NY Prisoner Denied Knee Brace Wins $1,200
NY Prisoner Denied Knee Brace Wins $1,200
Prevailing on one of his three claims, a New York state prisoner was awarded $1,200 damages after a Court of Claims trial found the state liable for not providing him with a needed knee brace. The court dismissed claimant's causes of action for the state's failure to provide him a knee sleeve and medical boots.
Eon Shepherd was confined at the Green Haven Correctional Facility when he was transferred to the Upstate Correctional Facility in August 2008. At the time of his transfer, Shepherd had a long history of documented problems with his right knee, for which he was prescribed a knee brace to stabilize his knee, and a sleeve to hold the brace tightly in place. Medical boots were also issued to Shepherd to help take the pressure off his knee. When he was transferred from Green Haven, Shepherd had valid medical permits for the knee brace and other equipment.
But when he arrived at Upstate, Shepherd was not allowed to possess or use any of this equipment for a period of nearly six months.
The court found that as far back as August 2008, within a week of his arrival at Upstate, Shepherd complained numerous times of knee pain, at which time it was noted by medical staff that a "knee stabilizer" was needed. Shepherd finally received his knee brace without the sleeve, in mid-September, but it was broken and he had to return it. A functional knee brace was not issued to Shepherd until February 20, 2009, five months after he turned his old one in for repairs.
The court concluded that the state offered no testimony or evidence why it withheld Shepherd's knee brace from him for an entire month after he arrived at Upstate, or why it took five months to repair the knee brace or provide a temporary replacement, and found it liable for Shepherd's pain and suffering.
The court found that throughout the period in which Shepherd was without his brace, his knee gave out frequently, causing him to fall.
"Given Claimant's long history of right knee problems and Defendant's documented knowledge of such problems, the Court concludes that Claimant has met his burden to demonstrate that Defendant breached Its duty by unreasonably denying him access to his knee brace."
Holding that knee sleeve was not medically required for reasons other than comfort, and the medical boots did not provide him a "significant" medical benefit, the court denied those claims.
Shepherd was, however, awarded $1,200 for past pain and suffering caused by the denial of the knee brace. Shepherd represented himself pro se at trial.
See: Shepherd v. State of New York (NY Court of Claims), No. 2012-048-521, Claim No. 117061-A (December 20, 2012).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Shepherd v. State of New York
| Year | 2012 |
|---|---|
| Cite | (NY Court of Claims), No. 2012-048-521, Claim No. 117061-A (December 20, 2012) |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Damages | 1,200.00 |