officers’
assault of an inmate named Raphael Quiles. Plaintiff was in the yard at the time of the takeover,
but 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 facility. Plaintiff
testified that the sergeant told the officers to beat him, stating “party on that.”
Injuries:
Plaintiff suffered serious wounds to his head and legs which required stitches, as
well as bruises and abrasions to his head and body. Plaintiff testified to continuing
emotional injury, sleeplessness, nightmares and migraine headaches, but the court
did not find such claims substantiated.
Court’s Findings:
The court found that plaintiff had been viciously assaulted by a sergeant and two
correction officers. (Officer 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,
“plaintiff suffered serious wounds to his head and legs which required stitches as well as bruises
and abrasions to his head and body.” The court further noted that “plaintiff did nothing to justify
the use of any force, much less the amount of force which I find was used by defendants Roberts,
Brown and Canning...There was simply no need for the application of any force and it cannot be
seriously argued that force was applied in a good faith effort to maintain or restore discipline.
Indeed, it is clear that it was applied maliciously for the sole purpose of causing harm.”
Plaintiff had claimed that CO LaRoque threatened him the day after the incident should
he speak with the Inspector General investigators. The court “accepted as true” such claims,
finding LaRoque’s testimony “unworthy of belief.” However, the court held that this did not rise
to the level of an 8th Amendment claim, stating “[s]uch conduct by LaRoque is reprehensible but
not, in these circumstances, actionable.”

Scott v. Dubray, 87-CV-1340 (N.D.N.Y. 1992) (Hurd, M.J.)
Incident:
Trial Date:

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

Facility:

7

Clinton

Decision:

April 22, 1992

Plaintiff(s):

Kenneth Scott

Defendants: Captain Roger Dubray, Lieutenant Samuel Tedford, Sergeants Robert
Sweeney and Darwin LaClair, and Correction Officers Mark Liberty, Pat
Conley and Steven Parker.
Defendants Liable: Tedford, Sweeney and Liberty (action against LaClair was dropped).
Damages:

$1,250 Compensatory damages
$500 Punitive damages ($100 against Tedford and $200 each against Liberty
and Sweeney)

Attorney’s Fees:

Settled for $15,000.

Claim:
There was a disturbance in the SHU which involved throwing food, feces, etc. onto the
gallery. As CO’s Conley and Liberty were putting a cell shield on plaintiff’s cell, he squirted
them with urine. As a result, and with the assistance and planning of a lieutenant and sergeant,
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 found Sweeney and Tedford set up plaintiff to have urine thrown on him by CO.
Liberty who also punched plaintiff in the head. Injuries were a ½ inch laceration to upper left
eyelid, contusion to left eye, and swelling to lower eyelid. The court found “this was not a
spontaneous attack [but] a planned retaliation, and whn it went too far, there was a concerted
effort to cover it up.” The court also stated, “the officers got right down and dirty with the
plaintiff. ‘If you squirt us with urine, we are going to throw cups of urine on you and add a
couple of punches.’ Such an attitude, while understandable and perhaps expected on a
children’s playground, cannot be tolerated within a prison system by a civilized society.”

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

June 28, 1989

Facility:

8

Clinton

Trial Date:
Decision:

February 25-26, 1992
October 5, 1996 Compensatory Damages
November 13, 1992 Punitive Damages

Plaintiff(s):

Eligio Diaz

Defendants: Sergeant Earl Parks and Correction Officers Roderick Richardson, Stephen
Martin and Randy Vann
Defendants Liable: All defendants.
Damages:
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
each against Martin and Vann).
[Defendants appealed the punitive damages award, which led to a settlement
of $21,500 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 him his personal property. Richardson ordered
him to return to his cell, plaintiff refused and demanded to speak with a sergeant. Richardson
then assaulted plaintiff, pushing, punching and kicking him. Plaintiff got up and tried to get
away, running to some of the upper galleries. Defendants took chase, caught him and viciously
beat him.
Injuries:
Plaintiff suffered a fracture of the right zygomatic bone, fracture of the
right maxillary bone, and lacerations, 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 officer Richardson initiated the incident by pushing Mr. Diaz “very
hard with both hands” and “then proceeded to strike and kick [him] while he was on the floor.”
Officers Martin and Vann then arrived and “proceeded to administer a further beating.” The
court thus stated that it could “only conclude that the defendants Richardson, Vann, and Martin
used unnecessary and wanton infliction of force upon the plaintiff in violation of his
constitutional rights...[and that] Parks failed to intervene, and thus condoned the use of physical
force....” The court went on to state that “[i]n fact, [Parks] did more than just fail to intervene,
he entered into a conspiracy by delaying a call for help until sufficient time elapsed to enable
9

