Marcano v. City of New York

Plaintiff was injured when he fell from a set of exercise bars in the recreation yard of Rikers Island Correctional Facility. Plaintiff had been swinging himself back and forth on the bars with such force that his feet *57rose to a level above his head, causing him to lose his grip on the bars in question and fall head-first on the unpadded cement floor below. Because I cannot see either how plaintiff could have been unaware of the danger that just such a calamity would result from this conduct, or how the risk was enhanced beyond the level that should have been obvious to him, I respectfully…