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Cash v. County of Erie

United States District Court, W.D. New York
Sep 29, 2009
04-CV-0182-JTC (JJM) (W.D.N.Y. Sep. 29, 2009)

Summary

In Cash, the plaintiff was raped and assaulted by a guard at the Erie County Holding Center, where she was being held as a pretrial detainee.

Summary of this case from Doe v. Green

Opinion

04-CV-0182-JTC (JJM).

September 29, 2009


By order entered September 2, 2009 (Item 137), the above-referenced case was referred to United States Magistrate Judge Jeremiah J. McCarthy, Jr., pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), to hear and report upon plaintiff's motion for default judgment against defendant Marchon Hamilton. On September 4, 2009, Magistrate Judge McCarthy filed a Report and Recommendation (Item 138), recommending that plaintiff's motion be granted, and that default judgment be entered against defendant Hamilton in the amount of $650,000, consisting of $500,000 in compensatory damages and $150,000 in punitive damages.

Having carefully reviewed the Report and Recommendation, the record in this case, and the pleadings and materials submitted by the parties, and no objections having been timely filed, it is hereby

ORDERED, that pursuant to 28 U.S.C. § 636(b)(1), and for the reasons set forth in Magistrate Judge McCarthy's Report and Recommendation, plaintiff's motion for default judgment (Item 129) is granted, and the Clerk of Court is directed to enter judgment against defendant Hamilton in the amount of $650,000, consisting of $500,000 in compensatory damages and $150,000 in punitive damages.

So ordered.


Summaries of

Cash v. County of Erie

United States District Court, W.D. New York
Sep 29, 2009
04-CV-0182-JTC (JJM) (W.D.N.Y. Sep. 29, 2009)

In Cash, the plaintiff was raped and assaulted by a guard at the Erie County Holding Center, where she was being held as a pretrial detainee.

Summary of this case from Doe v. Green

awarding default judgment of $500,000 in compensatory and $150,000 in punitive damages against a detention center guard who assaulted and raped an inmate

Summary of this case from Nimmons v. Clark

entering default judgment of $500,000 compensatory against a detention center guard who assaulted and raped an inmate

Summary of this case from Nicholson v. Delgadillo

In Cash, the municipal supervisor acknowledged that he was aware of "highly publicized incidents" of sexual assaults of inmates by correctional officers at other New York correctional facilities, but denied awareness of such assaults at his prison.

Summary of this case from Minton v. Guyer

entering default judgment of $500,000 compensatory and $150,000 punitive damages against a detention center guard who assaulted and raped an inmate

Summary of this case from Lee ex rel. Lee v. Borders

entering default judgment of $500,000 compensatory and $150,000 punitive damages against a detention center guard who assaulted and raped an inmate

Summary of this case from Trinidad v. City of Boston
Case details for

Cash v. County of Erie

Case Details

Full title:VIKKI CASH, Plaintiff, v. COUNTY OF ERIE, SHERIFF PATRICK GALLIVAN…

Court:United States District Court, W.D. New York

Date published: Sep 29, 2009

Citations

04-CV-0182-JTC (JJM) (W.D.N.Y. Sep. 29, 2009)

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