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$60,000 Settlement over Juvenile Civil Rights Violations at Youth Facility

A $60,000 settlement was reached in a civil rights action brought against guards at a New York youth facility. Prisoner James Sabater was incarcerated at the Tryon Residential Center on January 15, 2001 when he was assaulted by youth center guards Kenneth Russell, Steve Smith, Wilfredo Gonzalez, Richard Sheridan, Edward Ausborne, and James Conkling. After a brief altercation in the cafeteria, Sabater raised his hands and surrendered to a restraint being placed on him by Russell, Smith and Gonzalez. After being pinned to the ground with his faced pressed to the concrete floor, he was struck twice in the face by Russell’s closed fist, causing fractures to his nose and right orbital bone that required reconstructive surgery.

The suit brought claims of violations of substantive due process, failure to protect Sabater’s constitutional rights, failure to implement policies to avoid constitutional deprivations, and failure to train and supervise employees under color of state law. The case was settled with Sabater receiving $60,000. He was represented by Elmer Keach III from Amsterdam, New York. See: Sabater v. Russell, USDC, N.D. New York, Case No: 605-CV-00326-DNH-GJD.

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Related legal case

Sabater v. Russell