SMITH v. COUNTY OF ALBANY


12 A.D.3d 912 (2004)

784 N.Y.S.2d 709

HOWARD SMITH, Respondent, v. COUNTY OF ALBANY et al., Appellants.

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

November 18, 2004.


Crew III, J.

On January 17, 2001, while an inmate at defendant Albany County Jail, plaintiff was injured when he intervened in an altercation between James Nelson, a member of the "Bloods" gang, and Walter Lindsay, another inmate. The altercation took place following a meeting between plaintiff and Nelson in the facility's law library. As a result of this incident, plaintiff sustained a 21- centimeter deep laceration to his left forearm that required 48 stitches to...

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