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Plaintiff Wins $460,000 in Excessive Force Case
In an amended complaint filed July 21, 2008, New York Resident Rafael Weizmann filed suit pursuant to 42 U.S.C. §§ 1983 and 1988 against Suffolk County, New York, Suffolk County Police Department, Saint Charles Hospital and a number of police officers and medical personnel. The suit alleged excessive force was utilized against the 60-year-old Weizmann during an incident in which he was accused of soliciting an undercover police officer.
At one point during the course of the incident, officer Everett Wehr, Jr. forcibly slammed the handcuffed Plaintiff to the ground resulting in serious bodily injury to Weizmann. When Weizmann was initially taken to the hospital, medical personnel allegedly colluded with the officers to deny medical treatment until several hours later when he was re-examined and the extent of his injuries were documented to include six broken ribs, a broken collar bone and a punctured lung.
Saint Charles Hospital, and the medical personnel, reached a pre-trial settlement with Weizmann, who was represented by attorneys Earl S. Ward, Esq., of New York, and Rochelle S. Berliner, Esq., of Forest Hills. However, the suit against the County and two of the police officers went forward. As a result of that proceeding, a Jury found officer Wehr liable for excessive force and awarded Weizmann $188,000 in medical expenses, $250,000 for pain and suffering and $25,000 in punitive damages against Wehr.
See: Weizmann v. Suffolk County, U.S.D.C., E.D.-N.Y., Case No. 07-CV-5369 (LDW) (ETB).
At one point during the course of the incident, officer Everett Wehr, Jr. forcibly slammed the handcuffed Plaintiff to the ground resulting in serious bodily injury to Weizmann. When Weizmann was initially taken to the hospital, medical personnel allegedly colluded with the officers to deny medical treatment until several hours later when he was re-examined and the extent of his injuries were documented to include six broken ribs, a broken collar bone and a punctured lung.
Saint Charles Hospital, and the medical personnel, reached a pre-trial settlement with Weizmann, who was represented by attorneys Earl S. Ward, Esq., of New York, and Rochelle S. Berliner, Esq., of Forest Hills. However, the suit against the County and two of the police officers went forward. As a result of that proceeding, a Jury found officer Wehr liable for excessive force and awarded Weizmann $188,000 in medical expenses, $250,000 for pain and suffering and $25,000 in punitive damages against Wehr.
See: Weizmann v. Suffolk County, U.S.D.C., E.D.-N.Y., Case No. 07-CV-5369 (LDW) (ETB).
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Related legal case
Weizmann v. Suffolk County
| Year | 2008 |
|---|---|
| Cite | U.S.D.C., E.D.-N.Y., Case No. 07-CV-5369 (LDW) (ETB) |
| Level | District Court |
| Conclusion | Settlement |
| Damages | 460,000.00 |
| Injunction Status | N/A |