Al-Jundi v. Mancusi

DECISION and ORDER

FINAL APPROVAL OF SETTLEMENT AND DISTRIBUTION OF SETTLEMENT PROCEEDS PURSUANT TO RULE 23(e) FEDERAL RULES OF CIVIL PROCEDURE

TELESCA, District Judge.

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TABLE OF CONTENTS

THE DECISION

I INTRODUCTION.443

II PROCEDURE FOR EVALUATING CLAIMS .444

A. Verification of Class Membership.444

B. The Claim Process.444

C. The Evaluation Process.445

III DEATH CLAIMS.446

IV TESTIMONY.447

V CONCLUSION.449

APPENDIX

IINJURY CLAIMS AND AMOUNTS AWARDED.450

IIDEATH CLAIMS AND AMOUNTS AWARDED.561

IIIDISALLOWED OR WITHDRAWN CLAIMS.564

IVCORROBORATING TESTIMONY ... .564

INTRODUCTION

The plaintiffs in this class action were inmates in D-Yard at the Attica Correctional Facility (“Attica”) on September 13, 1971. They brought this action seeking damages for civil rights violations, claiming that they were injured by law enforcement officers during and after the retaking of Attica on September 13, 1971, which ended a four-day riot. The case was commenced on September 12, 1974 and has a long, complex procedural history, including several trials and appeals. On August 12, 1999, the case was re-assigned to this Court for expedited treatment pursuant to the decision of the Second Circuit Court of Appeals dated August 3, 1999. Following intensive negotiations, the parties presented a proposed Settlement Agreement dated January 4, 2000 which provided for the State of New York (without admitting liability) to pay $8,000,000.00 into a fund to be apportioned by the Court among the qualified plaintiff class members. The terms of the settlement require the Court to determine the individual awards in proportion to the seriousness of the injuries sustained by all class members making claims. The Settlement Agreement also provides that a separate fund be established in the amount of $4,000,000.00 by the State for disbursement to plaintiffs’ class attorneys for legal services rendered during the past 25 years in addition to those rendered in these proceedings. Allocation of those funds will be dealt with in a separate decision.

The intent of the settlement is to limit recovery to only class members who were defined in a 1979 Decision as those Attica inmates who were in D-Yard on September 13, 1971. The settlement is specific in this regard and, therefore, cannot cover injuries sustained by inmates who are not class members even though they may have been injured elsewhere at Attica on or after September 13, 1971. Nor, unfortunately, can the settlement benefit the famines of the deceased or injured hostages. A significant benefit of the settlement process was to afford the class members the opportunity to testify publicly and to bring this case to a conclusion without establishing fault or responsibility. Finality and resolution are thus achieved to the extent possible under the circumstances presented to this Court.

A fairness hearing was held on February 14, 2000 which gave class members the

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opportunity to express their views with respect to the proposed settlement. This Court then issued a Decision and Order dated February 15, 2000 granting preliminary approval of the proposed settlement and directing that notice of the settlement terms be provided to class members by regular mail and by publication. Class members were required to file sworn claim forms by no later than July 7, 2000 in order to participate in the settlement. Class members were also informed that each would be given the opportunity to supplement his claim with in-court testimony if he so desired. Class members choosing not to testify would have their claims fully considered on the basis of the sworn claim form along with any documentary proof in support of the claim.

PROCEDURE FOR EVALUATING CLAIMS

The settlement requires the Court to make a proportionate, equitable distribution of the settlement fund among the qualified class members. A procedure was established for each class member to make a claim and for the Court to evaluate the claim and determine its value based upon the comparative seriousness of the injuries sustained.' All claims, including the death claims, shall be paid from the settlement fund which was initially established in the amount of $8,000,000 paid into the Registry of the Court subject to the Court’s control.

Verification of Class Membership

The Settlement Agreement provides that only class members are entitled to share in the proceeds of the settlement fund. The plaintiffs’ class is defined in a Decision and Order dated October 31, 1979, as “all persons who were on September 13, 1971 inmates of the Attica Correctional Facility, Wyoming County, N.Y., and who were present in D-yard of Attica on such date.” Following the announcement of the settlement on February 14, 2000, this Court received 581 claims from individuals claiming to be class members. It was critical to first verify the claimant’s membership in the plaintiffs’ class. The Court reviewed Attica prison records fist-ing the name of every inmate incarcerated at Attica on September 13, 1971 and separately identifying those inmates who were present in D-Yard on that date. The Court also examined the inmate’s individual prison files produced by the New York State Department of Corrections during the discovery phase of this litigation to search for any documentary evidence which could confirm whether or not he was at Attica and present in D-Yard on September 13, 1971. If no documents were found, then a separate notice was sent by the Court to that claimant or his representative providing him with an opportunity within one month to supplement his claim with any evidence to refute the presumption that the claimant was not present in D-Yard on September 13,1971.

