Patrick v. State of New York. After the death of their son in the hands of State agents, his parents brought a claim against the State of New York alleging that their son died because staff members at the group home he lived in used excessive force to restrain him. They also claimed that the staff members were inadequately trained. The court ruled that the parents did establish "by a preponderance of the credible evidence" that the State's negligence caused their son's death and found the State fully liable. The court noted the cause of death was asphyxia during restraint, and that but for the use of excessive force by staff members of the group home, their son would likely be alive today. www.foleygriffin.comThis site is intended for individuals with questions regarding wrongful death and other negligence issues in the State of New York. For more information, go to our web site www.foleygriffin.com, or call (800)991-2773. The information contained herein is a general guide for informational purposes only. This blog site is not intended to create an attorney-client relationship. You should not act or rely on any information contained from this site.
January 10, 2006
New York State Liable for the Death of Group Home Member
Patrick v. State of New York. After the death of their son in the hands of State agents, his parents brought a claim against the State of New York alleging that their son died because staff members at the group home he lived in used excessive force to restrain him. They also claimed that the staff members were inadequately trained. The court ruled that the parents did establish "by a preponderance of the credible evidence" that the State's negligence caused their son's death and found the State fully liable. The court noted the cause of death was asphyxia during restraint, and that but for the use of excessive force by staff members of the group home, their son would likely be alive today. www.foleygriffin.com
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