, at Rikers Island, a New York City prison on an island in the portions over the

Question

, at Rikers Island, a New York City prison on an island in the portions over the past five years. During our months in 2014 alone, a dozen pris- irst f suffered injuries that resulted from stab wounds and cuts, while prisoners and guards un- vent treatment for broken bones, concussions derw nd punctured eardrums among many other simi- lar injuries. Reports indicate that, while the lation of the prison has fallen by 15 percent since 2004, the use of force by guards has risen 240 per cent over that same period. Two prisoners, one who sustained extensive injuries to his neck and back and another who has back problems and a broken nose, have filed separate lawsuits naming the City of New York as defendant. Both inmates allege that their injuries resulted from beatings conducted by corrections officers at Rikers. Using your knowledge of tort law, list and explain those torts that might form the basis of these lawsuits. See: Michael Schwirtz, "Mental Illness and Vio- ence Rise at Vast Jail," The New York Times, March 19, 2014, pp. A1, A18.] atrick Clawson was described byI popu

Explanation / Answer

3) A tort case is one where one individual causes an injury to another which the injured party Can take legal action by suing for damages. In a tort lawsuit, which can be filed through representation by a personal injury attorney, the party which sustains the injury also referred to as plaintiff in civil courts, sues the party causing injury referred to as a defendant in court. The harm that is caused maybe to an individual personally, impacting his health or well being, or to property owned by him. The aim of a tort case is to identify whether an injury has been caused by specific intent or negligence of the other party. The major factors to be focused on in every tort case to ensure fair judgement are duty involved, breach of Duty, causation of injury and existence of injury. They should exist and underline sufficient breach of duty on the part of the defendant which resulted in an injury to the plaintiff, for the tort case to be sufficiently strong. Tort cases may be of three types intentional cases, negligence cases or strict liability cases.

The lawsuit can be filed on the basis of all three torts conditions. Intentional injury through use of excessive force, and also assault and battery. Negligence case due to neglecting the physical and emotional distress caused and refusing to take action by superiors, and strict liability arising out of negligent supervision and training of correctional officers resulting in serious permanent injury.

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