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NY: Prisoner's Abuse Claim Survives Motion to Dismiss
Loaded on Oct. 31, 2016
by Lonnie Burton
Filed under:
Guard Misconduct,
Eighth Amendment,
Guard Brutality/Beatings,
Settlements,
Telephones,
Failure to Train/Supervise,
Mental Health,
Denial of Religious Services.
Location:
New York.
On December 2, 2014, a federal judge denied New York City's attempt to dismiss a suit filed by a Riker's Island prisoner who claimed he was attacked and beaten by a jail guard without provocation or justification.
The excessive force case was actually the third of four lawsuits …
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More from Lonnie Burton:
- Ninth Circuit: Washington Civil Rights Suit Not Tolled by State Presentment Statute, Jan. 31, 2018
- California Agency Addresses In-person Visits at Jails after Governor Vetoes Bill, Jan. 8, 2018
- New York Times Reveals Racial Bias Rampant in Upstate New York Prisons, Jan. 8, 2018
- Report Slams Takeover of Washington DOC Food Services by Correctional Industries, Jan. 8, 2018
- Solitary to the Streets: Studies Find Such Releases Result in Higher Recidivism Rates, Violent Behavior, Jan. 8, 2018
- $4,000 for Injuries After Prison Staff Ignore Bottom Bunk Directive, Jan. 3, 2018
- $5,000 to Transgender Prisoner in Maryland Sexual Harassment Lawsuit, Jan. 3, 2018
- $4,000 Awarded to Subject of Esquire Article, Jan. 3, 2018
- $5.75 Million Payout in Death of Rikers' Prisoner Denied Medical, Jan. 3, 2018
- South Carolina S.C. Refuses to Order Defendant Maimed from Jail to Psych Hospital, Jan. 3, 2018
More from these topics:
- Massachusetts Settles Lawsuit with Promise to Release Jail Voting Data, April 1, 2026. Voting, Advocacy, Settlements, Voting Rights, Felon Disenfranchisement Statute.
- Idaho Struggles to Respond to Devasting Report of Widespread Prisoner Sex Abuse, April 1, 2026. Staff-Prisoner Assault, Guard Misconduct, Prison Rape Elimination Act, State Legislation, Public Records Act.
- Virginia Jail Suicide Results in $950,000 Settlement, Claims Against Wellpath still Pending, April 1, 2026. Private Contractors, Medical Records, Settlements, Failure to Protect (Wrongful Death), Suicides.
- First Circuit Revives Federal Prisoner’s Claim Against Rhode Island Lockup, April 1, 2026. Denial of Religious Services, Religious Practices, 42 U.S. Code § 1983, civil action for deprivation of rights, Immunity - Sovereign/Municipal, Authority and Jurisdiction.
- Leaked Video Footage Shows California Prison Guards Engaged in Retaliatory Assault, March 1, 2026. Guard Misconduct, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Prison Rape Elimination Act.
- U.S. Sentencing Commission Report Breaks Down Federal Contraband Sentences, March 1, 2026. Guard Misconduct, Mechanical Searches/Scanners, Statistics/Trends, U.S. Sentencing Guidelines, Bribery/Extortion/Theft.
- Eighth Circuit Revives Case Against Guards Who Failed to Intervene As Chaplain Sexually Assaulted Arkansas Prisoner, March 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Prison Rape Elimination Act, Qualified Immunity, Failure to Train/Supervise.
- $300,000 Class-Action Settlement at California Jail Includes Policy Changes; Agreements with Aramark and Wellpath Reached Confidentially, March 1, 2026. Food, Sanitation, Settlements, Class Certification, Monell Liability.
- “Devil in the Ozarks” Gets 13 More Years for Escape, March 1, 2026. Guard Misconduct, DOC/BOP misconduct, Escapes, Security Systems, Authentication/Identification.
- Fourth Circuit Revives Deliberate Indifference Claim for Baltimore Detainee Served Rotten Food, March 1, 2026. Food, Denial of Religious Services, Immunity - Absolute and Qualified, Deliberate Indifference.

