Claimant seeks damages for injuries he allegedly sustained during his
incarceration at Sing Sing Correctional Facility, when he was allegedly attacked
by four corrections officers.
On September 1, 1999,
claimant testified at a disciplinary hearing and was then escorted to the
Special Housing Unit ("SHU"). Claimant testified that, before entering the unit
he was frisked and that, during the frisk, he was grabbed by Corrections
Officers White, Carbello, Doe and Singleton and was kicked in the penis for 15
minutes. Claimant was bleeding from his penis and was treated at St. Agnes
Hospital (Exs. 1-4).
Claimant contends that the attack was in retaliation for his behavior at the
disciplinary hearing. On cross-examination, claimant conceded that he was
yelling even before the Corrections Officers came to escort him to
Corrections Officer Jeremy White, the exercise officer in SHU since 1999,
testified that on September 1, 1999, before
claimant entered the unit, his handcuffs were removed and he was directed to
place both hands on the wall. White observed claimant move his right elbow in a
threatening manner toward Corrections Officer Singleton. White reacted, but
lost his balance and fell on top of claimant and Singleton fell on top of them.
In the fall, Singleton inadvertently leaned into claimant's
Claimant resisted restraint and was fighting and kicking. C
laimant was finally restrained and placed in leg irons. White never observed
Singleton beat claimant. White explained that it was normal procedure to search
an inmate before returning him to SHU.
Upon consideration of all the evidence, including listening to the witnesses
testify and observing their demeanor as they did so,
the Court finds that claimant failed to establish by a preponderance of the
credible evidence that he was assaulted. Rather, the Court credits the
testimony of Corrections Officer White and finds that the force used to restrain
claimant, who was kicking and fighting, was not excessive (see
Passino v State of New York
, 260 AD2d 915).
LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 102304.