Prisoner Abuse

Published on: October 30, 2024

Supreme Court affirmed the denial of summary judgment dismissal in a jail suicide case. Rappaport v. Corr. Med. Care, 159 N.Y.S.3d 205 (N.Y. App. Div. 2021)

by Stephen Bilkis

The case of Adam Rappaport highlights the legal responsibilities of law enforcement and medical providers in ensuring the safety of individuals in custody. Rappaport was found hanging in his cell, which led to a lawsuit against several parties, including Correctional Medical Care, Inc. (CMC) and the Town of Guilderland. The plaintiff, individually and as the administrator of Rappaport’s estate, brought forth claims of negligence, wrongful death, and violations of federal law.

Background Facts

Adam Rappaport had a history of heroin use and was in the process of withdrawing when he was arrested on October 15, 2014. The following day, he was transferred from the custody of the Town of Guilderland to Albany County for detention at the Albany County Correctional Facility (ACCF). Upon his transfer to ACCF, Rappaport underwent a screening process conducted by a nurse employed by Correctional Medical Care, Inc. (CMC). During this screening, the nurse noted Rappaport’s history of heroin abuse, anxiety, depression, and bipolar disorder. Rappaport reported that he had injected two bundles of heroin the day before his arrest and informed the nurse that he had never considered or attempted suicide. Despite his medical history and the fact that he was withdrawing from heroin, Rappaport was placed in the general population rather than being referred to the mental health unit.

Published on: October 28, 2024

Aughtry v. State, # 2019-029-033 (N.Y. Ct. Cl. May 22, 2019)

by Stephen Bilkis

It’s no secret that most prisons in New York are dangerous and there is violence, particularly in the maximum security correctional facilities such as Sing Sing. Prisoners attack each other, leaving serious injuries. While corrections officers are charged with ensuring the safety of inmates, the facility is not always liable when an inmate is seriously injured by another inmate. On the other hand, there are instances in which an the facility can be held liable and required to pay compensation to the injured inmate or their family.

In the case of Aughtry v. State, # 2019-029-033 (N.Y. Ct. Cl. May 22, 2019), the legal proceedings focused on the state’s failure to provide adequate security at Sing Sing Correctional Facility, which led to an inmate’s severe injuries.

Background Facts

Published on: September 11, 2024

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)

by Stephen Bilkis

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 and injures another inmate.

Failure to intervene refers to the omission by a person in a position of authority, such as a corrections officer, to take action to prevent harm when they have the opportunity and duty to do so. In the context of prison settings, it involves not stopping an assault or other harmful actions occurring between inmates. This failure can result in serious consequences for those harmed and may lead to legal liability for the responsible parties if it is determined that their inaction contributed to the injuries or harm suffered by the victim.

In Sabuncu v. State, # 2016-041-037 (N.Y. Ct. Cl. Jun. 21, 2016), the inmate plaintiff alleges that correction officers failed to intervene when he was being assaulted by another inmate. The plaintiff is seeking to hold the correctional facility liable and has demanded compensation.

Published on: July 31, 2024

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

by Stephen Bilkis

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 with a standard of care that a reasonable person in their position would consider appropriate. This means taking reasonable steps to prevent foreseeable harm, such as monitoring inmate interactions and intervening in conflicts. Additionally, corrections officers must ensure that inmates receive adequate medical and mental health care, providing timely medical attention and addressing any mental health needs. Failure to meet these obligations can lead to claims of negligence and constitutional violations. Proper supervision is also a crucial aspect of the duty of care; officers are responsible for maintaining a secure environment by preventing and addressing situations that could lead to harm. This includes intervening in conflicts and implementing preventive measures to protect inmates from potential violence by other inmates or self-harm.

In Flynn v. City of New York, 94 A.D.3d 537 (N.Y. App. Div. 2012), the plaintiffs question whether Corrections Officer Stephen Barr violated his duty of care and as a result, the inmate suffered a serious injury.

Background Facts

Published on: June 24, 2024

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

by Stephen Bilkis

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 excessive physical force.

42 U.S.C. § 1983 is a federal statute that provides a means for individuals to sue for civil rights violations. Enacted as part of the Civil Rights Act of 1871 it aims to provide a remedy against abuses by state officials. The statute allows any person within the United States to bring a lawsuit against any state or local official who, under the color of law, deprives them of rights, privileges, or immunities secured by the Constitution and federal laws.

Under § 1983, plaintiffs can seek both monetary damages and injunctive relief for violations of constitutional rights, such as the Eighth Amendment protection against cruel and unusual punishment. It is an important tool for holding public officials, including police officers, prison guards, and other government employees, accountable for misconduct and abuse of power.

Published on: May 15, 2024

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

by Stephen Bilkis

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, particularly when a prisoner is unfairly subjected to disciplinary actions or false accusations without proper procedures or hearings. Both amendments are designed to protect prisoners from inhumane treatment and ensure their rights are upheld within the correctional system.

A violation of the Eighth or Fourteenth Amendment that results in serious injury can serve as a basis for a lawsuit against the responsible parties. When inmates suffer significant harm due to cruel and unusual punishment or procedural injustices, they may seek redress through civil litigation. Such lawsuits can hold correctional officers, supervisors, or the institution accountable for failing to protect the inmate’s constitutional rights and for the resulting damages.

In Tacheau v. Mastrantonio, 2012 N.Y. Slip Op. 22391 (N.Y. Sup. Ct. 2012), a case involving allegations of prisoner abuse and wrongful death, the court addressed several claims under 42 U.S.C. § 1983, which allows individuals to sue for constitutional violations by state actors.