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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Aug 20, 2012

Pooler v. Nassau University Medical Center

Plaintiff Keith Pooler, an inmate, sued Nassau Health Care Corporation (NHCC), Dr. Bruce David, and Joseph Farhangian for deliberate indifference to his serious medical needs under 42 U.S.C. § 1983. Pooler alleged he was denied anxiety and sleeping disorder medication, leading to a severe anxiety attack and suicide attempt. Defendants sought summary judgment, arguing failure to exhaust administrative remedies and lack of deliberate indifference. The Court granted summary judgment for the defendants, citing Pooler's failure to exhaust remedies and finding no deliberate indifference. Consequently, federal claims were dismissed with prejudice, and state law claims without prejudice.

Prisoner Medical CareDeliberate IndifferenceEighth AmendmentSuicide AttemptMental Health ServicesSummary JudgmentExhaustion of Administrative RemediesPrison Litigation Reform Act42 U.S.C. Section 1983Pro Se Litigation
References
56
Case No. MISSING
Regular Panel Decision

Pardo v. Bialystoker Center & Bikur Cholim, Inc.

The plaintiff appealed two orders from the Supreme Court, New York County. The first order, dated September 12, 2002, and the second, dated February 27, 2003, had denied the plaintiff's motion for partial summary judgment on liability under Labor Law § 240 (1) and precluded him from asserting Labor Law claims at trial concerning the alleged failure of defendants to secure a scaffold with "tie-ins." The appellate court modified the lower court's orders, vacating the provisions that barred the plaintiff from offering evidence regarding the defendants' alleged failure to use tie-ins. The court affirmed the orders in all other respects. It emphasized that under Labor Law § 240 (1), a plaintiff only needs to demonstrate that injuries were partially attributable to the defendant's failure to implement statutorily mandated safety measures to protect against elevation-related risks. The court also clarified that contributory negligence is irrelevant in such cases. The plaintiff's belated request to plead a violation of Industrial Code § 23-5.8 (g) was denied due to an unequivocal waiver of his Labor Law § 241 (6) cause of action.

Labor LawScaffold SafetySummary JudgmentElevation HazardsProximate CauseContributory NegligenceTie-insWorkplace AccidentStatutory Safety MeasuresAppellate Decision
References
7
Case No. MISSING
Regular Panel Decision

McCloud v. Prack

Plaintiff Armond McCloud, an inmate, filed a pro se civil rights action under 42 U.S.C. § 1983 against five New York State Department of Corrections and Community Supervision (DOCCS) officials/employees. McCloud alleged constitutional violations in 2013 at Attica Correctional Facility, including being removed from protective custody, a deliberate failure to protect him from inmate assault, being sprayed with a fire hose, and a conspiracy to cover up the events through destruction of evidence. Defendants moved to dismiss the complaint, excepting the failure-to-protect claim against Bradt and Griffin. The court granted the motion in part, dismissing claims related to destruction of evidence, conspiracy, the fire hose incident (due to lack of alleged physical injury), and the failure-to-protect claim against Prack for lack of personal involvement. All official-capacity claims were also dismissed. Plaintiff's motion for sanctions was denied without prejudice.

Inmate RightsSection 1983 LitigationEighth Amendment ViolationFailure to ProtectExcessive ForcePrisoner AssaultSpoliation of EvidenceConspiracy ClaimMotion to DismissPro Se Plaintiff
References
28
Case No. MISSING
Regular Panel Decision

Peterson v. Barry, Bette & Led Duke, Inc.

The case involves a worker's fall through a roof, leading to a motion for summary judgment on liability by the plaintiff based on Labor Law § 240 (1). Defendants cross-moved for summary judgment on their 'recalcitrant worker' defense and for conditional indemnification against the third-party defendant, Wm. C. McCombs Company. The court addressed whether the facts supported the recalcitrant worker defense, which requires proof of a deliberate refusal to use available safety equipment. The court found a conspicuous lack of evidence for deliberate refusal, stating that unintentional failure or negligent omission would not support the defense against absolute liability under Labor Law § 240 (1). The court noted that workers were not expected to be tied on at all times and had to unhook for tasks. Therefore, the defendants failed to prove the crucial element of deliberate refusal, and their summary judgment motion on this defense was denied. The court granted partial summary judgment on liability for the plaintiff and granted defendants' motion for contractual indemnification from McCombs, determining McCombs was an agent by operation of law.

Labor Law § 240(1)Recalcitrant Worker DefenseSummary JudgmentAbsolute LiabilityConstruction AccidentFall from HeightSafety EquipmentDeliberate RefusalNegligent OmissionContractual Indemnification
References
36
Case No. MISSING
Regular Panel Decision
Oct 20, 2006

Laura I.M. v. Hillside Children's Center

The case concerns infant plaintiffs who were sexually abused by Sergey Reznikov, a patient at Hillside Children’s Center, during unaccompanied weekend home visits. Reznikov had a documented history of pedophilia, for which he was admitted to Hillside. Plaintiffs sued Hillside, asserting liability for negligent failure to exercise professional judgment in allowing these home visits without properly assessing supervision capabilities. The Supreme Court granted summary judgment on liability for the plaintiffs, a decision which the appellate court affirmed. The affirmation was based on Hillside's failure to discuss supervision with Reznikov's mother and a social worker's omission to inform a psychiatrist of critical information regarding Reznikov's contact with the victims.

