Osorio v. City of New York, 06 Civ. 3862 (RWS) (S.D.N.Y.)

Nature of claims: Excessive force by jail staff. Mr. Osorio alleges that, while being escorted to the clinic in the Robert N. Davoren Center on Rikers Island, he was knocked down, dropped repeatedly on the floor, and after being handcuffed, was kneed repeatedly in the back, kneed in the face, and kicked all over his body, including his head and genitals, despite his lack of resistance, by a captain and two officers. At Elmhurst Hospital, he was found to have sustained a right maxillary fracture, right orbital fracture, contusion on top of his head, injury to his knees and right ankle, and linear marks and contusions on his body. He alleges that he was asked by correction staff first to sign a statement stating that he fell in his cell, and later, to sign a statement that another prisoner had inflicted his injuries. He refused both. The City did not contest Mr. Osorio’s allegations, instead settling the case before discovery commenced.

Current status: Settled.

Reported decisions: None.