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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