Those persons whose claims were disallowed or withdrawn are fisted in Appendix III and are not entitled to share in the settlement proceeds.

The Claim Process

A claim form was made available to each claimant together with instructions for completing and fifing the claim with the Court by no later than July 7, 2000. A small number of claims were accepted after the July 7, 2000 deadline from claimants who provided a reasonable explanation for not fifing sooner. Each claimant was to verify that he was an inmate in the Attica Correctional Facility in D-Yard on September 13, 1971 and was injured as a result of the retaking. Each was required to describe the nature and extent of the injuries sustained together with any supporting medical information which might be helpful to the Court. Once the claim was filed, each was afforded the opportunity to testify in support of his claim in open court. However, many chose not to testify but instead relied upon their verified claims together with any additional sup

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porting material. Appearance in Court was not mandatory to prove the value of a claim. Those who chose to testify gained no financial advantage over those who chose not to testify.

Approximately 200 plaintiffs chose to testify in support of their claims during the period May through August, 2000. Approximately 160 appeared in person and gave their testimony at the Federal Courthouse in Rochester, New York. Many traveled at their own expense from various locations in New York, and from New Jersey, South Carolina, Ohio, Pennsylvania, Florida, and Minnesota. With the cooperation of the New York State Department of Corrections, those plaintiffs who are currently incarcerated in various New York prisons were able to give their testimony by telephone or video conference from the prison where they are located. The remaining incarcerated plaintiffs were transported by the New York State Department of Corrections and, with the cooperation of the U.S. Marshal and the Immigration and Naturalization Service, Court was convened at the Federal Detention Facility in Batavia, New York on August 2, 2000 and their testimony was taken.

The Evaluation Process

A distribution formula was adopted which equitably distributes the settlement proceeds among the qualified claimants. Each claim was evaluated and placed in one of five categories based upon the relative seriousness of the injuries sustained. Those categories represent groups of injured inmates ranging from those who were least injured in Category I to the death claims in Category V. The following categories were established based upon a discernible cluster of inmates having suffered a similar degree of injuries in each category. This determination was made after hearing all claims and evaluating all injuries sustained by each claimant. Some overlap was inevitable because the process was not scientific and a mathematical certainty could not be achieved.

Category I

Inmates in this category were beaten, ran the gauntlet, received physical injuries, suffered emotional distress, nightmares, etc., or experienced any combination of these occurrences.

Category II

Inmates in this category received beatings which resulted in broken bones, including broken fingers, broken ribs, loss of teeth, and continue to suffer from emotional distress.

Category III

Inmates in this category received gunshot wounds and/or were singled out for special treatment such as being subjected to more severe, repeated beatings which resulted in a permanent disability and continuing emotional distress.

Category IV

Inmates in this category received very severe, multiple beatings, were subjected to acts of torture, or were severely wounded by gunfire. The injuries were life-threatening and resulted in serious permanent disability, either physical or emotional.

Category V

Inmates in this category died as a result of gunshot wounds received during the retaking.

I found the claimants, for the most part, to be credible and some understated the extent of their injuries and how those injuries affected their lives. Many gave testimony under obvious emotional strain— finding it difficult to recount the events after suppressing memories for 29 years. And, many remain casualties because of lingering physical problems and the inability to erase memories of Attica.

Generally their testimony, as to the extent of their injuries and the treatment they received on September 13, 1971, was consistent with information contained in “The Official Report of the New York State Special Commission on Attica,” (The McKay Commission) and with testimony in a number of Court of Claims trials arising out of the Attica uprising.

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A number of the plaintiffs testified that their sole source of income is provided by public assistance. Indeed, many are destitute. The awards the Court makes today are not intended to be a substitute for public assistance for day-to-day costs of living but rather to supplement such assistance to enhance the lives of the plaintiffs. Indeed, the majority of the awards contemplated are of a modest sum and not large enough to be a substitute for other assistance received by the former inmate plaintiffs.

