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New York: Prisoner Raped In County Jail Awarded $250,000

On September 24, 1997, a man who was raped while imprisoned in the Oneida
County (New York) Jail settled his lawsuit against the county and the Utica
City Police Department for $250,000.

Plaintiff, an 18-year-old male, was imprisoned in the Oneida County Jail on
a charge of second-degree murder regarding a child he was babysitting. He
was subsequently acquitted of the murder charge.

Plaintiff claimed that on July 21, 1991, he was sodomized by another
prisoner--who was known to have AIDS--while the other prisoners were
outside the jail. The rape occurred in the attacker's cell, which was
located on a psychiatric cellblock. The attacker was known to be mentally
ill. Plaintiff, who also alleged that his attacker had sodomized him once
before, claimed psychological injury and fear of contracting AIDS.
Plaintiff argued that records and discovery from jail officials showed that
(1) no guard was on duty in the cell block when the rape occurred, a
violation of jail policy, and (2) jail policy prohibited more than one
prisoner from being in a cell and required the cell doors to be locked at
all times.

The case settled for $250,000 prior to trial. Plaintiff was represented by
Benjamin Vinar of Garden City, New York. See: Horning v. County of Oneida,
Supreme Court, Oneida, Case No.92 00191; Horning v. Utica City Police
Department, Supreme Court, Oneida, Case No. 93-299.

Source: VerdictSearch New York Reporter

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Related legal case

Horning v. County of Oneida

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