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Articles Posted in Prisoner Abuse

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Court granted partial summary judgment; failure to intervene in prison assault case remains.. Sabuncu v. State, # 2016-041-037 (N.Y. Ct. Cl. Jun. 21, 2016)

While it stands to reason that if a corrections officer uses excessive force against a prisoner, that officer and the faclity would be liable for serious injuries suffered by the prisoner. However, it is also the case that under certain circumstances, the facility may be liable where one prisoner assaults…

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Flynn v. City of New York, 94 A.D.3d 537 (N.Y. App. Div. 2012)

In New York, corrections officers have a duty to ensure the safety and well-being of inmates while they are in custody. Under the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment, officers must avoid inflicting unnecessary and excessive harm on inmates. They are required to act…

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Supreme Court Determined that serious injury is not necessary for prison abuse claim. Hudson v. McMillian, 503 U.S. 1 (1992)

The case of Hudson v. McMillian addresses the boundaries of what constitutes cruel and unusual punishment in the context of excessive force by prison officials. This landmark decision by the Supreme Court clarified whether significant injury is required to establish a violation of the Eighth Amendment when a prisoner alleges…

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Tacheau v. Mastrantonio, 2012 N.Y. Slip Op. 22391 (N.Y. Sup. Ct. 2012)

In the context of prisoner abuse, a violation of the Eighth Amendment occurs when an inmate endures cruel and unusual punishment, such as physical abuse by correctional officers. This includes any excessive force or harsh conditions that are deemed unconstitutional. The Fourteenth Amendment violation involves the denial of due process,…

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