Legal Opinion

Bush v. State

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

Decided December 4, 2008PublishedCited by 6 opinions

1Opinion of the CourtCarpinello, J.

This action stems from a fight between claimant and Charles Cox while the two were residents of a state facility for youth. Claimant alleges that a facility staff member’s use of excessive force in breaking up the fight caused injuries to his eye. Following a trial, the Court of Claims dismissed the claim finding no evidence of excessive force and no evidence that claimant’s injury was actually caused by staff intervention in the fight. Claimant appeals, and we now affirm.

Under a policy governing defendant’s residential youth facilities, a staff member may physically restrain a resident or…

2Cases cited7 opinions

  1. Arnold v. StateAppellate Division of the Supreme Court of the State of New York · 1985
  2. Arnold v. StateNew York Court of Appeals · 1985
  3. Burton v. StateAppellate Division of the Supreme Court of the State of New York · 2001
  4. Passino v. StateAppellate Division of the Supreme Court of the State of New York · 1999
  5. Davis v. StateAppellate Division of the Supreme Court of the State of New York · 1994

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3Cited by6 opinions

  1. Salatino v. SalatinoAppellate Division of the Supreme Court of the State of New York · 2009
  2. Shirvanion v. StateAppellate Division of the Supreme Court of the State of New York · 2009
  3. Maldonado v. New York State Thruway AuthorityAppellate Division of the Supreme Court of the State of New York · 2011
  4. Barnes v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2020
  5. McFadden v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021

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

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