defendants, particularly Richardson, to administer their vengeful beating on the upper floors of
Upper F Block.” The court also “totally rejected” the defendants’ version of what happened,
having claimed plaintiff’s injuries resulted from a fall against a feed-up cart. On November 13,
1992, the court went on to award $14,000 in punitive damages against the defendants to punish
them for their “vicious beating” of Mr. Diaz. Again, however, defendants appealed the punitive
award which led to the above-mentioned settlement.

Hayden v. Maldonado, 82-CV-1166 (N.D.N.Y. 1989) (Munson, J.)
Incident:
Trial Date:
Decision:

May 22, 1981
August 11-14, 1986
May 24, 1989

Plaintiff(s):

John Hayden

Facility:

Clinton

Defendants: Correction Officers Aristides Maldonado and Larry Brooks
Defendants Liable: Both defendants.
Damages:
$24,600 total ($12,300 compensatory decision by the court, then a settlement of
another $12,300 instead of court deciding punitives).
Attorney’s Fees:

Settled for $43,000

Claim:
Plaintiff asked Maldonaldo to allow a fellow inmate to attend the afternoon’s movie. He
rejected the requests and ordered plaintiff to lock in his cell, which he did. Plaintiff testified
shortly after his cell was cracked and told a sergeant wanted to speak with him. The two
defendants and a 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 from an epileptic seizure. The court also
noted that the reason plaintiff had not complained to certain prison personnel that he had been
beaten after the assault was fear of further harm. The court noted that “[t]he motive for not
10

telling these is individuals is that he feared further retribution....Consequently, he would be
reticent to tell any prison personnel that he was attacked, because workd might get back to the
original assailants.”
In its decision, the court expressed an intention to impose punitive damages against
defendants. However, the parties settled for an additional $12,300 prior to the hearing on
punitive damages.

Lane v. Ball, 86-CV-406 (N.D.N.Y. 1988) (Smith, M.J.)
Incident:
Trial Date:
Decision:

November 25, 1985
August 17-18, 1988
November 14, 1988

Plaintiff(s):

Darryl Lane

Facility:

Clinton

Defendants: Sergeant Robert Ball and Correction Officers Rick Covey, Edward
McGuire, Mark Reyell, Theodore Michael Rascoe, Robin Blaise and James
Dumont.
Defendants Liable: Only defendant Covey. (Prior to trial, parties stipulated to dismissal of
claims against Dumont and Ball)
Damages:

$14,000 (Court found liability; damages amount was settled)

Attorney’s Fees:

$11,000 settlement

Claim:
On the way to breakfast, plaintiff took a piece of cake from a tray with him. Covey
ordered him to return to his cell. Plaintiff’s request to speak with a sergeant was sharply denied,
and upon his joining the company, Covey struck him and with the help of other officers wrestled
him to the floor. After cuffed and subdued, Covey struck and kicked him with his booted foot.
After being stood up and placed on the wall, Covey continued to punch him several times in the
face, causing serious injuries
Injuries:

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

Court’s Findings:
The court ruled that CO Covey “used unreasonable, gratutious and excessive force
11

maliciously and sadistically for the purpose of causing harm.” The stated “[a]fter plaintiff was
on the floor and subdued, he was struck and kicked in the face and elsewhere by Covey’s booted
foot, causing plaintiff serious injuries including an injury to plaintiff’s left eye.” The court found
that “[p]laintiff was then brought to his feet and moved to a wall in handcuffs whereupon Covey
again punched plaintiff several times including blows to the left side of his face in the area of his
injured eye.” The court found the other officers used reasonable force in subduing plaintiff. The
court also found insufficient evidence to support the claim that the other officers did not avail
themselves of a realistic opportunity to intercede to protect plaintiff from injury.

II.

Successful Jury Trials

Johnson v. Pecore, 93-CV-472 (N.D.N.Y. 1995) (DiBianco, M.J.)
Incident:
Trial Date:
Decision:

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

Facility:

Clinton

Damages:

$37,500 total damages
Jury awarded $25,000 compensatory for beating and $3,000 for inadequate
medical care.
Parties settled for $9,500 in punitives.