DISPOSITION OF CLAIMS

TOTAL CLAIMS FILED: 581

DUPLICATE CLAIMS FILED - 38

DISALLOWED OR WITHDRAWN CLAIMS

-_41

TOTAL VALID CLAIMS 502

AMOUNT BREAKDOWN BY CATEGORY PER CLAIM

CATEGORY I: 260 $ 6,500.00

CATEGORY II: 112 $ 10,000.00

CATEGORY III: 95 $ 31,000.00

CATEGORY IV: 15 $125,000.00

CATEGORY V:- _20 $ 25,000.00

SUBTOTAL 502

TOTAL ALLOWABLE CLAIMS 502

Having examined all claims, I determine that the amount awarded to each of the claimants is fair and equitable' given the circumstances presented and the limited funds available for distribution.

DEATH CLAIMS

Although 29 inmates died as a result of gunshot wounds inflicted by the authorities during and after the retaking, only 20 claims were made on their behalf by their legal representatives. Their claims are placed in a separate category and are listed in Appendix II.

In determining the value to be apportioned to each death claim, the Court is limited to considering only the deceased inmate’s conscious pain and suffering as the measure of damage. As provided in the New York Estates Powers and Trusts Law, § 11-3.3,

[w]here an injury causes the death of a person the damages recoverable for such injury are limited to those accruing

before

death and shall not include damages for or by reason of death, except that the reasonable funeral expenses of the decedent, paid by the estate or for the payment of which 'the estate is responsible, shall be recoverable in such action. The damages recovered become part of the estate of the deceased. (Emphasis added.)

The plaintiffs initially sought recovery for injuries resulting from a variety of civil rights violations under 42 U.S.C. § 1983 . No claim was made either in the complaint or amended complaint for wrongful death of those killed. Therefore, in determining the amount to be awarded to the estates of those inmates who died from injuries received during the retaking, the Court, is limited to considerations of the extent of claimant’s conscious pain and suffering prior to dying. Factors such as the inmate’s future earning capacity, life expectancy, age, and health, which would normally be considered in a wrongful death action under New York law in determining damages, are not relevant in this instance. Put simply, these are not wrongful death cases because they were not alleged as such in the complaint. These are cases where the- severity of the plaintiffs’ injuries caused death and the measure of damage is the extent of the conscious pain and suffering endured. With only sparse records available 29 years after the event, the task of determining the extent of conscious pain and suffering was difficult.

The testimony of surviving inmates who witnessed the shooting of some of the inmates. indicated that they either died quickly or lingered at .most for hours.

1

Most died in the prison infirmary or while lying in D-Yard. All died on September 13, 1971 with the exception of William

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McKinney who died on September 15,1971 at Meyer Memorial Hospital in Buffalo, New York.

Because the settlement fund consists of a fixed sum which is to be distributed among both injured inmates who lived and those who died from injuries received on September 13, 1971, considerations of proportionality are imperative. There are only so many dollars to be apportioned among those who were injured and those who died as a result of the injuries received during the retaking. Under ideal circumstances with unlimited resources for compensation, many of the inmates (those killed and those who survived with extensive injuries) might be entitled to larger awards.

After weighing all these factors, I determine that each death claim shall be awarded $25,000 which is to be paid to the legal representative of the deceased inmate’s estate. I also determine that a $2,000 enhancement for the two additional days of conscious pain and suffering sustained by William McKinney is appropriate for a total award to his estate of $27,000.

Although the amount awarded to inmates who were killed is less than the amount awarded to those inmates who were severely injured and tortured or who survived their gunshot wounds, it reflects the limited period of time the deceased inmates experienced conscious pain and suffering in comparison to those inmates who have suffered with their injuries for the past 29 years — injuries, in many cases, which have been severely disabling or extremely painful. This determination in no way discounts or minimizes the severity of the pain suffered by those inmates who died as a result of their injuries, but instead attempts to fairly apportion a limited settlement fund among class members who received a wide variety of injuries.

I feel the apportionment of the settlement fund among the living and the dead is fair. Not perfect — but fair.

A list of each death claim' and the amount awarded to the respective legal representative, together with a synopsis of each claim, appears in Appendix II.

TESTIMONY

On May 24, 2000, this Court began hearing testimony of the individual plaintiffs which, for many, was a highly emotional experience. They expressed gratitude for the opportunity to finally tell their stories. For many, the privilege of recounting their odyssey was of greater value than achieving compensation. And for some, time had run out and their stories were told by surviving family members.

