The Case of the Too-Tight Handcuffs
It’s unusual for inmates being transported from the Putnam Correctional Facility for court appearances to be handcuffed by corrections officers.
However, when one of those officers supposedly placed the shackles on too tight during a transport on June 4, 2010, resulting in what were described as “severe and permanent injuries” to the prisoner Kyle Heady’s hands, Heady filed a suit against the county.
Last week at the Legislature’s regular monthly meeting, the lawmakers voted 8-1 to settle the suit for $17,500.
County Attorney Jennifer Bumgarner and claims representatives for NYMIR (New York Municipal Insurance Reciprocal, the county’s carrier) both recommended the settlement as an alternative to lengthy litigation that would have cost the county more in the long run should Heady have been successful in a court of law before a jury trial.
Bumgarner said the settlement was in the “best public interest by avoiding the costs of additional litigation.”
The legislators, except for Dan Birmingham, agreed. Birmingham, an attorney, felt the county had an excellent chance to defend the lawsuit and win the case.
Meanwhile, Heady, of Putnam Valley, is back in jail following an arrest last week for disorderly conduct, said Sheriff’s Capt. William McNamara.
Sheriff Don Smith said he couldn’t speak about the Heady case specifically, but added, “It is unfortunate that law enforcement officers are frequently sued by people who break the law for just performing their duties in accordance with the law. It is a sad fact that counties and other municipal governments are sometimes put in the position of making a business decision to settle a baseless lawsuit, rather than incur higher costs to prove that there was no wrongdoing and that the law enforcement officers acted appropriately.”
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