Plaintiff(s):

Kenneth Johnson

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 for $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 after
he was taken to the facility hospital.
Injuries:
His injuries included a separated shoulder, bruised ribs and cuff marks. The case
included a claim for inadequate medical care, since the separated shoulder was not
discovered during his medical examination following the use of force incidents (it
12

was not discovered until the next day following a second examination).

Murray v. Cross, 93-CV-1007 (N.D.N.Y. 1995) (Smith, M.J.)
Incident:
Trial Date:
Decision:

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

Facility:

Clinton

Defendants: Sergeant David Armitage and Correction Officers Eugene Cross, Richard
Rendle, Lyndon Johnson and Kenneth Waldron.
Defendants Liable: Jury verdict found only defendant Johnson Liable. New trial granted as to
all defendants, then case settled.
Damages:

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

Attorneys Fees:

Settled for $4,000.

Claim:
Plaintiff alleged he was beaten in Clinton’s PC unit. He claimed he was punched in the
head and hit and kicked and struck 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 feet with his baton. He alleged the beating was in retaliation for a sexual relationship with a
nurse at Clinton.
Injuries:
Multiple contusions with abrasions, deep laceration on left forearm and hand,
linear bruises on back, abrasion left ankle and toe, with tenderness and weight
bearing pain. Moderately severe strain of left lower leg and foot, back strain in
thoraxic area. Contusions with abrasions to chest.

III. Settlements
Slater v. Menard, 95-CV-897 (N.D.N.Y. 1996)
Incident:
Settlement Date:

October 4, 1994
August 1997

Facility:

13

Clinton

Plaintiff:

Michael Slater

Defendants:

Correction Officers Darryl Menard and Aristides Maldonado

Damages:

$18,000

Attorney’s Fees:

$7,000

Claim:
Plaintiff claimed that he was assaulted by the two officers in the prison Industrial
Building. He claimed Officer Menard first assaulted him, then handcuffed him behind his back,
after which he was further assaulted by both officers. He claimed the assaults consisted of blows
about the head and body by Officer Menard with his fists and by Officer Maldonado with his
baton. He also claimed that the two officers filed false reports in order to cover up the alleged
beating, including false misbehavior reports which resulted in a lengthy period of solitary
confinement.
Injuries:

Multiple contusions, abrasions, and other injuries to his face, back, legs and
hands.

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

April 17, 1992
Facility:
September 27, 1996

Clinton

Plaintiff:

Luis Alamo

Defendants:

Correction Officers John Rushford, Howard Pickman, Bruce St. Pierre,
and Terry Brunet

Damages:

$23,000

Attorney’s Fees:

$16,000

Claim:
Plaintiff claimed that he was assaulted by the four officers following plaintiff’s fight with
another inmate in Lower F Block. Plaintiff alleged he was cuffed, taken to an isolated sergeant’s
office and brutally beaten. 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 choked him.
14

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

Allaway v. Martin, 93-CV-1263 (N.D.N.Y. 1996)
Incident:
Settlement Date:

December 3, 1990
April, 1996

Plaintiff:

Charles Allaway

Facility:

Clinton

Defendants:

Correction Officers Stephen Martin, Howard Pickman, Scott Darrah, Jay
Siskavich, Ronald Boyse, and Dale Dubrey, Sergeants Harold Boyle and
Timothy Murtha, and Lieutenant Bruce McCormick. On failure to
discipline supervisory liability grounds, Commissioner Thomas A.
Coughlin, III, Assistant Commissioner Kevin Breen, his Special Assistant
Thomas Testo, and Deputy Director Lorraine Macey.

Damages:

$40,000

Attorney’s Fees:

$20,000

Claim:
Plaintiff claimed he was assaulted by Boyse, Darrah and Siskavitch outside his cell. He
then claimed Martin and Pickman threw him down a flight of stairs on escort to hospital, and that
he was further beat in the hospital. The claim also alleged false reports to cover up the beating.
Supervisory liability claim against DOCS Labor Relations for repeated failure to discipline
Martin and Pickman and others for excessive force.
It’s notable that plaintiff had pled guilty to numerous criminal charges of assault in the
underlying incident.
Injuries:
Multiple contusions, abrasions and other injuries, including a 2½ inch deep
laceration to his head requiring stitching.

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

July 17, 1992
September 1995

Plaintiff:

Orlando Guadelupe

Facility:

15

Clinton

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

Damages:

$7,000

Attorney’s Fees:

$7,000

Claim:
Plaintiff claimed he was assaulted by officers while handcuffed on July 17, 1992.
Injuries:
his

Medical records indicated that he suffered multiple abrasions and lacerations to
face and mouth and upper body.

