Luis Vasquez was incarcerated in the Department of Correction’s Vernon C. Bain Center in the Bronx on February 9, 2015 when he was assaulted by another inmate.
In his suit, filed in the United States District Court for the Southern District of New York under docket number 15 CV 8270 (ER) (DCF), Mr. Vasquez alleged that the assault resulted from his having confronted inmates smoking K-2 at the instruction of defendant Correction Officer Yvette Perez. According to Mr. Vasquez, C.O. Perez witnessed the assault but failed to report it or to obtain medical treatment for his injuries. Instead, as alleged by Mr. Vasquez, C.O. Perez and Captain Moises Walden recorded the assault as a “slip and fall.” As a result, no separation order was issued between Mr. Vasquez and his assailant as required, and a few days later Mr. Vasquez was viciously attacked by the same inmate, causing him to sustain multiple facial fractures requiring surgery.
In the complaint filed on behalf of Mr. Vasquez, the firm argued that Mr. Vasquez’s injuries resulted from unconstitutional practices of the City of New York that effectively sanctioned the misreporting of inmate injuries.
Partner Baree N. Fett explained: “We are pleased to have obtained a favorable outcome for Mr. Vasquez. It is our hope that cases like this will lead the City to reform its unconstitutional jail practices.”
The settlement was covered by the New York Daily News.