×
You have 2 more free articles available this month. Subscribe today.
$200,000 Awarded In New York Prisoner Assaulted By Guard Suit
In 2000 the New York, Court of Claims awarded $200,000 in damages to a
prisoner who was assaulted by a guard at the Gowanda Correctional Facility
in Buffalo. The prisoner, represented by his attorney, Douglas A. Durnin
filed suit in the Court of Claims which ruled in his favor on 6/9/00. On
7/9/95 the Guard named Wolf assaulted the claimant after a visit with his
fiancee at the prison. The guard grabbed the prisoner after the visit was
over, flipped him on his back and hit him repeatedly in the head and body
with the heels of his hands which caused serious injury requiring a
splenectomy for a ruptured spleen. The guard testified that the prisoner
initiated the altercation because he was angered that his visit with his
fiancee was cut short because of inappropriate conduct in the visiting room
and that he only hit the prisoner once and that the other injuries where a
result of the prisoner landing on a bench during the struggle. After
testimony from doctors, the claimant and defendant the court found the
claimants description of the incident was more credible and awarded him
$135,000 for past pain and suffering and $65,000 for future pain and
suffering. See: Cotrone v. State of New York, Claim No.94308, Court of
Claims, Buffalo.
prisoner who was assaulted by a guard at the Gowanda Correctional Facility
in Buffalo. The prisoner, represented by his attorney, Douglas A. Durnin
filed suit in the Court of Claims which ruled in his favor on 6/9/00. On
7/9/95 the Guard named Wolf assaulted the claimant after a visit with his
fiancee at the prison. The guard grabbed the prisoner after the visit was
over, flipped him on his back and hit him repeatedly in the head and body
with the heels of his hands which caused serious injury requiring a
splenectomy for a ruptured spleen. The guard testified that the prisoner
initiated the altercation because he was angered that his visit with his
fiancee was cut short because of inappropriate conduct in the visiting room
and that he only hit the prisoner once and that the other injuries where a
result of the prisoner landing on a bench during the struggle. After
testimony from doctors, the claimant and defendant the court found the
claimants description of the incident was more credible and awarded him
$135,000 for past pain and suffering and $65,000 for future pain and
suffering. See: Cotrone v. State of New York, Claim No.94308, Court of
Claims, Buffalo.
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
Cotrone v. State of New York
| Year | 2000 |
|---|---|
| Cite | Claim No. 94308, Court of Claims, Buffalo |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 200000 |
| Injunction Status | N/A |