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New York City Agrees to Pay $97,500 to Settle Deliberate Indifference Suit

On March 14, 2008, the City of New York agreed to settle a lawsuit stemming from the assault of a prisoner under the direction of a guard.

Schmi Caballero was brutally beaten by another prisoner with a broomstick after Caballero allegedly “disrespected” Rosemary Congress, a guard at Rikers Island. Congress apparently had told Caballero to get off the phone, but Caballero did not get off quick enough, which angered Congress.

Thereafter, Congress allegedly gave another prisoner a broomstick and opened a gate so the prisoner could assault Caballero. Other guards apparently witnessed the attack but did not intervene. Caballero was also allegedly denied medical attention following the assault.

The suit was settled for $97,500. Caballero was represented by Joel Berger of New York City.

See: Caballero v. The City of New York, No. 07-CV-6357 (S.D.N.Y. 2008).

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Related legal case

Caballero v. The City of New York