113 F.SUPP.2D 441

AKIL AL-JUNDI, on behalf of himself and all others similarly situated, et al., Plaintiffs, v. VINCENT MANCUSI et al., Defendants.

75-CV-132

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK

113 F. Supp. 2d 441; 2000 U.S. Dist.

August 28, 2000, Decided
August 28, 2000, Filed, Issued



DISPOSITION: [**296] Settlement Agreement presented to this Court on January 4, 2000 approved and the case dismissed with prejudice pursuant to Rule 23(e) of the Federal Rules of Civil Procedure. All class members enjoined from instituting or prosecuting any further action or proceeding regarding the settled claims. Court retained jurisdiction over enforcement of the Settlement Agreement.


JUDGES: Honorable Michael A. Telesca, United States District Judge, Western District of New York.

OPINION: Claim of Grover Cleveland Smith, Jr.
Mr. Smith claims that he was an inmate in D-Yard on September 13, 1971, and that his right leg was broken in three places from severe beating. He suffered lacerations to his right eye and right side of his face. He claims a chipped bone in his spine and nerve damage and back injury from being hit on his back on the steps leading to A-Yard. He claims that he was knocked unconscious while going into A-Yard. He claims that his back is still painful and that he has problems with his stomach. He claims continued emotional distress. In a telephone interview on July 17, 2000, Mr. Smith chose not to testify and requested the Court to rely upon his written [**297] claim.

Claim of Roger Karl Williams
Diane Williams brings this claim on behalf of her late husband, Roger Williams, who was an inmate in D-Yard on September 13, 1971. Ms. Williams claims that her husband had minor wounds in his back and buttocks from being shot by buckshot. She claims that her husband was beaten in A-Yard and was forced to run the gauntlet, where he was beaten on his back, head, neck, and knees. She claims also that his hands were struck with clubs while he was in his cell. She claims that he suffered from facial scars and permanent knee damage, as well as nightmares, flashbacks, alcohol abuse, and moderate to severe post traumatic stress disorder.
In a separate statement, she claims that his teeth were broken and his legs injured, and that he was refused medical treatment. She claims that he suffered from nightmares and severe mental distress. In a telephone interview on July 6, 2000, Ms. Williams stated that rather than travel to Rochester, New York to testify, she would rely upon her detailed claim.

Claim of Carlos Roche
Carlos Roche testified in support of his claim on July 17, 2000. He stated that he was an inmate at Attica on [**298] September 13, 1971 in D-Yard. He heard the helicopter, was gassed, and sought cover in D-Yard. While in D-Yard, a corrections officer fired a Thompson submachine gun over inmates' heads chipping the concrete which was a very frightening experience. He was not struck by any bullets. He was moved into A-Yard through the corridor and was hit in his neck with the butt of a gun. He was knocked unconscious and when he came to, a trooper was standing on his hands. He sustained fractures of three fingers on his right hand and two on his left hand which, as he displayed to the Court, are disfigured. He was sent to a hospital on September 15, 1971 and x-rays revealed the fractures. On September 16, 1971, he was transferred to Green Haven Correctional Facility and his injuries were treated. His hands were placed in splints. Because of the continuing pain and paralysis in his right arm and shoulder, x-rays were taken in December of 1971 which revealed that disks in the cervical area of his neck were injured. He was placed in traction for three and one-half years while he was at Green Haven Correctional Facility. He has been diagnosed with permanent, progressive arthritis in his hands, neck, and [**299] back.

Claim of William R. McPhee
William R. McPhee III, gave his testimony on July 24, 2000 by telephone from the Southport Correctional Facility where he is an inmate. He claims that he received a "00" buckshot wound to his left shin, and that the bullet came out on its [*543] own while he was on route to being transferred to Comstock Correctional Facility after the riot. He claims that he was forced to crawl through the mud in A-Yard, and eventually went through the A-Corridor gauntlet. He was beaten as he went through the gauntlet and up the stairs to his cell. He lost four teeth as a result of being struck in the mouth with a rifle butt. He has recurring nightmares, insomnia, and paranoia.

Claim of John A. Boyd
Mr. Boyd, who is currently incarcerated at Collins Correctional Facility, testified by telephone on July 24, 2000. He claims he was an inmate at Attica and present in D-Yard on September 13, 1971. He claims that he was shot in his lower back while on the catwalk and that shrapnel is still lodged in his body. He claims that he was taken to A-Block and that the broken glass on the tier punctured his feet. He was placed in a cell in A-Block and he was [**300] bleeding from his gunshot wound and was removed from his cell to be transferred to Housing Block Z. On his way to Housing Block Z, he saw wounded and dead inmates lying on stretchers against the fence and he was forced to run up the staircase leading to the Housing Block Z-Gauntlet. He was struck repeatedly on his head, ribs, back, chest, shoulders, arms, and hands with sticks, clubs, and axe handles. He claims that his middle right finger was fractured during the beatings. The beatings continued despite the fact that he was visibly bleeding from his gunshot wound. His life was threatened when he was placed in Housing Block Z where he remained for 11 days. He was eventually taken to the Meyer Memorial Hospital in Buffalo for treatment. He claims that his eyesight is affected because he was drenched with tear gas. He claims to suffer from lasting emotional distress in the form of post traumatic stress disorder, hypertension, flashbacks, and noise sensitivity.

Claim of Albert Victory
Albert Victory claims that he was an inmate at the Attica Correctional Facility on September 13, 1971 in D-Yard. He claims that he was shot by buckshot in the legs and hip while in D-Yard [**301] and sustained fractures to his ribs as well as fractures to bones in his hands and nose. He also received head injuries from beatings requiring stitches to close open wounds. His feet, hands and knees bled from cuts as he ran through the A-Yard tunnel. He was questioned by Superintendent Karl Pfeil who was looking for inmates to testify against other inmates involved in the uprising. When he indicated he knew nothing, he was thrown down a flight of stairs which aggravated his injuries. He claims to continue to suffer from arthritis pain throughout his body from the injuries received at Attica. He also claims that his nose is not fully healed and restricts his ability to breathe. He complains of migraine headaches that he feels are caused by the beatings to his head. He also claims a partial paralysis of his right hand. Mr. Victory was interviewed by telephone on July 31, 2000.

Claim of Wilbert Howard
Mr. Howard who is currently incarcerated at Collins Correctional Facility testified by telephone on July 24, 2000. He claims he was an inmate at Attica, in D-Yard, on September 13, 1971 and that he was struck on his head with a baton by a State trooper. He claims that he [**302] was forced to crawl face-down on the muddy ground of A-Yard. While crawling, he claims that he was beaten with sticks on his back and legs. He claims that he was struck multiple times with sticks, axe handles, and rifle butts on his head, back, shoulders, stomach, legs, arms, and hands while he ran through the A-Gauntlet. He claims that after he received a blow to his head, he fell down onto broken glass which caused the tendon in his right ankle to become severed. He claims that he was beaten further in the stairway to the tier which led to the cell area. He claims that his life was [*544] threatened by corrections officers and State troopers, while he was in his cell. Mr. Howard received medical care for his injuries and is currently receiving care. He claims to suffer from lasting pain and disability in his right ankle. The ankle injury that he sustained at Attica requires him to wear orthopedic shoes and boots. He also claims to suffer from lasting emotional distress in the form of nightmares and flashbacks.

Claim of L.C. Gardner
Mr. Gardner claims he was shot in the neck area two times while he was lying on the ground in D-Yard. He believes he had three holes in his back [**303] and neck. He claims that he has had pain ever since, and that some days he can't get out of bed. He claims continued emotional distress and an inability to interact with people. He still has one of the bullets ("00" buckshot) lodged in his back.

Claim of Milton L. Jones
Mr. Jones claims that he was an inmate at Attica on September 13, 1971 and that he was shot through the leg, received pellet wounds in his head, and lost the tip of his toe during the retaking. He claims neck and back pains, diminishing vision, and claims that he is "mentally messed up" and that he has a couple of children on Prozac. He claims to suffer from blackouts and hears voices.

Claim of Peter J. Galvin
Mr. Galvin testified on July 26, 2000 that he was an inmate in D-Yard on September 13, 2000. At the time of the retaking he was on a catwalk near D and B-blocks. He testified that he was shot by a ricocheting piece of metal that entered his lower left calf. After being moved into D-Yard, a State trooper slammed a shotgun butt into his shoulders and lower back. He was shoved into A-Yard, where he was forced to strip and lie naked in the mud. He was pushed face down on top of another [**304] man. When he was allowed to stand up he saw men being tortured and beaten, and then was forced to run through the gauntlet. When he was rehoused, a trooper grabbed him by the hair on his head, and slammed his head against the bars of the cells as they walked down the corridor to Galvin's cell. Once in his cell, he removed the shrapnel from his leg by himself because he feared that requesting medical attention would subject him to additional brutality.
Mr. Galvin was released in October 1971 and shortly thereafter had a nervous breakdown. He testified that it has been very difficult for him to deal with his memories of Attica, and that he has suffered, among other things, sleeplessness and recurring nightmares.

Claim of Gerald Jackson
Mr. Jackson claims that he was in D-Yard on September 13, 1971, and that he was shot by a State trooper in the left arm and that the bullets went into his left shoulder and arm while he was in D-Yard. He also claims that a trooper kicked a fire barrel onto his right leg and caused 3rd degree burns. He was given medical treatment at Attica after 2 to 3 hours.

Claim of Willie C. Elliott
Mr. Elliott of Albion, New York claims [**305] that he was shot in the side of his left knee cap while he was in D-Yard on September 13, 1971. He also claims that he was made to crawl across A-Block yard and was beaten and prodded with sticks and rods (including prodding into his rectum). He was forced to crawl across A-Yard, and was beaten in the gauntlet, and was stripped of his clothes. He was made to run across glass. He was placed into a cell without food for approximately one week. He was threatened at gunpoint by troopers. He received no medical treatment. He stills suffers from physical pain, has an occasional limp, and suffers from mental anguish to this day.

Claim of James Allen
Mr. Allen, currently an inmate at the Adirondack Correctional Facility, gave testimony by telephone on July 24, 2000. He was an inmate at Attica in D-Yard, on [*545] September 13, 1971 and claims that he was struck on his head with a rifle butt while he was crawling through A-Yard and that his scalp was split open, causing severe bleeding. He further claims that he was beaten on the shoulders, lower back, and left foot with sticks and axe handles. He claims that the blows to his lower back fractured lumbar discs 3, 4, and 5. He claims [**306] that his hands were beaten with batons and that the beatings permanently deformed his right and left thumbs. He claims that after he was placed in a cell, his ribs were sprayed with a "high impact" water hose and that his rib cage was injured as a result. He also claims that he suffered from sleep deprivation because corrections officers and State troopers banged on the cells day and night. Mr. Allen did not receive medical attention at the time, but is currently receiving treatment. He claims to suffer from lasting physical pain and disability in his lower back. He claims that his lumbar discs have been shattered and that he has had to seek physical therapy. He also claims to suffer from lasting emotional distress in the form of suicidal indications, nightmares, flashbacks, and noise sensitivity.

