Berkman Henoch Obtains Favorable Trial Verdict

Berkman Henoch successfully defended the County of Nassau against civil rights claims following a month-long trial in the Supreme Court, Nassau County (Daly-Sapraicone, J.S.C.).

The Estate of Daryl Woody brought an action against Nassau County, the Nassau County Correctional Center (“NCCC”), the Nassau County Police Department and several correction and police officers (collectively, the “Nassau County Defendants”) following Mr. Woody’s suicide while incarcerated at the Nassau County Correctional Center.

After being admitted to NCCC, Mr. Woody was placed on constant observation during which time he attempted to injure himself with a piece of metal he broke off from the cage of a smoke detector.  After correction officers intervened, Mr. Woody was transported to the Nassau County Medical Center (“NUMC”) for treatment and a mental health evaluation.

Mr. Woody was ultimately admitted to NUMC and placed in the hospital’s prison ward.  Unfortunately, though seen and treated by NUMC doctors and medical professionals for more than a week, Mr. Woody committed suicide by hanging.  In its lawsuit against the Nassau County Defendants (all of whom were represented by Berkman Henoch) and NUMC, the Estate argued, among other things, that Mr. Woody’s Constitutional rights were violated in that NCCC and NUMC failed to provide proper mental health care.

Following the conclusion of Plaintiff’s case, which included close to twenty (20) witnesses, Berkman Henoch moved for a trial order of dismissal or judgment during trial pursuant to Section 4401 of the New York’s Civil Practice Law and Rules (CPLR) and argued that the testimony and evidence presented by Plaintiff failed to demonstrate that any of the individually named Nassau County Defendants were” deliberately indifferent.”

The Court granted Berkman Henoch’s application and dismissed all causes of action against the Nassau County Defendants.  In its ruling, the Court explained, “[t]he issue before the jury is a 1983 claim.  Viewing the facts as presented with evidence and testimony in light most favorable to the plaintiffs, there is no reasonable basis for a jury to find that any of the [Nassau County Defendants] exhibited deliberate indifference . . . there is no reasonable basis for a jury to find that any of the just named defendants exhibited deliberate indifference to Mr. Woody . . . The evidence and testimony elicited also has failed to prove that the county defendants as named violated the decedent’s constitutional rights by having a custom or practice of not adequately training its employees to protect decedent from self-injury or suicide . . . The application by the county defendants for a directed verdict is granted in its entirety.”

At trial, the Nassau County Defendants were represented by Catherine Martyn, Esq. and  Nicholas Tuffarelli, Esq. – members of Berkman Henoch’s Litigation Department.

Link to:  Copy of the Court’s Decision granting the motion that sought a directed verdict