Ramirez v. Allen, 94-CV-590 (N.D.N.Y. 1995) (Smith, M.J.)
Incident:

July 17, 1992

Settlement Date:

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

Plaintiff:

Raphael Ramirez

Defendants:

Facility:

Clinton

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
[Final Stipulation dismissed from the case.]

Damages:

$4,500

Attorney’s Fees:

$5,500

Claim:
This is a companion case to Guadelupe. He claimed that he was taken out of his cell and
struck in the head by an officer, handcuffed and then further struck about the body as he was
taken to the facility hospital.
Injuries:
his

Medical records indicated that he suffered from contusions and abrasions about
head, neck, face, lip, right rib cage and right upper shoulder.

16

Blake v. Osborn, 94-CV-527 (N.D.N.Y. 1995)
Incident:

June 14, 1992

Facility:

Clinton

Settlement Date:

March 1995

Plaintiff:

Anthony Blake

Defendants:

Correction Officers Kevin Osborne, Michael Mussen, Christopher Otranto,
Jeff Baker, and Norm Gero and Sergeant Donald Yando

Damages:

$12,000

Attorney’s Fees:

$2,000

Claim:
Plaintiff alleged that he was assaulted by six officers. He claimed that one officer
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 face and body as he lay on the floor. He also
claimed that on the way to the facility hospital, he was forced to “kiss” each step on the stairs
leading to the hospital.
Injuries:

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

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

September 19, 1989
January 14, 1993

Plaintiff(s):

Michael Moon

Facility:

Defendants:

Clinton

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

Damages:

$12,000

17

Attorney’s Fees:

$5,000

Claim:
Plaintiff claimed he was assaulted by four officers in the presence of two sergeants who
failed to intervene. This incident occurred in the Mental Health Satellite Unit at Clinton. He
claimed he was punched, kicked, struck with batons and that Rascoe jumped on his back with his
boots while he was being held down on his bed. In X-ray room, technician heard CO’s wonder
how they could explain his injuries, one of them suggesting they say he fell off the table.
Injuries:
lacerations,
head

Plaintiff alleged and his medical records showed that he suffered facial
multiple bruises, swelling, ecchymosis to eyes and and other injuries to his
and body.

Rosado v. Crowley, 87-CV-791 (N.D.N.Y. 1993)
Incident:
Settlement Date:

July 8, 1986
May, 1993

Plaintiff:

Victor Rosado

Defendants:
Robert

Facility:

Clinton

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

Damages:

$14,500

Attorney’s Fees:

$2,000

Claim:
This case was filed following a mass demonstration in the north yard at Clinton. Plaintiff
claimed that when he was removed from the yard (dragged) by CO’s and beaten by three officers
with fists, sticks and their heavy shoes.
Injuries:
Multiple injuries, including broken nose (comminuted fracture of nasal bone)
leading to permanent disfigurement. Multiple lacerations and contusions to face and eye areas,
with extreme swelling and eccymosis. Contusions and abrasions to legs.

Mayes v. Ashline, 90-CV-275 (N.D.N.Y. 1993)
18

Incident:

April 19, 1989

Facility:

Franklin

Settlement Date:

October 1993

Plaintiff:

Kevin Mayes

Defendants:

Sergeant Lawrence Ashline and Correction Officers David Smart, William
Durnin, Kenneth Schwenke and Justice DeCosse

Damages:

$14,000

Attorney’s Fees:

$3,000

Claim:
Plaintiff claimed that he was assaulted by four officers at Franklin following a verbal
argument with an officer. Following the assault, plaintiff alleged that an officer pushed his head
through a window causing it to shatter.
Injuries:
Plaintiff received 34 stitches to his face. Plaintiff died of unrelated medical
problems while litigation was proceeding and his mother settled the claims.