The recurring theme was that they found themselves in D-Yard on September 9, 1971 (the start of the riot) simply by being in the wrong place at the wrong time. Each had his own story of how he got there.

At first, realizing that they were not under the immediate control of the guards, a carnival-like atmosphere prevailed. But, they knew that this new found freedom would not last. Each of the inmates was helpless to end the impasse and some described it as being in “no man’s land.” They waited for something to happen— they all knew it would not end peacefully.

It rained heavily the night before the retaking. They knew that Corrections Officer Quinn had died and that negotiations had ended. They prepared themselves for the worst and, on September 13th, they were not disappointed.

They testified about hearing the whirring noise of the helicopter that hovered over D-Yard in the misty, gray early morning hours of September 13, 1971 and seeing the clouds of gas it delivered to immobilize the inmates. They heard announcements over a bullhorn to “raise your hands above your head and go to the nearest officer and you will not be hurt.” Unfortunately, that was not the case. Gunfire started simultaneously which “sounded like it came from automatic

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weapons.”

2

At first, they thought the gunfire was with rubber bullets — merely to stun them or frighten them. But, as they saw inmates around them being shot, they knew that it was “for real.” Bullets were everywhere, chipping concrete from the barrage of gunfire. They testified of the helplessness and the fear they felt as they sought refuge behind any object in the unprotected courtyard.

When the shooting stopped, they were corralled and directed by the guards and troopers to move into A-Yard. As they entered'A-Yard, they were ordered to remove their clothing and lie face down in the mud. If they moved, they were beaten and, in some instances, shot by the troopers. They were humiliated as they lay nude, next to each other, face down in the mud — beaten if they raised their heads. They were then ordered to get up and move single file with their hands over their heads and ordered to run “the gauntlet” through the A-Yard tunnel. As the inmates ran or crawled or stumbled in the tunnel leading to A-Block with their hands behind their heads and stripped of their clothing, the corrections officers hit them with their clubs^ — calling them “nigger” or “nigger lover S.O.B.” and other racial epithets. Each described the viciousness of the beatings with vivid detail.

Many of the plaintiffs could not recall how many times they were beaten while going from D-Yard to A-Yard and eventually placed in a single cell with three or more inmates — all nude — all in need of medical attention. While in their cells, they were- beaten, tortured with Russian roulette, and each was eventually given one baloney sandwich 24 hours later on September 14,1971.

One factor was common among all plaintiffs: the treatment they received stripped them of their dignity and they felt dehumanized, “like garbage.” The force used upon them after the retaking ranged from brutal beatings and acts of torture to killings. As one former inmate testified, “[i]t was all so unnecessary — all they had to do was to wait it out — we had nowhere to go.”

The events of the morning of September 13, 1971 left indelible impressions upon each of the plaintiffs after having been subjected to indignities and unwarranted, brutal treatment. Although they have left Attica, Attica has not left them. After having been assured that nothing would happen to them if they followed orders and proceeded to the nearest corrections officer, they were nonetheless shot at and beaten in the same instance. Many cannot shed their bitterness of that betrayal. In a report submitted by Dr. David J. Barry, a psychiatrist, he concluded that “[t]he tragic, and yet devastating, attack on the inmates by the officers was a psychological as well as physical stressor of such magnitude that only a few could be expected to escape lasting adverse effects.”

The events testified to by the former inmates were corroborated in a comprehensive report prepared on October 7, 1975 by Justice Bernard S. Meyer, acting as Special Assistant Attorney General, submitted to then-Governor Hugh L. Carey. Justice Meyer wrote:

Clearly the State has dealt unfairly with the inmates and affirmative action is necessary to correct the situation. Whether any individual enforcement official was justified in firing the shots he did, whether some of the shots fired resulted from malice, from emotion and

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hostility, improper planning by the assault commanders or their failure properly to instruct their men, the fact that 39 men died and 89 men were wounded by enforcement official gunfire though the inmates had no firearms makes indelibly clear that more force was used then was necessary to accomplish the retaking.

Whether malicious or the unfortunate result of false rumors of throat slitting and castration, it is evident from testimony under oath that criminal acts of brutality to inmates occurred during the rehousing.

And concerning the status of criminal investigations, Justice Meyer reported that:

... [at present writing], four years after the riot, 62 inmates have been charged in 42 indictments with 1,289 separate counts while

but for one indictment,

for reckless endangerment, has been handed up with respect to a crime by a State Trooper. (Emphasis mine.)

