3. Violence at Rikers Island, a New York City prison on an island in the East Ri

Question

3. Violence at Rikers Island, a New York City prison on an island in the East River, has risen to epi- demic proportions over the past five years. During the first four months in 2014 alone, a dozen pris- oners suffered injuries that resulted from stab wounds and cuts, while prisoners and guards un- derwent treatment for broken bones, concussions, and punctured eardrums among many other simi- lar injuries. Reports indicate that, while the popu- 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- lence Rise at Vast Jail," The New York Times, March 19, 2014, pp. A1, A18.] atrick Clawson was described by renorter Karen

Explanation / Answer

A tort is a civil wrong. The civil wrong can cause the claimant to suffer a loss or harm. Tort is a private wrong against a person for which the injured person can recover damages.

There are three types of torts – intentional torts, torts based on negligence, and strict liability torts. An intentional tort is a tort in which a civil wrong takes place due to an intentional conduct. In case of tort based on negligence the tortfeasor is guilty of not exercising reasonable care. In case of strict liability torts the injured party is not required to prove fault.

In the case of New York City prison on Rikers Island the tort that is the basis of the lawsuit is the strict liability tort. The conduct of the prison administration was clearly not intentional. Secondly their actions cannot be said to be negligent as the number of guards were increased by a significant 240 percent since 2004. Also at many instances the guards also suffered from injuries.

In this case the strict liability tort will be applicable. City of New York is responsible for the state of affairs and the safety of the prisons managed by it. The City of New York has an absolute liability towards the safety and protection of the prisoners in its prison and hence all the injured prisoners are not required to prove direct fault and negligence on part of the defendant.

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