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New York: State Liable In Prisoner Assault, Prisoner Awarded $250
On July 2, 2003, the Court of Claims, Rochester, held that the State of New
York was liable in a prisoner assault and awarded the prisoner $250.
Anatolis Fominas, a prisoner at the Wende Correctional Facility in Alden,
New York, alleged that on July 23, 1999, another prisoner tossed Kool Aid
into his cell, and that the following day, while in the waiting area of the
prison hospital, the same prisoner assaulted him. Fominas suffered a small
(two-inch by two-inch) contusion on the right side of his head, according
to the nurse who examined him after the attack. Fominas also complained of
minor pain in his right shoulder, neck, and lower back.
Fominas subsequently brought a pro se suit against the state. At trial
Fominas testified that he previously had problems with the other prisoner
and that he had requested that they be separated. A guard testified that
the Kool Aid incident was initiated by Fominas, but that he didn't recall
Fominas asking to be separated. A nurse testified that Fominas's lower back
pain may have been due, in part, to his weight.
The court reasoned that the state could be held liable if it was aware of
risk or harm to Fominas but took no action to prevent it. Although the
court determined that Fominas had instigated the Kool Aid incident and that
he did not show he was entitled to damages or that the state was negligent,
the court held that the state was aware of the ill will between Fominas and
the other prisoner. Furthermore, the state was not absolved of its duty to
protect Fominas merely because he was in "keeplock" status.
The court ultimately determined that the assault on Fominas was foreseeable
and that the state could have easily prevented it by separating the
prisoners. In light of his minor injuries, the court awarded Fominas $250.
See: Anatolis Fominas v. State of New York, Court of Claims, Rochester
(Case No. 101218, 7/2/03).
Source: www.VERDICTSEARCH.com
York was liable in a prisoner assault and awarded the prisoner $250.
Anatolis Fominas, a prisoner at the Wende Correctional Facility in Alden,
New York, alleged that on July 23, 1999, another prisoner tossed Kool Aid
into his cell, and that the following day, while in the waiting area of the
prison hospital, the same prisoner assaulted him. Fominas suffered a small
(two-inch by two-inch) contusion on the right side of his head, according
to the nurse who examined him after the attack. Fominas also complained of
minor pain in his right shoulder, neck, and lower back.
Fominas subsequently brought a pro se suit against the state. At trial
Fominas testified that he previously had problems with the other prisoner
and that he had requested that they be separated. A guard testified that
the Kool Aid incident was initiated by Fominas, but that he didn't recall
Fominas asking to be separated. A nurse testified that Fominas's lower back
pain may have been due, in part, to his weight.
The court reasoned that the state could be held liable if it was aware of
risk or harm to Fominas but took no action to prevent it. Although the
court determined that Fominas had instigated the Kool Aid incident and that
he did not show he was entitled to damages or that the state was negligent,
the court held that the state was aware of the ill will between Fominas and
the other prisoner. Furthermore, the state was not absolved of its duty to
protect Fominas merely because he was in "keeplock" status.
The court ultimately determined that the assault on Fominas was foreseeable
and that the state could have easily prevented it by separating the
prisoners. In light of his minor injuries, the court awarded Fominas $250.
See: Anatolis Fominas v. State of New York, Court of Claims, Rochester
(Case No. 101218, 7/2/03).
Source: www.VERDICTSEARCH.com
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Related legal case
Fominas v. State of New York
| Year | 2003 |
|---|---|
| Cite | Court of Claims, Rochester (Case No. 101218, 7/2/0 |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 250 |
| Injunction Status | N/A |