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The mother of a teen killed at a correctional facility in 2006 has received a settlement for $3.5 million from the state of New York on Tuesday, December 6.
Darryl Thompson, then 15, had spent time in Tryon Boys Residential Center in Fulton County, Johnstown, NY, between Schenectady and Utica. He engaged in an altercation with two guards after he was denied recreational time. They applied prone restraint to him, meaning they kept him down forcefully. He indicated an inability to breathe, but the guards let go only after he was already unconscious. Court records show that they only attempted to revive him a few minutes after the scuffle, even though they were trained in CPR and he was not moving. Furthermore, other adult supervisors were on hand.
The medical examiner had ruled it a homicide but a grand jury was unwilling to indict the defendants. However, Anntwanisha Thompson, Darryl's mother in the Bronx, sued for wrongful death and civil rights violations -- given their slow response to Darryl's unconsciousness.
The wrongful death claim awarded Ms. Thompson $2.28 million. The rest of the $3.5 million went to legal fees.
The civil rights claim prompted pressure from the Department of Justice to reform the NY penal system in the direction of greater accountability. Tryon has since been closed and the two defendants have been fired.
As a practicing medical malpractice, wrongful death, and personal injury attorney in New York, I deal with tragic incidents like this every day. If you have experienced related problems, pick up the phone and call me. I can help.
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If you would like more information about how medical malpractice and accident cases work in the state of New York, I encourage you to explore my educational website. If you have legal questions, I urge you to pick up the phone and call me at 516-487-8207 or by e-mail at lawmed10@yahoo.com to answer your questions. That's what I do every day. I welcome your call.
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