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New York Prisoner Assaulted by Guard Settles for $16,250

by Christopher Zoukis

A man serving a 60-day sentence in a New York jail agreed to settle his federal lawsuit for $16,250 against a guard who smacked him twice in the mouth. A total of $13,750 of the settlement was designated for attorneys’ fees, leaving $2,500 for the victim himself.

While serving his brief sentence, Max Jackman, who is white, checked-out a basketball during recreation. One of the guards, who is black, said to Jackman, “White boy knows how to play.” Jackman responded by saying he “wanted to teach the brothers to play.” They bantered back and forth until the guard smacked Jackman in the mouth, twice.

On July 29, 2011, Jackman filed a complaint in federal court against the city of New York and unnamed officials in the city’s Department of Corrections. He alleged deprivation of his constitutional rights, assault and battery, retaliation for the exercise of free speech, intentional infliction of emotional distress, violation of equal protection, and negligence.

On February 7, 2012, Jackman agreed to a settlement of $16,250, the bulk of which was designated for his attorney, and the case was dismissed by Judge Andrew C. Carter.

See: Jackman v. City of New York, et al., United States District Court for the Southern District of New York, Case No. 1:11-cv-05338-JSR (Feb. 7, 2012)

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Related legal case

Jackman v. City of New York, et al.