Claim of George Lewis
Mr. Lewis who is currently incarcerated at Great Meadow Correctional Facility, Comstock, New York, and who was an inmate at Attica, in D-Yard, on September 13, 1971, testified via telephone on July 26, 2000. He claims that he received shotgun wounds and that pellets were lodged in the back of his head and in the upper gums of his mouth. He states that [**307] he did not receive medical attention until Judge Greenfield of the New York State Supreme Court issued an order in February of 1972 to have Mr. Lewis treated at Kings County Hospital, where the pellets were removed from his scalp and upper gums. He also received a root canal. Mr. Lewis claims that the D-Yard doors fell onto him and injured his legs below the knee. He claims that he was unable to move when he was ordered to strip in D-Yard. He claims that he was kicked in the groin, back, and neck because he was not moving "fast enough." He claims that a fellow inmate was struck on the head, causing his scalp to split open, because this inmate assisted him into D-Tunnel. He claims that he was dragged into D-Corridor and beaten by State troopers who claimed he could walk. He claims that he grabbed a loaded gun from a State trooper who had pointed it to his face. He claims that the trooper pulled the trigger on the gun while he grabbed it and shot him on his left index finger. He claims that the trooper jerked the gun out of his hand and ripped his injured finger in the process. He further claims that he was dragged into A-Gauntlet and forced to crawl, cutting his hands, arms, legs, and [**308] feet. He claims that he was beaten repeatedly by corrections officers and State troopers. In some instances, one officer would hold him down while the other would beat. He claims that his head was beaten further with an axe handle and that the front part of his scalp was eventually split open. He claims that he was beaten again, while his head was bleeding, on a tier and that a fellow inmate dragged him into a cell in A-Block. Mr. Lewis received minimal medical attention for his injuries at Comstock Correctional Facility and is currently receiving care. He claims to suffer lasting physical pain and disability in his leg, fingers, wrist, and left arm, which he claims is deformed. His leg injuries have required him to wear braces. He also claims to suffer from lasting emotional distress in the form of nightmares, flashbacks, anxiety, insomnia, and post traumatic stress disorder.

Claim of Jiri George Newport
Mr. Newport, who is currently incarcerated at Cayuga Correctional Facility, was at Attica on September 13, 1971, and provided testimony via telephone on July 26, 2000. He claims to have witnessed the death of friend and fellow inmate Mickey Privitera at the onset of [**309] the riot. He claims that, while in D-Yard, he was hit in both shins by shrapnel, and was struck in [*546] D-Tunnel in the back of his head and on his shoulders and buttocks with sticks. He claims that he was hit and kicked when going down A-Stairs, and again in A-Yard trying to remove his clothing, then kicked while crawling across the ground in A-Yard. He claims that he was forced to run through A-Gauntlet, where he was struck repeatedly with sticks and rifle butts on his face, chest, back, shoulders and buttocks. He was struck several more times as he made his way up the stairs to a cell, where an officer stood waiting to strike him once again as he entered the cell. He claims that once inside the cell, officers threw glass jars against the cell bars, which broke sending pieces of glass flying into the cell at the inmates within, who had no clothing or blankets to protect themselves. He claims that the weather was cold and rainy, and that the officers opened all the windows in the facility to make the nude inmates more miserable. He claimed that inmates were randomly pulled out of the cells and beaten, and that, when he was taken to be interviewed by the McKay Commission, he was beaten [**310] in the elevator. He claims that he was kicked in the face, breaking his right cheek bone and causing his right eye to swell shut. He was then placed in the Special Housing Unit where he remained until April 1972 when he was transferred to Auburn Correctional Facility. He claims that the pupil in his left eye will no longer dilate, an injury he attributes to the beatings he suffered during the retaking. He experiences nightmares on a regular basis, depression, and flashbacks.

Claim of Raymond Sumpter
Mr. Sumpter, currently incarcerated at Sullivan Correctional Facility, was present in D-Yard at Attica on September 13, 1971, and provided testimony via telephone on July 26, 2000. He claims that he was kicked, punched, and beaten with shotgun butts and batons in the A-Block third floor crossover. He also claims that he was specially designated by corrections officers to be beaten for having escorted Senators Dunne and Garcia and others on a tour of SHU and C-Block on September 12, 1971. He claims he was taken to a room where six or seven corrections officers beat, kicked and stomped him, and struck him repeatedly with batons, clubs and rifles, before being taken to Six-Company [**311] A-Block and rehoused with two other inmates, where officers played Russian roulette with him. He also claims that in A-Yard he was beaten by a clergyman who was also a deputy sheriff, and who told him that he was a heathen and that the world should be cleansed of 'your type.' He claims that this deeply affected him that a man of God would have 'acted so barbarically.' He claims that the injuries he sustained include a dislocated jaw, a bullet fragment lodged in his right knee, a hairline chest fracture, and loss of several teeth. He claims his dentures were knocked out from a blow to his face with a shotgun butt. He claims that he has post traumatic stress disorder, and nightmares. He claims that he becomes paranoid when the guards at Sullivan mention Attica, and he has flashbacks on the anniversary or when he sees television movies or documentaries about Attica.

Claim of Robert Lee Robinson
Ms. Martha Robinson, of Rochester, New York files this claim on behalf of the late Robert Lee Robinson, who was an inmate at Attica on September 13, 1971. She claims that Mr. Robinson was shot once in the upper arm and twice in the upper thigh, then was beaten as he ran through [**312] the A-Gauntlet. He received medical treatment on September 15, 1971. He suffered from lasting back pain, nightmares, flashbacks, alcoholism and avoidance problems.

Claim of Nathaniel King
Ms. Marguerite Dixon, of Buffalo, New York files this claim on behalf of her late brother, Nathaniel King, who was an inmate at Attica on September 13, 1971. Ms. Dixon claims her brother was shot in the leg with buckshot while in D-Yard, suffered cuts to his feet and was beaten in [*547] the A-Gauntlet by officers swinging axe handles and shovels. She claims that after being re-housed in a cell, he was verbally threatened by guards pointing rifles at him. As a result of the shot in the leg, Mr. King was forced to walk with a cane. He suffered from nightmares, flashbacks and alcoholism until his death on February 13, 1997.

Claim of William L. Wilson
Mr. Wilson claims that he was in D-Yard on September 13, 1971, and that he was shot in the left hand in D-yard, was forced to run through the A-yard, gauntlet, and was beaten on his head, neck, shoulders, and back. He received medical attention on September 15th at the Attica hospital for the gunshot wound. He claims that the hand [**313] healed in about two months, and that the injuries to his head and neck lasted 10 years. He suffers from mild post traumatic stress disorder, including nightmares and flashbacks.

Claim of Carlos Eugene Brown
Mr. Brown, of Buffalo, New York, claims that he was in D-Yard on September 13, 1971, and that he was singled out for special treatment as a leader of the riot. He claims that was hit in the face, had his nose broken, had several teeth knocked out of his mouth, and was knocked unconscious by a rifle butt. He states in his claim that he was kicked back into consciousness and was sodomized with a rifle barrel. He was struck repeatedly after failing to strip naked quickly enough for the guards. He was beaten all over his body, including his genital area while running the gauntlet. He was forced to lay in A-yard naked for three hours and was subjected to a rectal examination. This resulted in an infection due to tearing and bleeding. He claims he suffered a bruised kidney which led to a urinary tract infection. He claims he was forced to run through a second gauntlet, and was put naked into a cell with 10 to 12 other naked inmates and left there for days with no food, [**314] no medical care, no bedding, and hourly raids. He was threatened with death, and a couple days after the riot, was taken from his cell and beaten with a large rubber hose. He claims that he was subjected to another rectal search. He claims that he was denied medical attention until several days after the riot, and that he suffered permanent kidney damage as a result of the beatings. He claims to suffer from manic depression, nightmares, headaches, hypertension, and fear of authority.

Claim of John Henry Taylor
Mr. Taylor, currently incarcerated at the Groveland Correctional Facility, testified by telephone on July 25, 2000. He claims he was present at Attica on September 13, 1971 and that he was struck in the left leg by a ricocheting "00" buckshot bullet. He was stripped in A-Yard and clubbed by a corrections officer, breaking his upper cervical vertebrae. He was then forced through A-Tunnel gauntlet and was struck in the right side of the face with a blunt object which fractured his jaw causing him to lose six teeth. He ultimately lost twenty teeth. He claims that at the end of the gauntlet he fell down and was repeatedly struck with sticks in his rib cage, fracturing [**315] several ribs. He was unable to get up, so officers dragged him to a cell, where he became unconscious for some time and was unable to raise his head. Two days later, he was given an improvised neck brace made out of asbestos from the hot water pipes in the prison. He was not given a proper neck brace for three months. He never received any pain medication, although he was in extreme pain from all the beating he had endured. He claims his jaw is permanently dislocated and the nerves in his face and jaw are "deadened." He experiences flashbacks when awakened during the night.

Claim of Gilbert Washington Bates
Gilbert Washington Bates testified in support of his claim on June 27, 2000. He stated that he is 62 years of age and claims that he was lying on the ground in A-Yard after the assault when an officer ordered everyone over the age of 60 to move to one [*548] side. He claims that a man next to him stood up and that as he tried to pull the man back to the ground to protect him, an officer shot both of them. According to Bates, the bullet that entered the inmate next to him exited that inmate's body and struck Bates in the back. While he was being taken to the prison hospital, [**316] officers threatened to kill him, telling him that if he opened his mouth, they would "go to Buffalo and kill your kids and family." The bullet was removed on September 14, 1971 in the infirmary at Attica. Mr. Bates testified that "They sat me up in a dentist chair, I bent over and they took the bullet out and sent me back to the box." Mr. Bates was kept in an SHU cell block for eight months. Today, it is difficult for him to lie on his back and he is unable to walk straight because of the gunshot wound. He testified that he lost four front teeth by being struck in the mouth by a trooper with a gun butt. He has suffered from drinking problems and is very paranoid. In closing, Mr. Bates observed that "They treated the inmates like animals."