Joshua v. Provost, 88-CV-345 (N.D.N.Y. 1991)
Incident:
Settlement Date:

January 20, 1988
March 1991

Facility:

Clinton

Plaintiff:

Franklin Joshua

Defendants:

Correction Officers Joseph Provost and Donald Uhler

Damages:

$2,000

Attorney’s Fees:

None

Claim:
Injuries:

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

Incident:
Trial Date:

March 7, 1987
August 13-16, 1991

Facility:

Auburn

Settlement Date:

August 1991 (following a hung jury)

Plaintiff:

Julio Rodriquez (filed pro se; Federal TAP Case)

Defendants:

Sergeant Charles Murphy, Correction Officers J. Millen and J.K. Trutschel
and Superintendent Robert J. Henderson

Damages:

$7,100

Attorney’s Fees:

$1,400

Claim:
Sergeant approached plaintiff in messhall after plaintiff gave water to another inmate at
another table. Plaintiff put finger in sergeant’s face, sergeant slapped it, then plaintiff hit
sergeant in the face. Use of force followed, cuffed and taken to SHU. On the way in elevator,
sergeant told CO’s to “fuck him up.” Punched and struck numerous times in head and body.
Injuries:

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

Gailhart v. Landry, 88-CV-567 (N.D.N.Y. 1991)
Incident:
Settlement Date:

June 4, 1987
September 1991

Plaintiff:

Guy Gailhart

Facility:

Defendants:

Clinton

Correction Officer John Landry and Kevin Breen, Lorraine Macey and
John Seiler of DOCS Labor Relations. There were a number of medical
defendants (Kang Lee, Tim Foley, Philip Erickson and Donald Sheridan,
but they were dropped during litigation).

Damages:

$10,000

Attorney’s Fees:

$2,250

Claim:

20

Plaintiff was in the North Yard when ordered to leave. He and the escort CO (Landry)
had “words,” then Landry punched him in the face, breaking his nose. Initially a claim for
deliberate indifference to serious medical needs, but the claim was dropped. Later, complaint
amended to add supervisory liability claim against DOCS Labor Relations for past failure to
discipline Landry.
Injuries:
Fractured nasal bone and cartilage, scratches and massive swelling and
discoloration of nasal and eye areas.

Young v. Napper, 86-CV-453 (N.D.N.Y. 1990)
Incident:
Settlement date:

July 8, 1985
May 8, 1990

Plaintiff:

Cedric Young

Defendants:

Facility:

Clinton

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

Damages:

$12,000

Attorney’s Fees:

$2,250

Claim:
Plaintiff claimed he was assaulted by several officers in a hallway at Clinton. He also
alleged that he was then taken to the facility hospital and beaten there again.
Injuries:

Superficial scratches and discoloration on right arm, ribs, chest and thigh areas.

Colon v. Kilkeary, 85-CV-978 (N.D.N.Y. 1988)
Incident:

April 5, 1985

Facility:

Clinton

Settlement Date:

Two plaintiffs settled in 1987 and four in June 1988

Plaintiff(s): Michael Colon, Tracy Hickman, Leonard Hinton, Ismail Montes, Alan Gregg and
Gregory Williams
Defendants: Sergeant Joseph Kilkeary and Correction Officers Gary Barton, Gary Brushnefski,
21

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

Colon $10,000; Hickman $10,000; Hinton $9,000; Montes $2,500; Gregg $5,000;
Williams $10,000

Attorney’s Fees:

None

Claim:
The six prisoner plaintiffs claimed they were assaulted by officers at Clinton on April 5,
1985. They alleged that nine officers, under the supervision of a sergeant, clubbed, punched, and
kicked them as they lay on beds and the floor of their dormitory rooms in the facility hospital
area. They were being temporarily housed there due to lack of space in the general prison
population.
Injuries:
Injuries were alleged to include two inmates knocked unconscious, one broken
shoulder, and many lumps, bruises, cuts and abrasions.

McKenzie v. Pecore, (N.D.N.Y. 1988)
Incident:
Settlement Date:

January 16, 1986
April 15, 1988)

Facility:

Clinton

Plaintiff:

Michael McKenzie

Defendants:

Correction Officers Joseph Pecore and Rick Covey

Damages:

$500

Attorney’s Fees:

None

Claim: Plaintiff claimed that he was beaten by CO’s, following an argument over his not
receiving certainl food items .
Injuries:

Contusions and abrasions on the face and body

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

August 29, 1984

Facility:

22

Clinton

Settlement Date:

August 14, 1987

Plaintiff:

Leonard Dare

Defendants: Sergeants Robert Ball and Joseph Kilkeary, Correction Officers Mark Drown,
Randy Vann, Howard Pickman and David Shambo, LieutenantStephen Drown,
Superintendent Eugene LeFevre and Deputy Superintendent John Curran
Damages:

$12,500

Attorney’s Fees:

None

Claim:
Plaintiff alleged that he was assaulted by four officers and two sergeants. He claimed that
he was first beaten in a housing unit, which beating consisted of being punched in the face and
repeatedly punched and kicked in the head, chest, ribs, back, stomach, kidney, legs and other
parts of his body. He claimed that he was then handcuffed 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 near his rectal area, with
statements by the officers inferring they were going to penetrate him. He also alleged that
officers tightly wrapped a piece of cloth around his neck, causing him to pass out.
Injuries:
As a result of all this, plaintiff alleged he suffered at least four broken ribs, along
with numerous cuts, bruises and contusions, and bloody urine. Plaintiff spent 13
days in the facility hospital.

