HARRIS v. CITY OF NEW YORK


28 A.D.3d 223 (2006)

812 N.Y.S.2d 78

DOUGLAS HARRIS, Appellant, et al., Plaintiff, v. CITY OF NEW YORK et al., Respondents.

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

April 4, 2006.


Plaintiff, housed at Rikers Island awaiting murder charges, testified that he did not know who the shooter was, had not had prior problems with other inmates, and was probably just a "victim of circumstances." He further testified that he had never heard of an inmate possessing a gun in the housing unit, and offered no evidence of inmate-on-inmate assaults occurring during the nighttime hours such as might have alerted defendants that their nighttime security practices were...

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