Claim of Macon Lee, Jr.
Macon Lee, Jr., age 51 of Rochester, New York, testified in support of his claim on June 28, 2000. He saw two inmates, Calvin Allen and Carlos Prescott killed during the retaking. He was shot by a trooper with a tear gas gun in the stomach in front of the A-Corridor, and received first and second degree burns to his stomach and chest. He was beaten by corrections officers and troopers in A-Yard, ran the gauntlet, [**317] and was taken to a cell. He was eventually released to Comstock Correctional Facility. He had been shot in his right foot but cannot remember when or how the pellet was removed. He was treated in Comstock and remained in the infirmary there for five to seven days with "IV" treatment.

Claim of Eric Askew
Eric Askew of Buffalo, New York claims that on September 13, 1971 he was an inmate at Attica Correctional Facility. Mr. Askew claims that he was forced to run barefoot through the gauntlet while being beaten with nightsticks and axe handles. He claims that he suffered broken and fractured bones, a broken nose, lacerated feet, numerous contusions, bruises, broken and knocked out teeth, ear, mouth, and nose injuries, and back, leg, and chest injuries due to the beatings. He claims he had gun shoved in his mouth. He claims that once rehoused in a cell, he was taken out and beaten again because he was believed to have been in the block where the riot began. He claims to suffer from uncontrollable nightmares and flashbacks. He suffers from depression, fits of anxiety, and mood swings. He claims that he was denied access to medical treatment and was forced to heal "unnaturally. [**318] "

Claim of Ashimba Tariq (a/k/a Carl Jones)
Ashimba Tariq, age 60, of Binghamton, New York testified in support of his claim on July 10, 2000. During the riot, he was part of the prisoners' negotiating team. Mr. Tariq was on a catwalk when the retaking began, and was thrown to the ground ten feet below into D-Yard by approaching troopers who were part of the retaking force. He suffered a bullet wound to his right ankle, a laceration in his lower left stomach, a broken nose, and numerous bruises and contusions all over his body. The bullet wound left scars on his right ankle, and there is a visible six-inch scar on his lower left abdomen. He was placed in Housing Block Z and beaten on the stairway. He was singled out for specialized treatment because of his role as part of the negotiating team and spent several weeks in Housing Block Z. He was naked and the guards continually harassed him. He continues to suffer from flashbacks, nightmares, and sleep problems. This episode in his life has left him with increased anxiety and he is still unable to trust authority.

Claim of Frank J. Criscitello
Frank J. Criscitello, age 52, was scheduled to appear and give [**319] testimony in support [*549] of his claim but, because of health reasons, was unable to travel from Johnson City, New York to Rochester, New York on June 26, 2000. In a telephone conversation on June 28, 2000 with Mr. Criscitello, the statement given in his claim form was verified. He was in D-Yard on September 13, 1971 and his seven lower teeth were knocked out when he was struck by a trooper in the face with a rifle butt. He was kicked in the back and stomped on and this was repeated when he complained of pain to a corrections officer. He claims that his back was broken and that he has been disabled ever since. He was forced to run the gauntlet and received bruises and cuts from being struck. He was unable to stand for roll call and was beaten again. He did not receive medical treatment for his injuries until he was released from prison and is still being treated for those injuries. He has been told that he probably has a cracked back (T-12) "which finally burst in 1992." It affects his legs and it is difficult for him to walk. He still suffers from emotional distress and "still often ends up in a psych centers, jails, detoxes, and rehabs." He recently suffered a stroke and continues to [**320] have back problems. He claims to be terminally ill due to liver disease - cirrhosis of the liver, end stage liver disease, hepatitis B and C, and hepatic encephalopathy. Mr. Criscitello summarized his testimony by stating, "I have lost all respect for the law after what I saw and went through in Attica."

Claim of Gregory Felder
Pearlie Felder brings this claim on behalf of her son, Gregory Felder, who died in 1994. She testified on July 10, 2000 that her son was shot in D-Yard with buckshot, was beaten about his body, and was kicked in his genitals. He did not receive any medical treatment until he went to Green Haven Correctional Facility. Upon his release from prison, he continually had nightmares and she had to stay in a room with him because he always felt that somebody was out to get him. He was shot in the back of his neck and he had "many holes in his back from buckshot." He was never able to maintain a job because of his emotional problems caused by the trauma of Attica.

Claim of Thomas Carl Stauffenberger, Jr.
Thomas Carl Stauffenberger, Jr., age 51, of Buffalo, New York, testified on July 10, 2000 concerning his claim for injuries received [**321] on September 13, 1971, while an inmate at Attica Correctional Facility. He was shot in the left elbow with a shot gun pellet during the retaking assault. He claims that he was then beaten as he went through the tunnel and down the A-Block steps by troopers and corrections officers. He was struck with clubs "all over my body." He was forced to strip in A-Yard and was beaten again all over his body with clubs through the A-Tunnel gauntlet. He was beaten again when he went into the wrong cell. Finally, the guards played Russian roulette with him while he was in his cell. He received medical treatment at Attica on September 15, 1971. He continues to suffer from nightmares, flashbacks, trouble with crowds, and methadone maintenance. He was kept in lock-down status from September 13, 1971 until February 1972.

Claim of Clarence X. Torry
Addie Lee Standifer files this claim on behalf of her late brother, Clarence X. Torry. She claims that on September 13, 1971, her brother received a gunshot wound to his shoulder. She also claims that he suffered from nightmares and flashbacks for the rest of his life following the Attica retaking. A duplicate claim has also been filed by Alfreda [**322] Marshall, Mr. Torry's daughter, claiming to be the deceased's legal representative.

Claim of Michael T. Strange
Michael T. Strange claims that he was an inmate in D-Yard at Attica Correctional Facility on September 13, 1971. He was scheduled to be released on parole on the Wednesday before the riot but was not [*550] released on his assigned date. He was at the conference table with Jerry Rosenberg, Big Black Smith, Bernard Stroble, and others. He typed the list of inmates' demands.
Mr. Strange claims that, when the helicopter dropped the gas and the shooting began, he felt "little pings" hitting him on the right side of his neck. He realized that he was being hit by fragments of the brick wall which were exploding under the gun fire. He also saw the glass window to his left being shot out. He hid in a fox hole. A canister of the tear gas fell near him, causing him to vomit, his eyes to swell closed, and his lips, nose, and lungs to burn as if on fire. He was ordered out of the hole and made to lie in a puddle of water. He heard guards shout his name. When they found him, he was beaten, stripped, and made to run the gauntlet through the A-Block corridor and into a cell. He [**323] claims that he was beaten unconscious. He claims that, while in his cell, urine was thrown on him, guards spit on him, and he did not receive medical treatment for two days. He has suffered nightmares for many years.

Claim of Matthew Gulley
Mr. Gulley, who is currently incarcerated at Mohawk Correctional Facility, Rome, New York, and who was an inmate at Attica, in D-Yard, on September 13, 1971, claims that he was severely beaten in D-Tunnel, A-Yard, and A-Gauntlet. He testified at the Batavia Federal Detention Facility in Batavia, New York on August 2, 2000. He claims to have sustained permanent nerve damage in his right arm and shoulder as a result of the beatings. He claims that he received medical treatment at Green Haven Correctional Facility for seven months for this injury and continues to require medical care. He also claims that his lower back was injured and that his testicles were swollen. He claims that his feet were cut from the broken glass in A-Gauntlet. He claims that his life was threatened repeatedly before and after he was placed in a cell. He claims to suffer from lasting physical pain and disability in his right hand and back. He claims to have [**324] a weakened grip in his hand and limited weight bearing ability due to his back injury. He claims to experience intermittent paralysis in his right hand. He also claims to experience pain with urination due to injury to his testicles. He also claims to suffer from lasting emotional distress, including a breakdown which he believes was a result of Attica and which required hospitalization. He states that emotional strain and fear caused his wife to file for divorce.

Claim of Stan Brown (a/k/a Rasheed Ali)
Mr. Brown testified at the Batavia Federal Detention Facility in Batavia, New York on August 2, 2000. He is currently incarcerated at Arthurkill Correctional Facility, Staten Island, New York, and was an inmate at Attica, in D-Yard, on September 13, 1971. He claims that he was tear-gassed and then shot by "00" buckshot ricochet. Medical records indicate that several bullet fragments still overlie his left mid abdomen and right sacroiliac joints. He claims that he was beaten by State troopers with rifle butts when he left D-Yard to go to D-Tunnel. He claims that he covered his head with his hands to protect his head from injury and that his hands were struck by blows [**325] aimed at his head. He claims that several fingers were fractured as a result. He claims that he was kicked on his back and ribs and that the back of his head eventually split open as a result of the beatings. He further claims that he was forced to strip and forced to run through the A-Gauntlet with his hands folded behind his head. He claims that he was beaten, kicked, and spat-on in the gauntlet and that his feet, legs, and buttocks were cut by the broken glass after he fell to the ground. He claims that he was placed in a cell with five other inmates and that his life was repeatedly threatened by a State trooper who pointed his rifle directly at his face and threatened to shoot. He claims that [*551] the brutality and humiliation that he experienced at Attica did not end when he was transferred to Green Haven Correctional Facility. Mr. Brown did not receive medical attention for his injuries but is currently under treatment. He claims to suffer from lasting physical pain. He claims that his fingers are deformed as a result of being fractured and that he is unable to fully utilize both hands. He also claims to suffer from frequent headaches which he attributes to his beatings at Attica. [**326] He claims to suffer from severe back pain and claims that he has scoliosis and arthritis in his spine. Medical records confirm that he has experienced degenerative changes in his back but do not reflect any causal link to his Attica injuries. Mr. Brown also claims to suffer from lasting emotional distress. He claims to experience anger, fear, sadness, and nightmares. He states that he is continually targeted and humiliated by corrections officers who learn that he was an inmate at Attica during the riot.

Claim of Robert Sawyer
Mr. Sawyer claims he was an inmate at Attica Correctional Facility in D-Yard on September 13, 1971, and was beaten all over his entire body by corrections officers with clubs in the A-Gauntlet. Once he was placed in a cell, a State trooper took him out and beat him until he lost consciousness. He awoke in the prison hospital with a fractured left leg, fractured left arm, and two broken ribs on his left side. He also received stitches for his head injuries. While in the hospital, he contracted serum hepatitis which has affected his liver and other organs. He still has extremely bad recurring headaches. He also suffers from flashbacks, avoidance [**327] problems, and post traumatic stress disorder.

Claim of David Felder
Mr. Felder of Bronx, New York, claims that he was shot in his calf while in D-Yard. He claims that he was hit on the head by a State trooper with a club, was kicked and beaten on the shoulders, and was forced to run the gauntlet. He claims that the guards played Russian roulette with him in his cell. He claims that he did not receive any medical attention at Attica and is not being treated presently for his injuries. He claims that he has suffered lasting pain in his legs and back. He claims that he suffers from nightmares, flashbacks, panic attacks, and severe post traumatic stress disorder.

