Legal Opinion

Kagan v. State of New York

Appellate Division of the Supreme Court of the State of New York

Decided June 17, 1996PublishedCited by 24 opinions

1Opinion of the Court

OPINION OF THE COURT

Miller, J. P.

It is well settled that the State owes a duty to its incarcerated citizens to provide them with adequate medical care. Today, we reaffirm that principle and uphold, in large measure, an award of damages to an inmate who lost the hearing in one ear as a result of endemic and systematic indifference to her repeated, legitimate medical complaints by the security and medical staff at Bedford Hills Correctional Facility.

The Court of Claims found that prison employees had committed acts of ministerial negligence and awarded damages in the total amount of $304,000…

2Cases cited19 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Parochial Bus Systems, Inc. v. Board of EducationNew York Court of Appeals · 1983
  3. Tango v. TulevechNew York Court of Appeals · 1983
  4. Eiseman v. StateNew York Court of Appeals · 1987
  5. De Angelis v. Lutheran Medical CenterNew York Court of Appeals · 1983

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3Cited by24 opinions

  1. Black v. StateAppellate Division of the Supreme Court of the State of New York · 2015
  2. Hayut v. State University of New YorkDistrict Court, N.D. New York · 2000
  3. Degrafinreid v. RicksDistrict Court, S.D. New York · 2006
  4. Andrews v. County of CayugaAppellate Division of the Supreme Court of the State of New York · 2012
  5. Trottie v. StateAppellate Division of the Supreme Court of the State of New York · 2007

19 more not listed; retrieve them via the Exa API.

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