Following the report, Governor Hugh L. Carey, on December 21, 1976, announced that he would pardon seven inmates and commute the sentence of an eighth to “close the book” on the 1971 Attica prison riot because it was,

irrefutably clear that the State, through its highest officials, failed abysmally in upholding [principles of evenhanded justice] in the handling of the Attica investigation and prosecution ... [therefore] equal justice by way of further prosecutions is no longer possible.

In so doing, the State of New York was precluded from pursuing any criminal charges against any of the officers who took part in the retaking on September 13, 1971. “Attica lurks as a dark shadow over our system of justice,” Governor Carey concluded.

Just because it is history does not mean it is all in the past. Indeed, Attica is the ghost that has never stopped haunting its survivors — including both the inmates and the families of the deceased guards and prison personnel. But at least the settlement of this case provides the basis for the former inmates to close the book on the past and to focus on the future. It was best said by Gene Hitchens as he concluded his testimony:

I’m leaving Attica here today, your Hon- or. This is where Attica ends for me ... I don’t want to talk about it [anymore], I don’t want to live it again.

A list of the claimants and the amount to be paid to each from the settlement fund is in Appendix I together with a synopsis of each claim.

CONCLUSION

For the reasons set forth in my February 15, 2000 Order, and this Decision and Order, I find that the settlement is fair and equitable considering all of the circumstances surrounding the history of this case. I further find that the evaluation and distribution plan is fair and equitable and the Clerk of the Court is directed to make payments to the class members as provided in this Decision and Order.

The Settlement Agreement presented to this Court on January 4, 2000 is approved and the case is hereby dismissed with prejudice pursuant to Rule 23(e) of the Federal Rules of Civil Procedure. All class members are therefore enjoined from instituting or prosecuting any further action or proceeding regarding the settled claims.

The Clerk of the Court is directed to distribute the settlement proceeds from the Attica Settlement Fund on deposit in the Court Registry in the amount specified herein to each claimant or his legal representative. The Clerk is also directed to distribute a proportionate share of the remaining accrued interest earned by the settlement fund to the plaintiffs less $75,000 to be retained by the Clerk of the Court as a contingency fund to be disbursed as may be provided by the further order of this Court. In all cases where a claim has been filed on behalf of a deceased class member, payment shall be

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made only to the legal representative of the deceased plaintiffs estate. Legal representatives must provide proof of their appointment by a Court of competent jurisdiction.

The Clerk shall not make any distribution of funds until the time for the appeal of this Decision and Order has expired. If an appeal is taken, no distribution of funds shall be made until the appellate process is concluded.

Finally, this Court retains jurisdiction over enforcement of the Settlement Agreement and all the terms thereof, including the distribution of the settlement proceeds and the accrued interest.

The Clerk of the Court is hereby directed to enter final judgment in accordance with this Decision and Order.

ALL OF THE ABOVE IS SO ORDERED.

