BUSH v. STATE


57 A.D.3d 1066 (2008)

868 N.Y.S.2d 393

DIEGO BUSH, Appellant, v. STATE OF NEW YORK, Respondent.

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

December 4, 2008.


Carpinello, J.

This action stems from a fight between claimant and Charles Cox while the two were residents of a state facility for youth. Claimant alleges that a facility staff member's use of excessive force in breaking up the fight caused injuries to his eye. Following a trial, the Court of Claims dismissed the claim finding no evidence of excessive force and no evidence that claimant's injury was actually caused by staff intervention in the fight. Claimant appeals...

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