NY Guard Guilty of Attacking Prisoner; Trial on Damages Ordered
NY Guard Guilty of Attacking Prisoner; Trial on Damages Ordered
A New York Court of Claims judge has found a Sing Sing Correctional Facility guard 100% liable for an unprovoked attack on a prisoner, and ordered a trial be held to determine damages.
While the two sides of this case clearly disagree on the facts, here is what the court found had occurred at Sing Sing on the date in question:
Prisoner Warren Davis was on his way to pick up commissary when Officer Ortega ordered him to go back to his cell. Words were exchanged, with Davis asking Ortega why he was not allowed to pick up his commissary, and Ortega calling Davis a liar. A sergeant Intervened and screamed at Davis "how dare you question one of my officers?"
As Davis was returning to his cell, Ortega ordered him to take a different route. As Davis was walking up the stairs, Ortega punched him in the back of the head, knocking Davis to the ground. Davis was then handcuffed and taken to the infirmary, where nursing staff noted that Davis' right eye was injured.
While Davis claims his hands were in his pockets and he was repeatedly punched by Ortega, Ortega claimed that Davis disobeyed his orders, was loud and belligerent, took his hands out of his pocket, and turned aggressively toward him. Ortega said he was just defending himself.
The court, however, discounted much of Ortega's account of the incident. The court found Ortega "not credible," especially his claim that he was acting in "self-defense." Simply saying "I feel threatened," the court said, was not enough to justify the use of force. "There must be some factor that can be pointed to as a reason why the officer would feel threatened . . . and the defendant offered nothing along those lines."
In contrast, the court said that Davis' account was more believable, although it too was exaggerated. "As is often the case, the court finds that the truth of what transpired is somewhere in between the accounts related by the claimant and the officer."
The court finally noted that Ortega, under New York law, was required to exhaust all other options prior to the use of force, and that Ortega failed to do so, completely ignoring the use of force protocol.
A trial date for the determination of damages is pending. Davis was represented by attorney Francis X. Young of Young & Bartlett, LLP.
See: Davis v. The State of New York (NY Court of Claims), No. 2013-029-009, Claim No. 116916 (April 24, 2013).
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Related legal case
Davis v. The State of New York
| Year | 2013 |
|---|---|
| Cite | (NY Court of Claims), No. 2013-029-009, Claim No. 116916 (April 24, 2013) |
| Level | State Trial Court |
| Conclusion | Bench Verdict |