APPENDIX I

SUMMARY OF AWARDS

CATEGORY PAGE

Alejandro, Abelardo C. II

Al-Jundi, AMI a.k.a. Herbert Scott Dean. IV

Allen, Calvin. I

Allen, Carl Jr. I

Allen, Richard “Justice”. II

Allen, James. Ill

Anderson, Dean J. I

Anderson, Eugene D.•. I

Anderson, John. I

Asbury, James Lee. I

Askew, Eric. III

Atterberry, O.V. a.k.a. O.V. Harris. I

Austin, Mack Jr. I

Barnes, Edward. I

Barnes, Larry James a.k.a. Larry Basheer Hameed. Ill

Barnett, Allen . I

Barnett, Jesse. I

Barney, Steven Earl. Ill

Barreto, Pedro. I

Bartee, Ray Earl a.k.a. Raymond Jackson. I

Bates, Gilbert Washington. Ill

Bearkley, Laconia. I

Beck, Clarence. Ill

Benjamin, Donald. Ill

Benjamin, James a.k.a. Ernest Brown . I

Benton, William. II

Berwald, William. II

Besaw, Gary L. I

Best, Patrick . I

Blackwell, David Lee . II

Blair, Lawrence Jr. I

Blake, Henry Mitchell . I

Blyden, Herbert E. Ill

Bonamo, Frederick a.k.a. Frederick Bonnano. I

Booker, William Arthur Jr. Ill

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CATEGORY PAGE

Boswell, William A. I

Bovian, Bernard. I

Boyd, John A. Ill

Bridgeforth, Ernest . I

Brosig, David E. I

Brown, Carlos Eugene. Ill

Brown, Donald. I

Brown, Harvey. II

Brown, James. Ill

Brown, John. I

Brown, Prince . Ill

Brown, Stan a.k.a. Rasheed Ali. Ill

Brundidge, Robert L. I

Bryant, Herman . I

Bryant, John A. I

Bryant, Richard a.k.a. Richard Blackshear . I

Bryant, Sylvester. Ill

Budd, George W. Jr. I

Burgio, Edward F. I

Burkett, Everett. Ill

Buster, Rayfus. Ill

Butcher, Leon. I

Calloway, Calvin . I

Campbell, Richard. I

Cannon, Alton . I

Cardaio, Nicholas . I

Carlin, Keith. II

Carr, John . I

Carroll, Otis.■ I

Carson, Smith Jr. II

Catheart, Michael James. II

Centolella, Ralph J. I

Cerami, Michael F. I

Cerra, Anthony. II

Champen, Roger. III

Christian, Irving. I

Christian, James. I

Cicero, James. Ill

Clark, Lester. II

Clark, Richard X. Ill

Clifford, George. I

Cohen, Wilbert. I

Cole, Terry Lewis. I

Coleman, Grady. II

Collazo, Santos E. II

Collier, Samuel a.k.a. Samuel Samuels . I

Collins, Michael. I

Colon, Armando a.k.a. John Simone. II

Cominski, Joseph. I

Cook, Donald a.k.a. Donald Wright, Jamal Muhammad . II

Cook, Pernell. I

Couben, Saul . I

Coyne, Ronald “Whitey” . I

Craig, Recardo. I

Cratsley, Charles R. I

Crawford, Arthur J. I

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CATEGORY PAGE

Crawford, Eugene. .1

Crawford, Ronald J. I

Crawford, Walter. II

Criscitello, Frank . Ill

Cróom, Louis E. I

Cruz, Jaime Pagan. Ill

Culbreth, Robert Fletcher. II

Dame, Daniel Gordon. II

Davis, Harry. I

Davis, John Edward. I

Davis, Larry. I

Davis, Lewis C. II

Davis, Stanley a.k.a. Stanley Davidson. Ill

DeBerry, Larry. I

DeLeon, Willie a.k.a. Willie D. Leon. Ill

DeShields, Daniel. I

Diaz, William A. II

DiMasse, Anthony Andrew. I

Dingle, Edward. II

Dixon, Milton. I

Doe, John #1 . I

Doe, John #2 . I

Donaldson, Levi. Ill

Doris, Patrick Jr... II

Dow, Roland.■.. .II

Doxen, Irving S. II

Drake, Thomas . I

Duverglas, George. II

Eaton, Robert Peter.. I

Edmunds, Robert. I

Edwards, Robert. I •

Elliott, Willie C. Ill