Claim of Timothy Kelly, Jr.
Mr. Kelly of New York City claims that he was shot in the head, arm, and ankle while in D-Yard at Attica on September 13, 1971. He claims that he was removed from the yard but did not receive medical treatment until September 16, 1971, and that as a result, his wounds became infected. He claims to still suffer headaches from the head wound, but that the injuries to his arm and foot healed within a few years. He claims to suffer from moderate post traumatic stress disorder. [**328]

Claim of James Spraggins
Mr. Spraggins, of Rochester, New York, testified on July 25, 2000 that he was an inmate in D-Yard on September 13, 1971. He testified that he was shot with a shotgun during the retaking. Later, he was struck in the mouth with a rifle butt, knocking ten teeth out of his mouth. He testified that during the beatings, his right knee cap, jaw, and nose were broken. He continues to suffer from emotional distress, including nightmares and flashbacks.

Claim of William Miles
Mr. Miles, who is currently incarcerated at Orleans Correctional Facility, Albion, New York, and who was an inmate at Attica, in D-Yard, on September 13, 1971, claims that corrections officers and State troopers shot tear gas guns and grenades into D-Yard. He claims that he was shot in his right leg and knocked down in D-Block corridor. After being shot, he claims that he ran for his life and headed towards the school area. He claims that he ran back to the D-Block corridor because he saw numerous corrections officers and State troopers, all of whom were armed. In D-Block corridor, he claims [*552] that he was forced to strip and enter A-Yard. He claims that he was forced [**329] to crawl on the ground using his hands and elbows. He claims that the inmates were ordered to raise one finger if injured. He claims that he was kicked on his side and told to keep crawling after a corrections officer saw his finger raised. He claims that he continued to crawl and eventually joined an "S" shaped line of naked inmates. He claims that he was forced to run through the A-Gauntlet and that he was struck across his back with an object, beaten, punched, and kicked with night sticks, axe handles, fists, and boots until he was placed in a cell. He claims that he was severely beaten on his head, chest, hips, and legs. He claims that he was kicked and further beaten when he fell down. He claims that he sustained cuts and bruises all over his body, as well as a bullet wound in his right leg. He also claims that he had pieces of embedded glass in his feet, legs, and hips. He claims that he was placed in a cell with three other inmates and that he slept while bleeding on a bed of metal springs (no mattress) for four days. Mr. Miles did not receive medical attention for his injuries and states that he removed the embedded glass from his body. He claims that he was transferred to [**330] Great Meadow Correctional Facility with no medical attention to his gunshot wound. He claims that he is currently under treatment for the injuries he sustained at Attica. He claims that he suffers from lasting pain in his right leg and from memory loss as a result of his head injury. He also claims to suffer from chest pain and pain in his hip as a result of the beatings. He also claims to suffer from lasting emotional distress in the form of nightmares and flashbacks.

Claim of Samuel Lopez
Leonor Lopez Ramos brings this claim on behalf of her late brother Samuel Lopez, who died in 1985. Although Ms. Ramos filed the claim, she states that she is not the legal representative of Mr. Lopez's estate. She indicates that Mr. Lopez sustained head injuries during the retaking for which he required a metal plate. She claims that he also received a gunshot wound, stabbing wound, and loss of his teeth due to beatings. Mr. Lopez was treated at the Attica Correctional Facility Hospital and received dental treatment at Attica. Ms. Ramos indicates that Mr. Lopez had persistent head pain and a limp from the gunshot wound. She also states that he suffered from depression and was traumatized. [**331]

Claim of Cecil Robinson
Mr. Robinson, of New York City claims to have received a shrapnel wound to his left leg while in D-Yard. He was physically thrown off the catwalk, was beaten on his neck, back and arms on the stairs on the way to A-Yard and in the A-Tunnel gauntlet. He still has shrapnel in his left leg which results in recurring pain. He suffers from has nightmares and flashbacks. He fears authority figures, which bring back memories of Attica.
Category IV

Award of $ 125,000 to Each Claimant in Category IV

Claim of Frank Smith
On May 24, 2000, Mr. Smith provided testimony in support of his claim. He testified that, during the riot, he was asked to become the head of the security team which entailed making sure that the inmates and hostages were safe during negotiations and that people (outsiders) coming into the yard would be safe from harm. He testified that during the retaking, prison officials accused him of castrating and cutting the throats of officers held hostage.
He testified that on Monday, September 13, 1971, following the retaking, he was ordered to strip. As he walked through a doorway, he was struck to the ground, wearing [**332] only a sweatshirt. He was then beaten with billy clubs, axe handles, and pick handles on his arms, legs, back, and neck. His clothing was taken, and he was [*553] forced to lie naked in the cold, wet mud. He testified that he was then identified as one of the "leaders" of the revolt and as a person who castrated a corrections officer. He was told he would be castrated and was taken to a table where he was forced to lie down. After ten minutes on the table, a corrections officer placed a football under his chin and told him if he moved he would be killed. (According to Smith, this was done because the guards believed he liked to play football). As he lay on the table, hot, spent shell casings and cigarette butts were dropped on him and he tried to flex his body without movement in an attempt to get the lighted cigarettes to roll off his body. A corrections officer continually prodded his genitals and they were struck numerous times during the five hours that he lay on the table. He believed that he would die because the pain intensified and became excruciating and the guards taunted him continuously. He felt violated and helpless.
He eventually was forced to get up from the table, but he [**333] fell because his legs had gone "dead" from hanging over the edge, motionless, for so long. He was then taken to run the gauntlet where he was beaten by 20 to 50 officers, all armed with batons or axe handles, on both sides of a corridor littered with broken glass. After running the gauntlet, he was moved from one location to another and was continually beaten or whipped. One of the blows to the left side of his head caused it to "split" and he passed out. He regained consciousness and found himself in a dark, empty room. Officers came in, forced him to lie spread eagle on the floor, and told him that he would be castrated. The guards also threatened him by playing Russian roulette using their weapons. He was terrified and "prayed for [my] life."
He was then placed on a stretcher, his open head wound was dressed by a medic who was a New York National Guardsman and who pleaded with the officers to stop beating Mr. Smith. He was taken to Housing Block Z via an elevator, where he was dumped on the floor and made to lie on his back with his feet up against the side of the elevator. Once at Housing Block Z he was placed in a cell without clothes or a blanket. While in the cell, a shotgun [**334] barrel was pointed at his head between his eyes and the trigger pulled. He was terrified. He claims that he began urinating blood but received no medical attention. He remained nude and without a blanket for at least two days.
Upon release from prison, he was haunted by the memories of Attica. He often found himself angry, and constantly experienced nightmares. He started using drugs as a response to the anger he felt. He went into drug rehabilitation in 1986 and has not used drugs or alcohol since that time. He became a born-again Christian and testified that he "can forgive, but . . . can't forget . . ." He testified that it was "more important to me than anything" to be given the opportunity to tell his story in Court and explain his role in the uprising, and what really happened at Attica. He did not cause any harm to any hostage but instead was given the responsibility to see to it that no harm would come to them. He feels that the families of the deceased guards and prison administration personnel should be compensated for their losses as well because "they got a bum deal."
He still experiences nightmares, flashbacks, pain in his head, and problems with his wrists. He experiences [**335] pain on occasion when urinating, and testified that sexual acts are very painful for him which has rendered him permanently disabled.

Claim of Gary Haynes
Gary Haynes has submitted a detailed written account of his claims and testified on May 30, 2000. He alleges that because of his shorthand and typing skills, he was pressed into service to transcribe the record of all negotiations between inmates and authorities during the riot. Due to his involvement, Mr. Haynes believes that he was singled out by the retaking forces for particularized treatment as a "leader" of the revolt.
He claims that, when the retaking [*554] began on the morning of September 13, 1971, he hid behind a table when the shooting started until an officer found him, kicked him in the ribs and told him to get up, leading him to A-Block Yard. The guards pushed him down the stairs leading into A-Yard. Once in A-Yard, he was told to strip and join a long line of naked inmates, snaking its way single-file across A-Yard toward A-Block Corridor. An officer identified him as "a leader" and he was taken out of the line and verbally threatened. He was then told to lie on his back on the ground with his knees bent [**336] up and a shotgun shell was placed on his right kneecap. He was told that if the shell fell from his knee, he would be killed. Haynes submitted a photograph (Exhibit # 4) in evidence showing him lying naked on the ground (near "Big Black") with a shotgun shell balanced on his knee. He remained in that position from morning until dusk, being subjected to officers spitting on him, throwing lit cigarettes on him, swearing at him and threatening to kill him.
Mr. Haynes testified that, after all of the other inmates had been removed from D-Yard, a corrections sergeant sodomized him with the barrel of a shotgun. Mr. Haynes was then handcuffed and foot-shackled and forced to run through A-Corridor over broken glass and was placed in Housing Block Z ("HBZ" or "The Box"), where the "leaders" were being housed. On the way to Z-Block, he was forced to climb a stairway lined with guards holding rifles, plank boards, and night sticks and was struck in the chest, back, legs, arms, feet and head. Once he made it to the top of the stairs, he was kicked so hard in the stomach that he fell down the stairs and was again forced to run the gauntlet up the stairs.
He was then placed in a cell (with no [**337] mattress or water) and when he attempted to urinate, he discharged pure blood (with extreme pain). He informed a guard of his need for medical attention but received none for seven days.
Mr. Haynes claims that he has suffered permanent damage to his kidneys (with resulting complications), requiring over 60 hospital stays from September 13, 1971 to date. In 1990, he underwent hemodialysis and, in 1994, received a kidney transplant at the University Medical Center in Syracuse. He was hospitalized for 56 days and underwent four surgical procedures to correct his bladder function. He is currently taking prescription immuno-suppressants and steroids which he claims have caused him to have side effects and other maladies (including skin cancer, brittle bones, and torn muscles). He submitted evidence of various judgments against him for unpaid medical fees and related expenses totaling over $ 15,600.00.
Mr. Haynes submitted a medical record verifying the medical treatment he received on September 20, 1971. He also testified that his physician, Dr. Schrader, has informed him that the injuries he sustained at Attica have contributed to his current medical problems.

Claim of Charles [**338] L. Williams
Mr. Williams testified in support of his claim on May 31, 2000. He claims that on September 13, 1971, he was hit on the top of his head with a rifle butt, and was beaten on his back, shoulders and right leg while on the A-Yard steps. He was struck across the legs with a baseball bat and was forced to run the gauntlet. He did not receive medical attention for his injuries because none was available at the time. The blood vessels in his right leg were so severely damaged from the beatings that amputation below the knee was required in 1998. He also has problems with his shoulders and suffers from post traumatic stress disorder, alcohol abuse, nightmares, and flashbacks. He states that he has been disabled for ten years and has received Social Security Disability benefits. Mr. Williams' principal concern in giving his testimony was to "just let the truth be known" about what happened to the inmates on September 13, 1971. He states [*555] that, "no amount of money is going to pay me for what I went through."

