$125,400 Settlement in Riker’s Island Guard Assault on Prisoner
$125,400 Settlement in Riker’s Island Guard Assault on Prisoner
A $125,400 settlement has been reached in a lawsuit arising from a guard at the Robert N. Davoren Center (RNDC) on Riker’s Island repeatedly slapping a prisoner on his head, rupturing his eardrum.
At the time of the beating on the morning of November 24, 2007, Edward Gotay was a post-trial, but not yet convicted, detainee at RNDC. He was in his housing area, believed to be Mod 3 Upper South, when accosted by guard Timothy Monroe.
Without making any aggressive gesture toward any guard or other person and without any justification or provocation, Monroe repeatedly slapped Gotay with an open palm and substantial force over Gotay’s ear, causing his eardrum to rupture and perforate.
The complaint, filed on Gotay’s behalf by Brooklyn attorney Brett H. Klein, alleged that sadistic and malicious act was committed with deliberate indifference to Gotay’s rights and his physical well-being. It also claimed the New York City Department of Corrections (NYDOC) was aware, through its own reports and by litigation, of “routine, dangerous, and unconstitutional use of excessive force by staff” in its facilities.
It also alleged there was a systematic failure to bring disciplinary charges against guards to promote institutional reform, punish staff that used excessive force, and discourage others from doing so. The widespread use of excessive force resulted in large amounts of reports of injuries, including numerous complaints of prisoners suffering perforated eardrums.
The three causes of action alleged excessive force and deprivation of rights by Monroe, supervisory liability of NYDOC officials, and municipal liability on the City. The settlement was reached on August 27, 2012. Under its terms, the City paid Gotay $125,000 and Monroe paid him $400. See: Gotay v. City of New York, USDC, S.D. New York, Case No. 10-CV-8868.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Gotay v. City of New York
| Year | 2012 |
|---|---|
| Cite | USDC, S.D. New York, Case No. 10-CV-8868 |
| Level | District Court |
| Conclusion | Settlement |
| Damages | 125,400.00 |