Fanelli, Edward. II

Felder, David. Ill

Felder, Gregory. Ill

Ferrell, Tommy. I

Fields, Roger. I

Fishburne, Albert Q. I

Fisher, James H.I

Fisher, William . I

Ford, Jerome. I

Ford, Perry. Ill

Foreman, Thomas Howard Sr. Ill

Fowler, Albert. I

Fowler, Craig G. Ill

Frazier, Thomas . Ill

Frederick, Samuel. I

Galliponi, Michael A. II

Galloway, David L. II

Galloway, Rawlin. I

Galvin, Peter J. Ill

Gardner, L.C. Ill

Garner, Frederick E. II

Garrett, Steven . II

Gaskin, Henry. II

Gayden, Dan. I

Gaynor, Kenneth. I

Gearlds, Melvin. I

Geising, Kenneth Jack. I

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CATEGORY PAGE

Gentile, Enrico. II

Gibson, William. II

Gill, Robert. II

Gilmore, Samuel . I

Glenn, James E. I

Gomillion, William. I

Gravitt, Gaylord. Ill

Green, Aaron. Ill

Green, William Robert. I

Greenfield, Howard Eugene. Ill

Greer, Lee Allen. I

Grier, Henry Jr. II

Gudd, Stephen. II

Gulley, Matthew . Ill

Hadid, Saladin a.k.a. Charles Budd. I

Hagan, Thomas. I

Hah, Dabney. II

Hall, Nathaniel Jr.'. I

Ham, Charles. I

Hannold, Darwin. I

Harp, William. I

Harris, Arvee. II

Harris, Frederick A. I

Joseph. Ill

Harris, William E. I

Harrison, Arthur Robert. I

Harrison, Edward George a.k.a. George Edward Harrison . I

Harrison, Thomas Lee. I

Hart, James Foster. I

Hartery, James a.k.a. James Diggs. I

Hawkins, Arthur Earl. I

Hawkins, Joe C. Ill

Haynes, Gary Richard.. IV

Healey, Joseph R. I

Henderson, Robert. I

Higgins, Gary Roger. I

Hill, Harold . I

Hilyard, Harold L. I

Hinkle, Harold F. I

Hodge, Edward

Hoey, Peter. II

Hoff, William Herbert Jr. II

Hogan, Homer. I

Holley, Charles . I

Holley, Ernest. I

Holloman, Donald E. I

Holt, James . I

Hope, Cleveland. II

Hopkins, George Jr. Ill

Howard, Clifford a.k.a. Hajji Hamid A. Sharif. Ill

Howard, Joe Louis . I

Howard, Roosevelt. I

Howard, Wilbert. Ill

Howington, George Welch. I

Hudson, Calvin. I

Hudson, William . I

Huen, Francis Joseph. I

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CATEGORY PAGE

Irizarry, Milton. III

Irons, Clarence. I

Irons, Eugene Frank. I

Jacobs, Robert L. I

Jackson, Gerald. III

Jackson, Guy. I

Jackson, Junior. I

Jenkins, Leon. I

Jennings, Monroe. I

John, Armstrong Jr. III

Johnson, Ernest J. I

Johnson, Larry. I

Johnson, Richard Lee. I

Johnson, Robert. II

Johnson, Taylor A. I

Johnson, William. III

Jones, Clarence Sr. I

Jones, Milton L. III

Jones, James. II

Jones, Young B. I

Jordan, Raymond E. Jr. II

Joyner, Richard. I

Joyner, Vernon. II

Keator, Gary D. I

Keller, Frank. II

Kelly, Timothy Jr. III

Killebrew, Lawrence. III

King, John L. I

King, Joseph. . II

King, Nathaniel. III

Klein, Julius F. III

Knox, James Anthony. II

Kowalczyk, Edward . IV

Kupczyk, Kenneth M. II

Kutterhoff, George L. Jr. III

Kyle, Harry. III

LaFranque, Vernon . II

Lake, Jake. I

Lamb, Judson. I

Larkins, Tyrone Benjamin. III

Latimore, James M. I

Lavinski, Robert. II

Lee, Bob. II

Lee, Macon Jr. III

Leturgey, John H. Jr. II

Lewis, George. III

Lewis, Herbert (Anthony) Stafford a.k.a. Anthony Larson . II

Lewis, Michael E. I

Libbers, Malachy P. III

Little, Joseph. I .

