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New York Prisoner Assaulted By Guards Awarded $300
On December 31, 2003, a court of claims in Albany, New York, awarded $300
to a state prisoner who claimed his knee was injured when a guard at the
Franklin Correctional Center (FCC) assaulted him during a pat-search.
While imprisoned in the special housing unit at FCC on December 20, 2000,
prisoner Howard Walsh claimed he was assaulted by a guard. Walsh contended
that while he was standing with his face to the wall undergoing a
pat-search by two guards, he became engaged in a verbal confrontation with
them. One of the guards then kicked the back of his left foot, causing him
to stumble forward and hit his knee on the wall.
Walsh sued the State of New York, pro se, claiming the incident constituted
assault and that the knee injury caused him four months of pain and suffering.
Judge Judith Hard found the guards liable for their unjustified use of
force and awarded Walsh $300. Hard also noted that she found Walsh's
testimony more credible than the guards', who claimed they didn't remember
the incident. See: Walsh v. State of New York, Albany Court of Claims, Case
No. 103621.
to a state prisoner who claimed his knee was injured when a guard at the
Franklin Correctional Center (FCC) assaulted him during a pat-search.
While imprisoned in the special housing unit at FCC on December 20, 2000,
prisoner Howard Walsh claimed he was assaulted by a guard. Walsh contended
that while he was standing with his face to the wall undergoing a
pat-search by two guards, he became engaged in a verbal confrontation with
them. One of the guards then kicked the back of his left foot, causing him
to stumble forward and hit his knee on the wall.
Walsh sued the State of New York, pro se, claiming the incident constituted
assault and that the knee injury caused him four months of pain and suffering.
Judge Judith Hard found the guards liable for their unjustified use of
force and awarded Walsh $300. Hard also noted that she found Walsh's
testimony more credible than the guards', who claimed they didn't remember
the incident. See: Walsh v. State of New York, Albany Court of Claims, Case
No. 103621.
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Related legal case
Walsh v. State of New York
| Year | 2003 |
|---|---|
| Cite | Albany Court of Claims, Case No. 103621 |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 300 |
| Injunction Status | N/A |