Willie Davis v. A. Muccigrosso and Jeffrey Sweeney, Sergeants, New York State Department of Correctional Services, and Robert Herrick, D. Hogancamp, Shelley, and Thomas Mallare, Corrections Officers, NYS DOCS, Index No. 09-CV-00097 (W.D.N.Y.)
This case was filed in January 2009. It alleged that on March 3, 2006, the defendants assaulted Willie Davis in the mess hall corridor at Elmira Correctional Facility. As a result of the assault, Mr. Davis suffered a broken nose, fractured orbit, fractured thumb and possibly fractured rib. He also had a large laceration around one eye requiring 32 sutures to repair. His broken nose required surgical repair. His broken thumb required immobilization in a cast for six weeks. The defendants claimed the use of force was necessitated when Mr. Davis “came off the wall” during a pat frisk that ultimately revealed that Mr. Davis had a sharpened toothbrush in his pocket.
After extensive discovery and motion practice, the parties began settlement negotiations. In 2011, the parties executed a stipulation of settlement which was so-ordered by the court. Pursuant to the settlement, the plaintiff received monetary damages.