Benyi v. Broome County Sheriff's Department

*870In May 1987 petitioner, who was incarcerated at the Broome County Jail on pending criminal charges, was assaulted by another inmate. As a result of the assault petitioner was hospitalized and, on May 28, 1987, underwent cranial surgery to relieve a subdural hematoma. In January 1989 petitioner made a motion in Supreme Court for permission to proceed as a poor person in an action he intended to commence against respondent Broome County Sheriffs Department for negligence or willful misconduct in failing to adequately protect him, and against respondent William Teller, the doctor who performed…