New York Prisoner Receives $3,732 for Medical Neglect/Lost Property Claim
A New York Court of Claims awarded a prisoner $3,500 for medical neglect by prison medical officials’ failure to treat the prisoner’s deviated septum for 20 months. The prisoner also received a $232.68 settlement for lost property.
Before the Court was the claim of prisoner Stephen Grand, who brought claims that arose from an assault upon him on July 10, 1996. On that day, Grant was attacked by members of a prison gang known as the “five percenters.”
Prison officials refused to diagnose Grant’s injuries until nine days after the assault. The subsequent x-rays revealed he had a deviated septum, which needed surgical repair. It was not performed until February 27, 1998. Prison officials contended the delay was the result of expired contracts for non-emergent care.
After a bench trial, the Court found Grant was due to recover damages for medical neglect in the amount of $3,500 plus interest. The Court dismissed state and federal constitutional violations because such claims have alternative remedies than being brought in a claims court. It also held prison officials were not liable for the assault, for it was a spontaneous event that there was no notice of to prevent.
The defendants agreed to pay Grant $232.68 for property he lost following the assault. Grant proceeded pro se to receive the settlement and March 23, 2006 verdict. See: Grant v. New York, N.Y. Court of Claims, #2006-031-515, claim no: 98192.
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Related legal case
Grant v. New York
|Cite||N.Y. Court of Claims, #2006-031-515, claim no: 98192|
|Level||Court of Claims|