John Peana vs. Raymond Kincannon, M. Krueger, T. Piskor, and Lewis, Corrections Officers, New York State Department of Correctional Services, and John Doe, Corrections Sergeant, New York State Department of Correctional Services, in their individual capacities,10-CV-00117 (W.D.N.Y.)
This complaint alleged that on April 17, 2007, while he was in transit from Wende C. F. to Collins C.F., during a stop at Attica C.F., some of the defendants left the bus unsupervised, during which time several inmates harassed the plaintiff. When the defendants returned, the plaintiff told them that as a result of having left the bus unsupervised, his glasses had been broken and he had been harassed. The complaint further alleged that, in response, several of the defendants began to verbally harass the plaintiff and then physically assaulted him on the bus and in the draft room at Attica C.F. As a result of this assault, the plaintiff’s left arm was broken. Plaintiff was returned to the bus, and although he informed the defendants that he needed medical attention for his arm, he was not provided with medical care until he arrived at Collins C.F., approximately 2 hours later. Plaintiff sought damages for the injuries that he received during the assault. The parties engaged in settlement negotiations throughout the litigation and in the fourth quarter of 2011 settled the case for moentary damages for plaintiff.