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Bracero v. The State of New York

Summary Judgment Granted in Part in Case Involving Officer Assaulting Inmate

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The following papers numbered 1-3 were read and considered by the Court on claimant’s motion for summary judgment on the issue of liability and oral argument was heard on May 16, 2023 and May 23, 2023: Notice of Motion, Claimant’s Supporting Affidavit, Attorney’s Memorandum of Law and Exhibits 1 Attorney’s Affirmation in Opposition 2 Attorney’s Reply Affirmation 3 Filed papers: Amended Claim, Second Amended Claim1 DECISION AND ORDER This claim arises out an incident that occurred at approximately 7:30 a.m. on September 8, 2016, during claimant’s incarceration at Fishkill Correctional Facility (Fishkill). Claimant was 63 years old at the time of the incident and had been incarcerated since 1992 (Second Amended Claim, 10). He wore glasses and a hearing aid (id.). The State does not dispute the facts as set forth in paragraphs 1through 6 of claimant’s supporting affidavit and the State affirms that “[t]here is no dispute” that claimant was “viciously assaulted by [Correction Officer] Christopher Rodriguez” and that Rodriguez was subsequently terminated from employment due to the incident (State’s Opposition,

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