Claim of James K. Moss
On June 19, 2000, Mr. James Moss testified that, on September 13, 1971, he was hit with shrapnel from gunfire and was beaten in both [**339] D-Yard and A-Yard. He testified that he was forced to lie face down in the mud in D-Yard and was beaten and kicked all over his body. He testified that both of his hands were broken with a pick axe handle, and that he did not receive medical care until he was transferred to Great Meadow Correctional Facility. As a result of the lack of immediate treatment, both of his hands are permanently and significantly deformed and he is disabled. He testified that he was terrorized in his cell and was afraid to seek medical attention. He claims to still suffer from severe post traumatic stress disorder. In summing up the ills of Attica, Mr. Moss told the Court that inmates "need to be educated" while in prison.

Claim of Nicholas Goyco Morales
Mr. Morales testified that he was on the catwalk when the shooting began and that he witnessed four or five inmates getting shot. He testified that he was shot just below the right knee, and as a result has restricted movement. He stated that when the troopers entered the yard, he saw a trooper tell an inmate not to move, and then fatally shoot that inmate. According to Morales, that inmate's body landed on him when he was shot. He testified [**340] that he laid on the ground for a long period of time before being taken on a stretcher to receive medical attention. He testified that when he was lifted on the stretcher a doctor kicked the injured limb which was hanging off the side of the stretcher "held together only by the skin." His post-injury medical treatment was extensive and involved complicated treatment for infection and gangrene. He state that, "I have only one good leg out of two."
In addition to suffering physically, Mr. Morales testified that he has also suffered emotionally, stating that "they killed me [that day]" and that "people came in like machines programmed to destroy life without regard."
Mr. Morales testified that in addition to being shot on September 13, 1971, he was also severely burned on September 9th, when he attempted to rescue a guard that he had locked in the tailor shop for the guard's own safety. When he realized the building was on fire, he went to rescue him, only to be burned in the attempt. He testified that the guard fortunately had been able to escape out a back entrance or window.
In summarizing his experience at Attica, Mr. Morales said that he has wrestled with the legacy of Attica, [**341] but that he "cannot find a way of healing." He succinctly testified that "there is no cure for this."

Claim of Jerome Samuel Rosenberg
Mr. Rosenberg testified in support of his claim on July 17, 2000 via teleconference call from Wende Correctional Facility infirmary. Mr. Rosenberg claims that he was in D-Yard on September 13, 1971 and that he was singled out as a "leader" by retaking forces for particularly brutal treatment due to his role as a member of the negotiating team. He alleges extensive physical injuries and acts of vicious torture. When he was in D-Yard, he received a gunshot wound to his left knee, burns to his eyes and skin from pepper gas, bruises and abrasions from severe beatings with clubs and kicks from State troopers.
In A-Yard, he received a fractured skull from a blow to his head with the butt of a Thompson sub-machine gun or semi-automatic weapon, rendering him dazed or unconscious. He also stated that every rib in his body was broken from blows of a gun butt and that his lungs collapsed. He also asserts that his right elbow was fractured in A-Yard and that his broken bones have never properly healed. When he ran the gauntlet, he was kicked in [**342] the stomach by a trooper, clumps of his hair were ripped [*556] from his head, and his feet were severely cut by the broken glass.
He claims that he was taken to Housing Block Z or "the Box", where he was viciously struck in the face with a heavy tire chain, resulting in damage to the optical nerve of his right eye, neck vertebra injuries, and severed trigeminal nerves. He claims that his left knee cap (which had previously been shot) was broken by a blow from a rifle butt. He claims that he received more beatings and was thrown down three flights of stairs by guards returning him from the infirmary on September 14, 1971. He was denied food, water, light, a mattress, bedding, heat, clothing, and any medical attention for nearly 48 hours and that he was subjected to constant death threats.
Mr. Rosenberg testified that he has suffered permanent injuries such as neurological damage, including a severed trigeminal facial nerve, which causes excruciating pain and requires constant pain medication. He claims that he has undergone five operations on his head to alleviate the pain, all to no avail, and that any further surgery would result in paralysis. He has permanent damage to the left half [**343] of his heart, which has resulted in several heart attacks and numerous angina episodes. He has also had congestive heart failure and edema. He asserts that he has had three major open-heart operations, as well as several heart catheterization and angioplasty procedures. He stated that, in 1986, he had a double by-pass operation during which he died on the operating table but was revived. He claims permanent damage to the optical nerve of his right eye and permanent scarring below the eye. He claims that he had twelve teeth knocked out, requiring bridgework and dentures. He claims to have ten deformed ribs and advanced sclerosis of the spine, as well as herniated discs. He asserts that he is in constant pain and must generally use a wheelchair. He said that he had collapsed lungs which resulted in his current emphysema and end-stage lung disease, which requires 24-hour use of oxygen. He has had a series of transient ischemic attacks and two strokes. He claims to have an inoperable aortic aneurysm which could burst at any time, causing instant death.
Mr. Rosenberg also claims to suffer from lasting emotional distress, including chronic post traumatic stress disorder, which causes hyperactivity [**344] and bouts of depression.

Claim of Bernard Stroble
Linda Borus brings this claim as the administrator of the Estate of Bernard Stroble, who died in 1982. Ms. Borus testified on July 18, 2000 that on September 13, 1971, while an inmate at Attica in D-Yard, Stroble was shot in the back near his spine, and in his hands during the retaking. He was carried into A-Yard by fellow inmates, where, after laying on the ground for hours, he was taken by stretcher to the prison hospital. He lay with 50 or so other prisoners along the wall of the hospital where he again had to wait for a doctor to examine him. Later, when taken back to a cell block, he was dumped off of his stretcher and beaten by a group of approximately six guards, including one who stuck him repeatedly with a screwdriver. He was put into a cell by himself and was threatened with death. The next morning he was taken to a hospital, where surgery was performed on his hands to try to remove bullets which had lodged in both wrists, and near his spine. Ms. Borus claims that her husband experienced physical and emotional pain until he died in 1982.

Claim of Akil al-Jundi (a/k/a Herbert Scott Dean)
Mr. [**345] Daniel Meyers of New York City files this claim on behalf of Akil Al-Jundi, who was present in D-Yard at Attica Correctional Facility on September 13, 1971. Mr. Al-Jundi, who died August 13, 1997, was one of the primary leaders of the Muslim inmates who guarded the hostages and kept them safe during the riot. Mr. [*557] Meyers claims that Mr. Al-Jundi was shot in the left hand by a .270 rifle while guarding the hostage circle. The damage to his hand was so serious that he could see through his hand. He was also hit by a bullet fragment under his right eye. He was forced to go down the A-Steps while being beaten, was forcibly stripped, made to crawl in the mud and beaten through the A-Gauntlet. He was then placed on a stretcher by National Guard medics and placed against a fence outside the hospital with about forty other wounded prisoners on stretchers.
While he was lying on the ground, he saw corrections officers torturing another Muslim leader, James Richey, by using their rifles and sticks and jabbing them in Richey's abdominal gunshot wounds. To divert their attention, Al-Jundi sat up on his stretcher and began to chant. The officers turned on him, dumped him on the ground and beat him [**346] with clubs until he was re-housed in a cell in Housing Block Z. Still bleeding badly several hours later, he was finally transferred to the hospital where his hand was bandaged, and he was given stitches for a gash on his head, along with two aspirin. Two days later, he was allowed to see a surgeon with expertise in hand reconstruction. The surgeon performed sixteen major and sixteen minor operations to reconstruct the hand, including bone grafts, skin grafts and insertion of plastic implant over the hole. At the surgeon's order, he was transferred to Meyer Hospital on September 17, 1971, where he remained until December. Just before he was transferred to Meyer Memorial Hospital, corrections officers took Mr. Al-Jundi out of his cell, telling him that they were going to bury him alive. They took him to a remote area of the prison and put him in a big hole, telling him that "Allah would not help him." They kept him in the hole torturing him for a long time before finally taking him out and releasing him to outside hospital care.
Mr. Al-Jundi's face and left hand were permanently scarred by gunshot injuries. Use of his left hand was permanently impaired. He suffered flashbacks, nightmares, [**347] severe avoidance problems. Prior to his death on August 13, 1997, Mr. Al-Jundi acted as the lead plaintiff in the Attica case working to obtain damages for the inmates injured in the riot.

Claim of James Rufus Tatum
Mr. Robert Tatum, of Buffalo, New York files this claim on behalf of his deceased brother, James Rufus Tatum, who was an inmate in D-Yard at Attica on September 13, 1971. He claims his brother was shot in the head during the retaking and spent several months recovering in Erie County Medical Center. He claims that as a result of the head wound his late brother suffered from seizures until his death on September 11, 1988.

Claim of Angel Vazguez Villanueva
Mr. Villanueva, age 60, of Hatillo, Puerto Rico, was an inmate at Attica, in D-Yard, on September 13, 1971. He supplemented his written claim in telephone conversations on July 17, 2000 and August 17, 2000. Because he resides in Puerto Rico and has limited financial resources, he chose to have the Court rely upon his written claim form supplemented by information supplied in his telephone interviews.
On September 13, 1971, he was standing by B-Block corner in D-Yard when suddenly State troopers, [**348] wearing gas masks with rifles, entered the Yard. He was shot four times in his left leg and thrown to the ground. When on the ground, he was shot again in his right leg. He was unable to identify who shot him because they were wearing gas masks. He laid on the ground for a while and then he was taken to the prison hospital where he was given a blood transfusion in the hallway and some medication. He remained in the prison hospital for three to four days and then was transferred to Meyer Memorial Hospital in Buffalo where he remained for [*558] four months. He received operations to his left leg to repair veins and arteries. Bones were fractured by the gunshot wound and his leg was placed in a cast. He was in a body cast from his waist to the bottom of his legs for about a month. He still has no feeling in the right leg and he walks with great difficulty and pain. He is only capable of sleeping two to three hours at night because he is haunted by nightmares of the event. He claims to suffer from lasting emotional distress and suffered a nervous breakdown. He still is under doctor's care for pain and emotional distress. He can only work odd jobs because of his disability.

