New York prisoner Andrew Harvey was on the recreation yard at Watertown Correctional Facility when a riot erupted on August 6, 2003. He was not involved in the riot, but he and other prisoners where handcuffed and removed from the yard. A guard pushed him through a doorway, causing him to strike his face on the doorjamb. His request for medical assistance was denied. He sustained a bruise above his left eye.
Harvey sued in state court alleging battery and seeking damages for past pain and suffering. The court found “that Harvey’s description of the events was credible and that there was no conflicting evidence.” The court “concluded that the state’s conduct placed Harvey in imminent apprehension of harmful contact and that Harvey had established intentional, offensive bodily contact.” Noting “that physical injury need not be present for an assault,” the court awarded Harvey $100 on August 22, 2005. See: Harvey v. New York, Syracuse Court of Claims, Case No. 108392.
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Related legal case
Harvey v. New York
|Cite||Syracuse Court of Claims, Case No. 108392|
|Level||Court of Claims|