negligenceprofessional judgmentchild sexual abusetreatment facility liabilitypedophiliasupervision failurehome visit policysummary judgmentappellate affirmancephysician-patient privilege
References
5
Case No. MISSING
Regular Panel Decision
Apr 12, 1990

Commissioners of State Insurance Fund v. Valenzano

The Commissioners of the State Insurance Fund initiated an action against Marcello Valenzano, doing business as ABC Contracting Co., for unpaid workers' compensation insurance premiums. The defendant failed to comply with discovery requests, leading to an order conditionally striking his answer and later, a default judgment. Defendant's pro se motion to vacate the default judgment, asserting non-receipt of documents and partial compliance, was denied by the IAS court. The court found service proper and noted the defendant's failure to demonstrate a meritorious defense. The appellate court affirmed the decision, finding the lower court acted within its discretion to strike the answer for willful failure to comply with discovery, considering the lack of reasonable excuse and meritorious defense.

Default JudgmentDiscovery SanctionsFailure to ComplyWorkers' Compensation InsuranceVacate JudgmentMeritorious DefenseService of ProcessAppellate ReviewCivil ProcedureSupreme Court
References
3
Case No. MISSING
Regular Panel Decision

Brown v. Sheridan

Plaintiff, an inmate, sued defendants Wayne Crosier and Randall Lodge under 42 U.S.C. § 1983 and state law negligence for alleged failure to treat a fractured fibula sustained during a use-of-force incident. Plaintiff claimed deliberate indifference to his serious medical needs and negligence in not discovering his injury earlier. The Court found plaintiff was uncooperative and belligerent, rebuffing medical staff, and that his injury was not immediately apparent. The Court concluded that neither defendant acted with deliberate indifference nor were negligent, as they lacked knowledge of the injury and took reasonable steps to monitor plaintiff's condition, ultimately dismissing the complaint.

InmatePrison medical careConstitutional rightsDeliberate indifferenceSection 1983NegligenceEighth AmendmentFourteenth AmendmentCorrectional officersMental health treatment
References
15
Case No. MISSING
Regular Panel Decision

Breland v. Abate

Plaintiff Vincent Breland sued various correctional officials and the City of New York under 42 U.S.C. § 1983 for injuries sustained from other inmates while in pretrial detention. Defendants moved for summary judgment, arguing the plaintiff could not prove deliberate indifference. The Court found that Breland failed to demonstrate more than mere negligence against the individual officers (Lawrence and Chavies) regarding their actions during the inmate altercation. Consequently, the derivative Monell claims against the City, based on the officers' alleged deliberate indifference and the City's purported failure to ensure inmate security, also failed. All federal claims were dismissed with prejudice, and the Court declined to exercise supplemental jurisdiction over the remaining state-law claims, dismissing them without prejudice.

Civil Rights42 U.S.C. § 1983Deliberate IndifferenceSummary JudgmentCorrectional FacilitiesInmate SafetyMonell ClaimMunicipal LiabilityState Law ClaimsSupplemental Jurisdiction
References
18
Case No. MISSING
Regular Panel Decision

Parris v. New York State Department Correctional Services

Antoine Parris, a pro se plaintiff, sued Commissioner Brian Fischer, Superintendent William Lee, and Deputy Superintendent Edward Burnett under 42 U.S.C. § 1983, alleging an Eighth Amendment violation for failure to protect him from a stabbing by another inmate and state law negligence claims. The defendants moved to dismiss for failure to state a claim and lack of exhaustion of administrative remedies. The court denied the motion to dismiss on exhaustion grounds due to ambiguity in the complaint. However, the court granted the motion to dismiss the federal claims, finding that Parris failed to allege sufficient facts to establish deliberate indifference by the defendants or their personal involvement in an Eighth Amendment violation. The plaintiff's state law claims were also dismissed for lack of subject matter jurisdiction, as New York Corrections Law § 24 provides immunity for DOCCS employees.

Prisoner RightsEighth Amendment ViolationDeliberate IndifferenceFailure to ProtectPrison Litigation Reform ActAdministrative ExhaustionSupervisory LiabilitySection 1983Motion to DismissPro Se Litigation
References
39
Case No. MISSING
Regular Panel Decision

Doyle v. Coombe

Earl Doyle, a former inmate at Elmira Correctional Facility, filed a lawsuit under 42 U.S.C. § 1983 against various employees of the New York State Department of Correctional Services (DOCS). He alleged that his Eighth Amendment rights were violated due to exposure to asbestos and a failure to provide necessary medical care during his incarceration from 1990 to 1992. Doyle claimed exposure occurred during his maintenance and plumbing duties, in asbestos abatement areas, and even within his cell. Defendants moved for summary judgment, arguing a lack of deliberate indifference and personal involvement. The court granted summary judgment for the defendants, partly invoking qualified immunity for claims concerning general asbestos exposure that predated 1993. While the court noted that forcing an inmate into clearly marked dangerous areas might not be covered by qualified immunity, it ultimately dismissed all claims due to a lack of personal involvement by named defendants in those specific allegations and insufficient evidence of deliberate indifference against Jerome Fitzpatrick. Additionally, Doyle's cross-motions for further discovery and to amend the complaint to identify the "John Doe" defendants were denied due to untimeliness and legal precedent regarding the relation-back doctrine.

Asbestos exposureEighth AmendmentCruel and unusual punishmentPrison conditionsDeliberate indifferenceQualified immunitySummary judgmentPersonal involvementJohn Doe defendantsLeave to amend
References
34
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