Claim of [**349] Willie James Sullivan
Willie James Sullivan a/k/a Shareef B. Thabit, age 58, of Ft. Myers, Florida testified in support of his claim on June 28, 2000. On September 13, 1971, he was a member of the security team which protected negotiators who entered D-block. He also maintained a part of a security perimeter surrounding the hostages in the center of D-Yard. The helicopter came over and dropped gas and he heard shooting from the helicopter. He was shot in his back (right scapula) and lay on the ground in the mud. A trooper came along and ordered him to stand up with his hands over his head. Because of the wound, he was unable to raise his hand to his head. A trooper ordered him to remove a football helmet that he was wearing for protection, and proceeded to kick the helmet off of his head, leaving a permanent scar on his left forehead. He was one of the last wounded to be removed from D-Yard to the infirmary and it was not until later in the afternoon of September 13, 1971 that he was eventually taken by ambulance to Meyer Memorial Hospital in Buffalo, New York. A corrections officer escorted him and told him, "Nigger, we're going to open the door on this ambulance and dump you [**350] into the road when we get over the top of the hill so that a truck can run over you." The ambulance then stopped, and the officer opened the back doors. Mr. Sullivan testified that he prayed they would not dump him onto the road and that the ambulance did eventually resume toward Buffalo. He testified, "I thought I was going to die but God saved me." Two bullet fragments were removed at the hospital, and it was determined that the bullet was fired from a .270 caliber weapon. He developed an infection in the wound requiring a graft. The first graft was rejected and a second graft was placed on the wound site. The second graft took place on October 5, 1971. Pictures introduced which were recently taken reveal a large wound site in the right back, upper quarter. "The wound healed itself," Mr. Sullivan testified. He is unable to raise his right arm to full extension and is permanently disabled from the injury.

Claim of Edward Kowalczyk
Mr. Kowalczyk testified at the Batavia Federal Detention Facility in Batavia, New York on August 2, 2000. He is currently incarcerated at Southport Correctional Facility, and was an inmate at Attica and claims to have received multiple gunshot [**351] wounds on September 13, 1971. He received a gunshot wound to the left side of his head near his temple which lodged behind his left ear and was later surgically removed. He claims to have sustained multiple gunshot wounds to the chest, two of which resulted from bullets which went through his chest and lodged in the upper left and right back areas, and were also later removed. He was also shot in the right leg below the knee and again in his genital area. He also sustained a bullet fragment in his right wrist. In total, he claims to have undergone surgery at least four times for removal of bullets/bullet fragments. Mr. Kowalczyk has submitted medical records from Meyer Memorial Hospital showing that he was admitted on September 13, 1971 with gunshot wounds in the chest, abdomen, back, and base of the penis. The records reflect that he underwent surgery on September 18, 1971 and October 20, 1971 for removal of the bullets from his back. [*559]
As he lay waiting for hours for transportation to an outside hospital, he was struck by a corrections officer on the left side of his head with a club. He feels that the delay in receiving medical treatment caused many inmates to bleed to death. Today, [**352] he suffers from insonmia and nightmares.

Claim of Alfred D. Plummer
Alfred D. Plummer currently incarcerated at Clinton Correctional Facility, testified at the Batavia Federal Detention Facility in Batavia, New York on August 2, 2000. He was present in D-Yard at Attica on September 13, 1971 and initially sustained a gunshot wound to his abdomen in the corridor between D-Block and A-Yard. He was also shot in his leg. A trooper ordered him to get up and walk out into A-Yard but he was unable to do so. The trooper assumed that he was unwilling to respond to his command when, in fact, he was incapable of walking. The trooper then shot him in the head with a handgun. Two troopers dragged him into A-Yard and, as he was bouncing down the steps into A-Yard, he regained consciousness. Each trooper had one of his arms and they were dragging him down the steps. He was then taken back to D-Block where one of the doctors - Dr. Williams kicked him and said "who's this?" The troopers responded, "that's Plummer" and they kicked him. He next regained consciousness in the morgue. He was placed there and given up for dead. The National Guard medics were examining each of the bodies in [**353] the morgue and found that he and two other prisoners were still alive. He was then taken to Meyer Memorial Hospital where he underwent extensive surgery for repair to his abdomen and spine. He underwent a colostomy for damage to his intestines. He underwent separate surgery for the removal of the bullet in his brain. The procedure was described as a left occipital craniotomy which was done on September 13th. Subsequent surgeries were performed for the removal of the colostomy and for the insertion of a metal plate in his skull to cover the bullet wound damage to the skull.
He has suffered loss of peripheral vision in his right eye and has developed epilepsy from the brain damage and is taking Dilantin daily. All these injuries were imposed upon him without any provocation on his part. He continues to have recurring nightmares and of "being shot in the head at point blank range."

Claim of Chris Reed (a/k/a Oji Reed)
Mr. Reed, of Renssalaer, New York, provided testimony on July 25, 2000 in support of his claim. Mr. Reed was present in D-Yard on September 13, 1971 and was 21 years old at that time. He received four gunshot wounds to his lower left leg. He testified that [**354] a bullet in his left thigh "exploded and took out a big chunk" of his leg. Medical records confirm that he "sustained [a] high velocity wound of the proximal left tibia and fibula with large soft tissue loss." He testified that he was also shot once in the right foot. While in D-Yard, after Mr. Reed had been shot, troopers debated in front of him whether to kill him or let him bleed to death. Some troopers jammed their rifle butts into his injured legs and dumped lime onto Mr. Reed's face and injured legs. Eventually, he became unconscious and was moved to where the dead inmates were kept. He testified that, when he awoke, he was "stacked up with the dead bodies". He was handcuffed behind his back with plastic cuffs. The lime in his face and eyes burned so badly that he tried to rub his face in the bloody mud puddles where he was lying. He was eventually placed on a stretcher where law enforcement officials jerked on his wounded left leg. He passed out again from the pain.
Subsequently a cast was placed on his leg which only aggravated the injury. The cast was removed at Attica. Mr. Reed testified that he awoke to the pain of having the cast cut off. He testified that he could feel [**355] the instrument cutting into his [*560] leg and that he screamed in agony but was told to "shut up". He still has scars on his upper thigh from the cuts.
His left leg was amputated at the knee on September 16, 1971, at Meyer Memorial Hospital after his leg became gangrenous due to the inadequate medical care he received at Attica. To complicate matters, Mr. Reed testified that his mother was told by the authorities that he was dead and was called to the hospital to identify the body. He testified that, when she arrived and saw him move, she immediately had a heart attack. Two additional surgeries were later performed to close the stump on Mr. Reed's amputated left leg. He testified that he has suffered many problems with the prosthetic devices he has used over the past 28 years. Medical records do reflect that his leg amputation has caused several side effects, including chronic painful ulceration in the back of his left knee area and back pain.
Mr. Reed continues to suffer from severe emotional distress, although he has commendably moved on with his life to graduate from college, marry, raise two sons, and currently work as a tax auditor for the State of New York.

Claim of Eric [**356] Thompson (a/k/a Cleveland Jomo Davis)
Mr. Davis, who is currently incarcerated at Deerfield Correctional Center in Capron, Virginia, claims that he was an inmate at Attica on September 13, 1971, and was present in D-Yard. When the shooting began, Mr. Davis was struck on his upper left arm with a shotgun bullet which "ripped open the inside of my left arm". A fellow inmate carried Mr. Davis into D-Corridor, where he remained until the troopers entered the yard. While in the corridor, and after having already been shot in his arm, Davis was shot six more times in his neck and back by a corrections officer who shouted "die nigger, die." He was then ordered to crawl to A-Yard and was kicked repeatedly because he was unable to crawl "fast enough". He was stripped and dragged to A-Block where he fell unconscious.
When he regained consciousness, Mr. Davis heard a National Guardsman pleading with a prison doctor to give Davis medical attention. The doctor however said that there was nothing wrong with Davis and that he should be put back in his cell. After spending a night in a cell, he was taken to a hospital room where the same doctor refused to treat him. Another doctor, however, [**357] finally treated Mr. Davis's arm, but his neck and back wounds remained untreated. Mr. Davis has supplied medical records indicating his various bullet wounds, and states that "00" buckshot, .270 bullets, and bullets from mid to high-caliber pistols were taken from his body. He was given little or no pain medication while in the hospital, even while undergoing skin graft operations, in which skin from his leg was removed and grafted onto his chest and arms. He was then only given aspirin for his pain.
Although Mr. Davis had lost significant amounts of blood from the wounds and surgery, he was not given a transfusion until after the surgery, when he was transferred to a non-prison hospital. He was then given three units of what turned out to be the wrong blood type, causing further adverse reactions. He was returned to Attica where he was housed in the Special Housing Unit and was denied further medical care.
Many of the bullets in Mr. Davis's body were never removed because they are lodged near his spine and kidney, and removal would require high risk surgery. A benign growth has been discovered in his lung, which he attributes to scar tissue from a gunshot wound. He continues to [**358] feel pain in his left arm and torso. He has limited range of motion in his left arm and has nerve damage resulting from the skin grafts. He stated that he can feel bullets that remain lodged in his left arm. He suffers severe emotional distress including flashbacks, nightmares, and post traumatic stress disorder. He witnessed an inmate [*561] being shot to death during the retaking and feels guilt about surviving while others died.
APPENDIX II
CATEGORY V - DEATH CLAIMS

Each Death Claim is awarded $ 25,000 except for William McKinney who is awarded $ 27,000

1. Allen, William

2. Barnes, John

3. Barkley, Elliott James

4. Buggs, Frankie a.k.a. Melvin Ware

5. Davis, Bernard

6. Durham, Allen

7. Hicks, Thomas

8. Johnson, Emanuel

9. Lundy, Charles Avery

10. Mack, Freddie Lee a.k.a. James Robinson

11. Martin, Geddell

12. McKinney, William

13. McNeil, Lorenzo

14. Melville, Samuel

15. Menyweather, Milton III

16. Prescott, Carlos J. Garcia

17. Rivera, Ramon

18. Santos, Santiago

19. Vasquez, Rafael

20. Williams, Alfred Leonard
SYNOPSIS OF EACH DEATH CLAIM

William Allen - [**359] Date of Birth: 4/15/50
Mr. Allen was serving a maximum sentence of four years for Manslaughter 2nd Degree with a release date in 1972. He was 19 years old at the time of his arrest. He was a cook before he went to prison. He died on September 13, 1971, at age 21, from gunshot wounds from a 38 caliber handgun and a shotgun with .00 buckshot while in D-Yard. Records indicate that he was married.

John Barnes - Date of Birth: 4/20/48
Mr. Barnes was serving a five year sentence for Attempted Robbery 3rd Degree with a release date in 1973. He was 19 years old at the time of his arrest. He was a student before going to prison. He died on September 13, 1971, at age 23, from gunshot wounds in the back. Records indicate that he was not married.

