Prisoner Awarded $750 in Excessive Force Case
Prisoner Awarded $750 in Excessive Force Case
A prisoner at the Elmira Correctional Facility in New York won a $750 verdict in his claim that he was assaulted by two guards.
Meshach Vallade filed suit in a New York Court of Claims, alleging that on May 11, 2006, he was subject to a "brutal and physical assault" while he was handcuffed and shackled. According to Vallade, the guards punched him with closed fists in the face and upper body, and kicked him in the legs and lower back, among other places. Vallade, an African-American, also claimed that one of the guards called him a racial epithet.
The guards presented a much different version of the events. They claim that while escorting him to the dentist, Vallade refused a direct order to "turn and face the wall." The guards claim that Vallade then turned "violently" towards them, and they reacted by placing him in a "bear hug" and taking him to the ground.
The court resolved the factual dispute by essentially finding that both sides were not telling the whole truth. Judge David A. Weinstein held that Vallade "greatly overstated" the force used against him, and that the guards had every reason to file reports that downplayed their role.
Judge Weinstein said that the guards offered no explanation for the order directing Vallade to face the wall, and that Vallade was no threat to the guards, even if he did refuse the order, because he was handcuffed and shackled.
Under New York law, the judge found the guards had no justification for using any force against Vallade, and even the "bear hug" that took Vallade to the ground constituted excessive force in this case.
The court held that Vallade suffered no "significant" injuries nor any emotional of psychological damages as a result of the Incident, and that his claim that one of the guards called him a "nigger" was also unfounded.
Finding that the guards had "other options" but to tackle Vallade, the court held that the State was liable for the use of excessive force and awarded Vallade $750, plus recovery of the filing fee.
See: Vallade v. The State of New York (NY Court of Claims) No. 2012-049-105, Claim No. 113598 (May 30, 2012).
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Related legal case
Vallade v. The State of New York
| Year | 2012 |
|---|---|
| Cite | (NY Court of Claims) No. 2012-049-105, Claim No. 113598 (May 30, 2012) |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Damages | 750.00 |