Plaintiff William Perocier, Jr., a 31 year old tow truck driver, was sentenced to six months in jail in early 2001 for failure to pay child support. The sentence, imposed by Judge Fran Lubow, was to be served on intermittent weekends. After serving his first weekend, Perocier was released on March 29, 2001, with instructions to return every weekend until he completed his sentence.
In July 2001, Perocier obtained an order from Judge John Hunt specifying the sentence was to be served on alternate weekends. Perocier presented the notice to New York City Department of Correction supervisor Delma Colon, who deemed it a clerical error and ordered Perocier to continue reporting to the jail every weekend. Perocier completed his sentence on September 17, 2001, after serving 57 days.
Perocier sued the city, the DOC, and Colon contending that Colon's misinterpretation of his sentence resulted in an additional 28.5 days of imprisonment. Perocier further alleged the defendants were negligent for failing to verify the requirements of his sentence. He sought damages for past and future pain and suffering.
After deliberating 30 minutes, a jury found for Perocier. Before commencement of the damages trial, however, the parties agreed to settle for $75,000. Perocier was represented by attorney Kerry J. Katsorhis of the Flushing, New York, law firm Ginsberg & Katsorhis. See: Perocier v. City of New York, Queens Supreme Court, Case No. 16896/02.
Source: Verdict Search New York Reporter
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
Perocier v. City of New York
|Cite||Queens Supreme Court, Case No. 16896/02|
|Level||State Trial Court|