Elliot J. Barkley - Date of Birth: 3/1/50
Mr. Barkley was serving a four year sentence for Forgery with a release date in 1972. He was 18 years old at the time of his arrest. He was training as a laboratory technician before he went to prison. He died on September 13, 1971, at age 21, from gunshot wounds in the back by a tumbling .270 caliber slug. Records do not indicate his marital status, but his son, Shawn Keith Jacque, [**360] is listed as his legal representative.

Frankie Buggs (a/k/a Melvin Ware) - Date of Birth: 12/16/41
Mr. Buggs was serving a five year sentence for Robbery 3rd Degree with a release date in 1974. He was 28 years old at the time of his arrest. He was a steel worker before he went to prison. He died on September 13, 1971, at age 29, as a result of being shot on the catwalk. He sustained several wounds from .270 caliber bullets and .00 buckshot. Records indicate that he was not married.

Bernard Davis - Date of Birth: 4/7/50
Mr. Davis was serving a seven year sentence for Robbery 2nd Degree with a release date in 1957. He was 20 years old at the time of his arrest. He died on September 13, 1971, at age 21, as a result of gunshot wounds to his chest, left hip, and left thigh. He received these gunshot wounds from .00 buckshot while he was behind a barricade. Records indicate that he was not married.

Allen Durham - Date of Birth: 10/11/50
Mr. Durham was serving a twenty year sentence for Murder 2nd Degree with a release date in 1984. He was 17 years old at the time of his arrest. He worked for an organization called "Youth In Action" before he [**361] went to prison. He died on September 13, 1971 in the prison infirmary, at age 20 years, after receiving multiple gunshot wounds from a shotgun. Records indicate that he was not married. [*562]

Thomas Hicks - Date of Birth: 5/21/40
Mr. Hicks was serving a seven year sentence for Robbery 2nd Degree with a release date in 1975. He was 28 years old at the time of his arrest. He worked as a salesman before he went to prison. He died on September 13, 1971, at the age of 30, from internal hemorrhage as a result of being shot with a shotgun and a .270 bullet from a rifle in D-Yard near the hostage circle. Records indicate that he was married.

Emanuel Johnson - Date of Birth: 1/12/38
Mr. Johnson was serving a sentence of five to eight years for Robbery 3rd Degree. He would have been conditionally released in 1972. He was 29 years old at the time of his arrest. He was an interior decorator before he went to prison. He died on September 13, 1971, at the age of 33, from a gunshot wound to the right side of his head. Records indicate that he was not married.

Charles Avery Lundy - Date of Birth: 8/26/41
Mr. Lundy was serving a fifteen year sentence for Attempted [**362] Murder with a release date in 1983. He was 27 years old at the time of his arrest. He worked as a physical education instructor before he went to prison. He died on September 13, 1971, at age 30, when he was struck by a .270 bullet in his right upper chest. Records indicate that he was married.

Freddie Lee Mack (a/k/a James Robinson) - Date of Birth: 4/9/46
Mr. Mack was serving a life sentence for Murder 1st Degree. He was 22 years old at the time of his arrest. He worked as a stock clerk before he went to prison. He died on September 13, 1971, at the age of 25, as a result of gunshot wounds. Records indicate that he was not married.

Gedell Martin - Date of Birth: 6/19/35
Mr. Martin was serving a four year sentence for Attempted Possession of a Dangerous Weapon. He was 35 years old at the time of his arrest. He was a house demolitioner before he went to prison. He died on September 13, 1971, at age 36, as a result of gunshot wounds. Records indicate that he was married.

William McKinney - Date of Birth: 12/10/39
Mr. McKinney was serving a twenty year sentence for Manslaughter 1st Degree with a conditional release date in 1981. He was [**363] 31 years old at the time of his arrest. He was a truck driver with a drug problem before he went to prison. He died on September 15, 1971, at age 32, while being admitted to Meyer Memorial Hospital. He died of complications from multiple gunshot wounds to his stomach. Records indicate that he was not married. Because he lived two days beyond September 13, 1971, his estate is awarded an additional $ 2,000 for a total of $ 27,000.

Lorenzo McNeil - Date of Birth: 9/8/41
Mr. McNeil was serving a sentence from five to seven years for Robbery 3rd Degree with a conditional release in 1969. He was a machine operator before he went to prison. He died on September 13, 1971, at age 29, from a gunshot wound to his head. Records indicate that he was not married.

Samuel Melville - Date of Birth: 10/14/35
Josh Melville, son of Samuel Melville and his appointed legal representative, testified on August 7, 2000 in support of his claim for the death of his father. He spoke eloquently on behalf of his father and introduced a series of exhibits consisting of pictures, a forensic ballistic report, and photos of his deceased father in support of his position that his father [**364] was intentionally killed by a New York State trooper. The proof indicated that Samuel Melville died instantly from gunshot wounds. Josh Melville emphasized that his father stood up for injustice, protected the hostages, and was targeted for assassination. "It was like shooting fish in a barrel." In a prepared statement (similar to the one attached to his claim), he emphasized [*563] that his father was a plumbing design engineer prior to his incarceration, was making $ 12,000 a year in 1965, and was serving a seven to fourteen year sentence for Arson 3rd Degree. His father was active in the civil rights movement, and opposed the United States' policy in Viet Nam. His father would have been 45 years old when released from prison had he lived and because of his death, he has been denied his father's nurturing through the years. He plans to establish an educational fund with the amount of any award given by the Court. He also urged the Court to give special consideration in determining the amount of the award based on his father's position opposing U.S. policy in Viet Nam and "the unmitigated waste of American lives." He felt that his father's life had special value for which he should be compensated. [**365] Josh Melville was nine years old when his father passed away. His father and mother were divorced. Samuel Melville was approximately 34 years old at the time of his arrest.

Milton Menyweather III - Date of Birth: 7/4/46
Mr. Menyweather was serving a sentence from three to five years for Arson as a result of a domestic dispute. In a telephone interview with the claimant, Millicent D. Williams, sister of the deceased, she indicates that he assisted his father in the family dry cleaning business before he went to prison. He died on September 13, 1971, at age 25, from wounds to his back and chest and right lung as a result of .270 bullet fired from a rifle. He died on the A-Catwalk on the morning of September 13, 1971. Source: McKay Report, Appendix D. Records indicate that he was not married. The claimant, Millicent D. Williams, is the sole heir and is entitled to make the claim on behalf of the estate of Milton Menyweather III.

Carlos Prescott (a/k/a Carlos Garcia) - Date of Birth: 12/19/48
Mr. Prescott was serving a life sentence for Murder 1st Degree. He was 22 years old at the time of his arrest. He was employed as a mechanic before he went to prison. [**366] He died on September 13, 1971, at age 22, from internal hemorrhage as a result of gunshot wounds from .00 buckshot. Records indicate that he died on the A-Catwalk on the morning of September 13, 1971. Source: McKay Report, Appendix D. Records indicate that he was not married.

Ramon Rivera - Date of Birth: 12/1/33
Mr. Rivera was a parole violator with a maximum release date of November 21, 1972. He was 35 years old at the time of his arrest. He worked as a "handyman" before he went to prison. He died on September 13, 1971, at age 38, after he was shot in the wrist and thigh in a tunnel in D-Yard, and bled to death. Records indicate that he was not legally married, but has five children.

Claim of Santiago Santos - Date of Birth: 9/5/42
Mr. Santos was serving a four year sentence for Burglary 3rd Degree with a release date in 1972. He was 27 years old at the time of his arrest. He was a clerk before he went to prison. He died on September 13, 1971, at age 28, from internal hemorrhage due to a .270 rifle and shotgun wound to his chest and right lower leg while his hands were over his head in D-Yard. Records indicate that he was married.

Rafael [**367] Vasquez - Date of Birth: 10/3/40
Mr. Vasquez was serving a three year sentence for attempted Assault 2nd Degree with a release date in 1973. He was 30 years old at the time of his arrest. He worked as a packer before he went to prison. He died on September 13, 1971, at age 30, from a gunshot wound. Records indicate that he was not married.

Alfred Leonard Williams - Date of Birth: 6/20/41
Mr. Williams was serving a twenty year sentence for Manslaughter 1st Degree. He was 28 years old at the time of his [*564] arrest. He worked as a clerk before he went to prison. In a telephone interview with claimant, Helen McDaniel, who was the wife of Alfred Leonard Williams, she stated that Mr. Williams was about 30 years old and was in good health at the time of his death on September 13, 1971. He died as a result of being shot with a .00 buckshot from a shotgun. They were married in 1963 and had one child who is now an adult. Mr. Williams was a postal employee when he committed his first crime in 1968 at which time he became a fugitive. Upon his return, he committed another crime and was sentenced to a twelve-year term of incarceration with unconditional release. He began serving [**368] his sentence in October of 1970. Release date unknown.
APPENDIX III
DISALLOWED OR WITHDRAWN CLAIMS

Claims were disallowed if claimant was not an Attica inmate in D-Yard on September 13, 1971. Claims filed after July 7, 2000 (the cutoff date), without valid explanation, were also disallowed. Withdrawn claims were voluntarily withdrawn.

1. Barbarisi, Frank
2. Benjamin, George
3. Boalds, Osborne
4. Bradwell, Joseph
5. Brink, Vincent
6. Collins, Ronnie
7. Dandridge, Terry
8. DeGaglia, Anthony
9. Edwards, Sanford
10. Fuller, Willie E. Jr.
11. Gaines, Jacob
12. Grace, James Willie
13. Hanigan, Robert
14. Hannah, Alton
15. Hill, John Boncore
16. Hines, Morris
17. Hitchens, Gene - (also see Appendix IV)
18. Hoblin, Charles a.k.a. Charles Pernasilice
19. Jackson, William Dale
20. Jones, Harold
21. Keesey, Steven Ray
22. Lang, Richard
23. Maher, Richard John
24. Majer, Walter
25. Marcelin, Harvey
26. McDuffee, Jack
27. Miller, Alfred
28. Muntaqim, Yaha a.k.a. Johnnie Roballo
29. Nemley, Thomas
30. Nicholson, James W. (also see Appendix IV)
31. Pauley, Edward
32. Reynolds, Charles Lee
33. Rucker, Calvin
34. Sampson, Johnnie Lee
35. Schnebly, [**369] David
36. Scott, Anthony
37. Smith, Michael Warner
38. Thomas, Curtis Jr.
39. Tilley, Charles
40. Woods, Robert Ferman
41. Wright, Leon
APPENDIX IV
CORROBORATING TESTIMONY

