MORALES v. COUNTY OF WESTCHESTER


250 A.D.2d 580 (1998)

671 N.Y.S.2d 991

Edwin Morales, Respondent, v. County of Westchester, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 4, 1998


Ordered that the judgment is reversed, on the law, without costs or disbursements, and the complaint is dismissed.

The plaintiff's theory of the case is that he was struck by another inmate while sleeping in his bunk at the Westchester County Correctional Facility and that the appellant failed to adequately supervise the dormitory area where the plaintiff was asleep. Although corrections officials must exercise reasonable care to protect inmates from foreseeable risk...

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