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 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.

Background Facts
On December 27, 2012, the plaintiff, an inmate at Mid-State Correctional Facility, was attacked by another inmate, Nelson, in the housing area of the prison. The attack occurred while the assigned corrections officer was allegedly asleep and not supervising the area. The plaintiff claimed that during the assault, which lasted approximately 10-15 minutes, at least one corrections officer witnessed the incident but failed to intervene. The assault only ended when another prisoner intervened and stopped the attacker. The plaintiff suffered significant injuries, including a blowout fracture of the right eye, resulting in vision loss and psychological trauma. He alleged that the defendant, the State of New York, was negligent in failing to protect him from a known gang member with a violent history, failing to properly train and supervise correction officers, and not providing timely medical care.

Issue
The key legal issue in this case was whether the State of New York, through its correction officers, failed to exercise reasonable care in protecting the plaintiff from foreseeable harm, and whether the failure to intervene in the attack constituted negligence.

Holding
The court granted the defendant’s motion for summary judgment in part, dismissing claims except those related to the specific allegation that the corrections officer failed to intervene timely. The court found that there were triable issues of fact concerning whether the defendant’s actions or inactions during the assault contributed to the plaintiff’s injuries.

Rationale
The court’s decision was based on the established legal duty of the state to protect inmates from foreseeable harm, including attacks by fellow inmates. The court emphasized that while the state is not an insurer of inmate safety, it has a duty to exercise reasonable care. The plaintiff’s testimony and the evidence presented suggested that the corrections officer failed to intervene for several minutes while the plaintiff was being attacked. This inaction could be construed as a failure to exercise reasonable care. The court noted that summary judgment is a drastic remedy and should only be granted when there are no triable issues of material fact. In this case, the court found that there was a factual dispute over whether the corrections officer’s failure to act contributed to the plaintiff’s injuries, thus warranting a trial.

Conclusion
The case highlights the importance of the state’s duty to protect inmates and the potential liability when this duty is breached. The court’s decision to deny summary judgment on the failure to intervene claim allows the matter to proceed to trial, where the facts can be fully examined. If you or a loved one has suffered serious injuries while incarcerated in a New York prison, seek experienced legal help. Contact an experienced New York prisoner abuse lawyer at Stephen Bilkis & Associates to discuss your rights and potential claims, and to ensure you receive the justice and compensation you deserve.