A federal judge ruled that most officers and medical staff cannot be held liable in a lawsuit over a 2019 jail assault, but one correction officer still faces trial.
Central Islip, NY – A federal judge has partially granted summary judgment in a civil rights lawsuit filed by a former inmate who was assaulted at the Nassau County Correctional Center.
U.S. District Judge Gary R. Brown dismissed several federal and state claims against correction officers and medical providers, but allowed one constitutional claim against a correction officer to proceed.
Key Points
• Former Nassau County jail inmate sued officers and medical staff after assault
• Federal judge dismissed most claims against officers and medical providers
• One claim against a correction officer will proceed toward trial
Assault inside Nassau County jail
The lawsuit stems from a Sept. 29, 2019 altercation at the Nassau County Correctional Center involving inmate David Knudson.
According to court filings, Knudson had been jailed after a September 2019 arrest for driving while intoxicated, which violated the terms of his parole.
Knudson said he was attacked while using a prison phone by two inmates, Michael Durham and Kevin Torres.
Claims officers ignored safety warnings
Knudson alleged he warned correction officers the night before the incident that Durham had threatened him over use of the phone.
He also claimed that about 20 minutes before the assault he asked Correction Officer Anthony Martingano to move him to a different unit because he feared violence.
According to the lawsuit, Martingano ignored the request and the assault occurred shortly afterward.
Martingano disputes that Knudson told him he feared for his safety.
Conflicting accounts of officer response
Court records state that Martingano was roughly seven feet away when the attack began.
Durham allegedly struck Knudson multiple times in the head, while Torres punched him during the altercation.
Martingano maintains he quickly intervened to stop the fight, while Knudson claims he remained on the ground bleeding for a period before officers responded.
Medical treatment after the incident
Following the assault, Knudson was taken to Nassau University Medical Center for treatment.
Doctors treated cuts to his ear and forehead and performed a CT scan. A physician later concluded he was suffering from post-concussion syndrome based on medical testing and reported symptoms.
Court narrows the lawsuit
Judge Brown ruled that most federal constitutional claims and all state negligence claims against the officers and medical providers should be dismissed.
However, the court denied summary judgment on one claim against Officer Martingano, allowing that portion of the case to move forward.
The lawsuit will continue in federal court on that remaining claim.