III. Unsuccessful Bench Trials
Rodriguez v. Wallace, 94-CV-528 (N.D.N.Y. 1996) (Scullin, J.)
Incident:
Trial Date:
Decision:

January 4, 1993
February 5, 1996
February 5, 1996

Facility:

Plaintiff:

Francisco Rodriguez

Defendants:

Correction Officer Robert Wallace

Claim:
23

Clinton

Plaintiff and Wallace got in an arguement over his clothing at dinner. Plaintiff
claimed Wallace came to his cell later, cut down extra clothes he had in his cell and
punched plaintiff in the eye.
Injuries:

A black eye.

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

March 6, 1990
September 7, 1993
October 12, 1993

Plaintiff:

Charles Addison

Defendant:

State of New York

Facility:

Bare Hill

Claim:
Claimant said he was escorted to facility hospital some time after he helped break-up a
fight among other inmates. He claimed that while cuffed and facing wall in infirmary, either
Correction Officer Robert Pellerin or Timothy Marlow slammed his head/face into the wall
several times.
Injuries:

Swollen and cut lip and a broken bridge plate.

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

August 31, 1984
October 2-5, 1989
March 30, 1990

Plaintiff:

Larry Barnes

Defendants:

Facility:

Clinton

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

Claim:
Plaintiff claimed he was punched, kicked and beat by officers on way to disciplinary
hearing. Officers 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, J.)
Incident:
Various, between October 1976 and March 1977
Clinton
Trial Date:

Facility:

April 1988

Decision:
April 12, 1988, jury verdict dismissing claims against defendants Rebideau,
Conley, Connley, Huckeba, Kleinschmidt, Zelinski, and Dobbs. Stipulations of
dismissal against defendants Fuller, Ryan and LeFevre in February 1988. Plaintiff
Moore’s and Smith’s claims dismissed by stipulation in April 1987, and Bayron’s
claims dismissed by stipulation in March 1988.
Plaintiffs:

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

Defendants: [From 1st Amended Complaint] Correction Officers Sherman Rebideau, Donald
Barber, Patrick Conley, Gregory Connley, Brian Huckeba, Ludwig Kleinschmidt,
James O’Brian, Wayne Wilkins and Robert Zelinsksy, Sergeants Sherry Dobbs and
Charles Ryan, Lieutenant Ronald Foster, Jr., and Superintendent Eugene LeFevre.
Claim:
Allegations of a pervasive pattern and practice of defendants’ assaulting plaintiffs in Unit
14, the Special 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 frisk area, kicking and choking inmates, inflicting beatings with batons, the use
of threats and obscene and abusive racial and religious epithets, the filing of false misbehavior
reports, and the destruction of personal property. Complaint also amended alleging inadequacies
with the camera surveillance system which was installed in the Unit in 1978.
Injuries:
Numerous lacerations, contusions, and abrasions about their bodies. Also the
intentional infliction of anxiety, humiation and mental and emotional harm.

IV.

Unsuccessful Jury Trials

Mendez v. Liberty, 88-CV-1029 (N.D.N.Y. 1990) (Smith, M.J.)
Incident:
Trial Date:

July 24, 1988
June 25-26, 1990

Plaintiff:

David Mendez

Facility:

25

Clinton

Defendants: Sergeants Steven Liberty and Richard Sheasby and Correction Officers Michelle
Caserto, Norman Collins, John Helmer, Edwin Hewitt, Orris Mayo, Leo Miller and
Michael Venne.
Claim:
Plaintiff claimed he was slapped, punched and kicked by Liberty, Collins, Miller and
Venne in Clinton’s APPU. After treatment at the facility hospital, he claimed Mayo, Helmer,
Hewitt, Sheasby and Caserto beat him a second time.
Injuries:
After first incident, plaintiff alleged skin injuries and general soreness about his
body, including 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