Michael Smith
A number of former Muslim inmates testified that they had been singled out for "special" brutal treatment by troopers and corrections officers because they had played an active role in protecting the hostages during the four days before the retaking. Because a number of militant inmates were prepared to do harm to the hostages, Frank "Black" Smith, in conjunction with the Muslim leadership, implemented a plan to secure the safety of the hostages during negotiations.
This view was corroborated by Michael Smith, age 51, a former corrections officer who was a hostage up to September 13, 1971. He testified that he was taken hostage on September 9, 1971 by a group of inmates who were out of control. He described them as a "wave of human emotion." He was in charge of the sheet metal shop and developed a good rapport with the inmates who worked under him and they protected him from the militant group. But eventually he came under the control of the take-over group and found himself [**370] in the center of D-Yard with other hostages. One of the inmates proved to be his life saver. The inmate was Don Noble whom he had befriended and who worked in the sheet metal shop. Noble protected [*565] him on September 9, 1971 and would later save his life on September 13, 1971.
Mr. Smith was interviewed by the media while being held hostage along with Corrections Officer Cunningham. He conveyed what the inmates' demands were for improved conditions and reported that he was not being harmed. He was blindfolded most of the time. Upon receiving news of Corrections Officer Quinn's death, the negotiation process broke down and a different "mood" set in.
On Sunday night, September 12, 1971, the feeling was "somber." He got a pen and wrote a good-bye note to his wife and family on dollar bills which were in his wallet. He testified that the hostages sat in a circle and leaned up against each other for support.
On Monday, September 13, 1971, he was selected, along with a few other hostages to be taken up on the A-Yard catwalk and a hostage execution was arranged. He was taken to the top of the catwalk by three inmates and sat on a chair blindfolded. Inmate Don Noble was on his left and held [**371] a knife to his throat. As the Army helicopter hovered over them and dropped tear gas, the shooting started and the inmate on his right was shot twice and blown over the railing of the catwalk. Don Noble pulled him to his left and the inmate immediately behind him received a fatal volley of gunfire. Noble was shot and Michael Smith was shot four times in the stomach and once in the arm. The chair on which he had been sitting disintegrated from gunshots. Mr. Smith told the Court, "I don't know how long the shooting went on. You could hear people crying, people dying, and people screaming."
He never lost consciousness as he laid on the catwalk until a trooper stood over him pointing a shotgun at his head. He was certain that he was going to be killed. A corrections officer saw what was going on and yelled to the trooper, "he is one of us" and then the trooper focused his attention on Don Noble who was still alive. Michael Smith yelled to the trooper, "he saved my life" and the trooper spared Noble.
He was eventually taken by National Guard medics to St. Jerome's Hospital in Batavia for an extensive period of treatment involving multiple surgeries. He was eventually released from service [**372] as a corrections officer because of his physical inability to perform his duties. He commented on the inaccuracy of the McKay Report which claimed that he had been merely knocked unconscious - no mention of his extensive gunshot wounds nor how they were obtained. He openly stated that his life was saved while he was held hostage because of the dedicated efforts of the Muslim group at Attica. "In fact, I can recall hearing one of the Muslim leaders instructing one of their men that if anyone tries to break through their [Muslim] perimeter to kill them or die protecting the hostages."
I found Mr. Smith to be totally credible and he corroborated testimony given by the former Muslim inmates who claimed they were given unwarranted "special treatment" because they were labeled as "leaders" when, in fact, they were protectors.

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK

AKIL AL-JUNDI, on behalf of himself and all others similarly situated, Plaintiffs, v. VINCENT MANCUSI, et al, Defendants.
75-CV-132
John Kabel of Swannanoa, North Carolina being duly sworn, deposes and says:
That he was an Emergency Medical Technician (EMT) from St. Jerome's Hospital, Batavia, [**373] New York and was present at Attica from September 9, 1971 through September 13, 1971. He, along with other ambulance personnel and medical technicians, provided emergency medical treatment for the injured on September 13, 1971, the date of the retaking. His orders were to give treatment first to wounded guards or troopers while wounded or injured inmates were left unattended. He had been advised the day before, Sunday, September 12th, that the retaking would take place on the morning of September 13th and was given orders on the priority of treatment and care. He was present in D-Yard on the morning of September 13, 1971 when tear gas was dropped by helicopter and the shooting started. He saw inmates being shot "all over the place." While treating a trooper for a gunshot wound in the leg, a black inmate lying on the ground nearby kept asking for assistance. He was told by another trooper to be quiet that "we are in charge now." The inmate persisted in asking for assistance and Mr. Kabel saw a trooper shoot him a number of times in the head with a handgun. He is unable to identify either the trooper or the inmate. Only after all the guards and other personnel received medical treatment, [**374] were they then permitted to treat wounded inmates. He saw inmate Frank Smith lying on a picnic table with a football under his chin. He saw a guard with a pistol pointed at Smith's head threatening to kill him if the football fell away. He saw guards dropping spitballs on Smith and taunting him with threats and racial slurs. He saw inmates going through the gauntlet receiving severe beatings on their way to their cells.
Inmates who had been shot and eventually died, either died instantly or lingered for hours unattended eventually bleeding to death.
John Kabel

Sworn to before me
this 16 day of
August, 2000
Rosalie B. Anderson
Notary Public
Commission expires
11-29-2004

James W. Nicholson
James Nicholson, age 60, of Medina, New York testified on June 21, 2000 and related events from his vantage point as an inmate in C-Block on the morning of September 13, 1971. Although he was injured on September 9, 1971, he was not qualified to share in the settlement since he is not a class member. (He was not in D-Yard on September 13, 1971.)
Prison records do not reflect that Mr. Nicholson was present in D-Yard. He also testified during the 1991 [**375] trial in this litigation, admitting that he was not present in the Yard on September 13, 1971. He was consistent in that view when he offered corroborating testimony in these proceedings. He does not share in the settlement proceeds and fully understands why. [*566]
His testimony is helpful because he was a former Sheriff's Deputy from Niagara County and saw many of his former fellow officers preparing themselves to take back the prison on the morning of September 13, 1971. He saw troopers climb to the roof of C-Block using ladders. Each was equipped with a 30 caliber rifle with telescopic lens. There were approximately a dozen of them and they were the sharpshooters assigned positions on top of C-Block. They had a clear shot at the hostages lined up on the catwalk of A-Block and elsewhere. He was very emotional in describing the shooting that took place and how "unnecessary it was." He had trained officers in riot control as a Sheriff's Deputy and was a former Marine MP and felt that there was no need to use bullets. Tear gas would have been sufficient to subdue the inmates.
After the shooting subsided, he had a clear view of the courtyard outside the infirmary and saw the inmates lying [**376] on stretchers waiting their turn for treatment. "It seemed like they laid there for hours" and, indeed, they did. His testimony corroborates the testimony of other witnesses concerning the length of time it took to receive medical treatment for those who were seriously injured.

Gene Hitchens
Gene Anthony Hitchens of Miami, Florida was a 22-year old inmate at Attica on September 13, 1971 whose claim was disallowed because he was not physically present in D-Yard on that date. He knew in advance of his testimony that he did not qualify to share in the settlement, yet, at his own expense, he traveled from Miami to testify. Although he was otherwise injured, he did not fit the definition set forth in the terms of the settlement requiring that claims could only be honored for those who were class members as defined in a previous Order of the Court in 1979 as those inmates who were present in D-Yard on September 13, 1971. But his testimony is otherwise relevant in explaining the individual tragedy that befell the inmates starting on September 9, 1971 through the retaking on September 13, 1971 and thereafter.
Mr. Hitchens was housed in cell block "C" and assigned to the hospital [**377] staff as a hospital worker and as the C-Block runner. As a hospital worker, he was responsible for the intake and discharge processing of inmates at the prison and for assisting the prison physician with the Monday through Friday sick call.
On September 9, 1971 at approximately 9:00 a.m., he was delivering unit mail to the A-Block side of what was commonly known to the inmate population as Times Square. As he was returning from a trip to the control center desk at A-Block, he was ordered held by one of the Times Square corrections officers on duty who was the first to see a large crowd running through the hallway. Almost halfway down the long breezeway leading to Times Square, he could see a large group of inmates running towards him and the corrections officers pulled him in front of them as they rushed through the Times Square gate and had it locked. It turns out he was the only inmate with three corrections officers who made it past the Times Square checkpoint seconds before the large crowd of inmates arrived.
He saw the officers assigned to Times Square being rushed and they were all being overcome by a large number of inmates who were dressed in athletic gear carrying baseball [**378] bats and brandishing other menacing objects. In that instant, he was no longer the trusted messenger who carried confidential information for Attica personnel. Nor was he remembered as the trusted hospital worker assisting inmates and physicians at sick call. In that instant, like so many others, he became a target for hatred and abuse. He was struck over his shoulder and back by corrections officers with a club and dragged to a cell in C-Block. Confused, he kept asking the officer, "What did I do? Why are you treating me this way?" [*567]
From his cell he was able to look directly into D-Yard. He was pulled from his cell on a number of occasions and was told that he would be punished severely for Officer Quinn's death because "you were in the exact location of his post when all the shit started." He was also accused of carrying messages and helping the coordination of the inmate uprising and for the plans of escape and movement by the inmates. He was threatened with severe punishment in solitary confinement if he did not confess to his role to alert the rest of the prison to the time and date of the uprising.
When the retaking was ordered on September 13, 1971, two corrections officers [**379] arrived at his cell, slammed his face against the window bars, and ordered him to watch "and see what happens to fucking convicts who didn't obey the rules and try to run something." He saw some of the inmates being shot in spite of the fact that they were waving their hands high in the air and begging that their lives be spared. From his cell, he was forced to watch it all unfold in front of him, helpless. It is that memory that has tortured him all these years.
He had this to say during his testimony about Officer Quinn - who eventually died from head wounds inflicted by inmates who struck him on the head on September 9, 1971.


And I want to say if anybody associated with Officer Quinn is in this courtroom, I am so terribly sorry that that man lost his life.

I've never been in a position to tell that, to say that to anybody that it would have made a difference to.

But that man looked after me. He looked after me and I felt safe because of him, and I guess I was able to hold on to my humanity because of his concern for me.
Mr. Hitchens was an impressive witness. He is currently an associate in a program sponsored by the Kellogg Foundation in Miami, Florida as [**380] an outreach program to help children from diverse backgrounds take a positive path with their lives. Mr. Hitchens accepted the fact that he could not share in the settlement fund but wanted the opportunity to testify to state publicly his relationship with Officer Quinn and how unnecessary the suffering and carnage was. His testimony gave much insight to this Court in describing the atmosphere of the period from the start of the uprising on September 9th through the retaking on September 13th and highlighting the fact that there were many victims of the Attica episode - not only those who unfortunately were in D-Yard on September 13, 1971.


I'm leaving Attica here today, your Honor. This is where Attica ends for me. I'm not dragging it. I don't want to talk about it. I don't want to live it again.