Lugo v. City of New York, 08 Civ. 02931 (JGK) (S.D.N.Y.)

Nature of Claims: Excessive force by jail staff. The complaint, filed in March 2008, alleges that in March 2007 Mr. Lugo was beaten at the North Infirmary Command after a captain told him to make his bed and he said “in a minute” so he could watch the end of a boxing round on television. He was taken to the jail receiving room, where he was beaten by the captain and three officers while handcuffed. He suffered a fractured orbital bone and a cut under his left eye and was taken by EMS to Elmhurst Hospital. (The staff members had injuries to their hands.) Reyes, who had no prior disciplinary history, was found guilty of assaulting staff and was sent to the punitive segregation area, where he remained until transferred to state prison. The Department of Correction's Investigation Division made a preliminary finding that the officers' reports were inconsistent with each other and with the physical evidence: Reyes had no injuries to his hands consistent with their account that Reyes had punched them in the face, and they had no injuries to their faces. But the final report found all staff had acted properly to restrain an assaultive inmate. The case was settled in November 2008 for $185,000.

Current status: Settled.

Reported decisions: None.