Federal case stayed until state case is finished

A federal lawsuit filed by a New York state prison inmate assaulted by guards in 2011 has been stayed until after the New York State Court of Claims holds a trial on a separate lawsuit to determine the amount of the damages to be awarded to the plaintiff.

Plaintiff George Williams, who is represented by New York City attorney Edward Sivin, filed both lawsuits over the attack that occurred on Aug. 9, 2011, when Williams was an inmate in the Attica Correctional Facility.

A trial on the Court of Claims case was held on May 20 and 21, and on Aug. 1, in 2019.

According to the Court of Claims decision reached Oct. 13 by Judge Renee Forgensi Minarik, corrections officers took Williams out of his cell to a separate room supposedly for a urinalysis.

Instead, Williams was punched and kicked by several corrections officers. Afterwards, he was pushed down a set of stairs.

The officers claimed that when he opened his pants for the urinalysis, a razor fell on the floor and when he bent down to retrieve it, Williams disobeyed an order from a guard to step away.

In response, an officer “pinned his arms and drove his face into the toilet,” according to Minarik’s decision.

The Department of Corrections and Community Supervision’s Office of Special Investigations “concluded that the CO’s description of events in the (unusual incident report filed by the guards) was not credible and the court concurs,” Minarik wrote in her decision.

“In addition to fabricating their story, (the OSI report) concluded that several officers attempted to destroy evidence from the incident,” according to Minarik’s decision.

One sergeant and three officers were criminally charged for the incident. One of the officers was granted immunity for his grand jury testimony and he was later exonerated of all charges.

The others were indicted on charges of first-degree gang assault, tampering with physical evidence, and official misconduct. The sergeant also was charged with two counts of offering a false instrument for filing.

All three pleaded guilty to official misconduct. One of the officers also pleaded guilty to removing a baton from state grounds. All three resigned from their jobs.

Jeremiah J. McCarthy issued an order Thursday that the case will be stayed pending a decision on the damages in the Court of Claims case.

A date has not been set for the Court of Claims trial to determine the amount of damages to be paid by the state.

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