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New York City Settles Guards' Assault On Prisoner For $9,900
lawsuit that alleged guards at Bikers Island beat him and then wrote false
disciplinary reports against him.
On May 27, 2003, plaintiff Anthony Colon was in his cell in "3 South in
C.P.S.U." at Bikers Island--supposedly a secure area--when all of the cell
doors suddenly opened. Numerous fights immediately broke out, and guards
responded. Colon alleged that although he offered no resistance, guard
Forde and other unidentified guards handcuffed him and took him to an
intake area where they beat him and sprayed him with a chemical agent.
Colon suffered, among other things, a fractured right arm and multiple
contusions, abrasions, and lacerations.
Colon further claimed that guard Owens and Captain Boss failed to
intervene or stop the assaults. After the assault Owens and Boss wrote
bogus disciplinary cases against Colon to cover up the beating. The
charges were later dismissed at a disciplinary hearing.
On March 18, 2004, Colon sued the City of New York and various guards in
the U.S. District Court for the Southern District of New York under 42
U.S.C. § 1983. He claimed the excessive force and the guards' failure to
intervene violated his First, Fourth, Fifth, Eighth, and Fourteenth
Amendment rights. Colon also claimed the city was liable since the
defendants were acting under color of state law and because the jail's
customs and policies were the proximate cause of the constitutional
Colon had sought $5 million in compensatory damages and $5 million in
punitive damages. The case settled in 2004 for $9,900. Colon was
represented by Bose M. Weber of New York, New York. See: Colon v. City of
New York, USDC SD NY, Case No. 04 Civ. 2394.
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