Lockett, Augustus III. I

Lopez, Samuel. III

Loscalzo, Frank M. II

Lucas, Marion. I

Lumbsey, John . II

Lynch, Christopher. II

Lynn, Robert. II

Lyons, Alan . I

Maisonette, William . I

Makowski, Allan Eugene. I

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CATEGORY PAGE

Maldonado, Mario Armando . I

Manning, Vernon. I

Mapp, Charles. I

Marcus, John. I

Marshall, Errol. II

Marshall, Melvin. I

Martin, Marion.'. I

Marvin, Robert F. I

Massey, John G. Sr. I

Matthews, James... II

Mathis, Twiggs . II

Maynard, William A. Jr. Ill

McCullough, Willie. II

McDonald, Leon Hodari. I

McDuffy, Edward. I

McFadden, Cyrus. II

McFadden, Johnnie. I

McFadden, Ronald. I

McGaughey, Otis L. I

McKee, Joseph. II

McKinnon, Kalieb. I

McPhee, William R. Ill. Ill

Meares, Isaac. II

Mendez, Antonio. II

Milburn, Louis. II

Miles, Robert L.. I

Miles, William . Ill

Mitchell, Anthony. II

Mitchell, George E. I

Mitchell, Michael. Ill

Moore, James R. I

Morales, Nicholas Goyco . IV

Morales-Mendez, Christian. Ill

Morris, Ronald L. I

Moseley, Winston . I

Mosely, Daniel. I

Moss, James K. IV

Mueller, William F. I

Muhammad, Farraqan A. I

Muhammad, Melvin a.k.a. Melvin Dunlop. Ill

Mulligan, Vergyl Horace. I

Myhand, Philip L. I

Myhand, William Jr. I

Myricks, Robert L. II

Nelson, William. I

Nesmith, Leerone. I

Nesmith, Robert 0. II

Nevins, Douglas. I

Newell, John. I

Newport, Jiri George. Ill

Nickerson, Richard W. II

Nieves, George Che . I

Northrup, Michael. I

Ode, Delbert William . I

Oliver, Moses L. I

Ortiz, Iluminado. II

Outlaw, William. I

Palmer, Richard Robin. I

Parisi, John . I

Parker, Ronald. II

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CATEGORY PAGE

Parsons, Wilfred. I

Partridge, Howard L. II

Pasqua, Pasquale J. I

Paul, Michael L. II

Pearson, Herman. I

Peoples, Eddie. I

Peryea, Phillip. I

Pettigrew, Ernest. I

Phillips, Melvin . II

Phillips, Michael . I

Phipps, Robert James Jr. I

Plummer, Alfred D. IV

Poole, Lonnie. I

Pope, Clyde Jr... II

Pope, Lyman. I

Posey, John Wesey Jr. I

Quagliana, Vincent . II

Quinones, Jose. II

Raheem, Jamal Abdur f.k.a. James Grant. I

Ramos, Eligió. I

Raycroft, Gary. I

Reed, Chris a.k.a. Oji Reed. IV

Reese, Benny. Ill

Reese, Lonzo. Ill

Reighn, Carl Nick. Ill

Richmond, Willie Frank. I

Rigo, Richard.■ II

Ristau, Charles Robert. I

Rivera, Robert. I

Rivers, Leo. I

Roberts, Bobby Sr. I

Roberts, Jacques “Curley”. II

Robertson, Bobby. I

Robinson, Cecil . Ill

Robinson, James. I

Robinson, Robert. I

Robinson, Robert Lee. Ill

Robinson, Thomas. II

Robinson, Walter J. II

Roche, Carlos. Ill

Rodriguez, Jose. I

Roland, Archie. II

Rosenberg, Jerome Samuel. IV

Roudette, Bruce. I

Sadowy, John. II

Salaam, Yahya D. I

Salom, Guy. I

Salter, Willie Ray. II

Sanney, Harry L. Sr. I

Santiago, Luis F. II

Sardella, Nicholas. I

Saunders, Randolph. I

Sawyer, Robert. Ill

Scales, Anthony. Ill

Schleich, John . I

Schnebly, David. II

Scott, Louis Sinclair. I

Sealey, Lucius. II

Secor, Larry John. I

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CATEGORY PAGE

Sheppard, Daniel. HH HH HH

Shorts, George. HH HH HH

Shuler, Lucius. HH

Simmons, Edward. HH

Simon, Dallas. HH

Simon, Hitzroy a.k.a. Frank James. HH

Sizemore, Claude. HH

Skinnen, James C. I — I

Skinner, Lorenzo. HH

Smith, Alfred. HH

Smith, David ^ a.k.a. David Bell. HH HH

Smith, Frank.:. K"*-1 — I

Smith, Grover Cleveland Jr. HH HH

Smith, James. H

Smith, Raymond L. HH HH

Smith, Robert James. HH

Smith, Willie. HH

Speed, Curtis. I — !

Spraggins, James . HH HH

Spry, James E. HH

Starkes, James A. HH HH

Stauffenberger, Thomas Carl Jr. HH HH

Stoesser, Eugene C. I — I

Strange, Michael T. HH > HH (

Stroble, Bernard.

Stroud, Quillie.

Sturgis, Dolph.

Suddith, Carl.

Suddith, Lark.

Sullivan, Willie James a.k.a. Shareef B. Thabit . —

Sumpter, Raymond.

Sylvia, Daniel J.

Tariq, Ashimba a.k.a. Carl Jones. HH HH HH

Tatum, James Rufus. HH <H ^

Taylor, Charles. W HH

Taylor, James Edward. HH

Taylor, John Henry. HH HH HH

Terry, Charles E. Sr. W

Thomas, Phillip E. H HH HH

Thomas, Preston S. H

Thomas, Robert Lee. HH HH

Thompson, Eric Jomo a.k.a. Cleveland Jomo Davis

Threatt, Marcus G.

Todd, Eddie a.k.a. Najiyb A. Muhammad I — I

Torry, Clarence X. H

Treadwell, Gregory.

Troche, Hector Manuel.

Troche, Jose.

Turner, Yerdell.

Valick, Edward A.

Vaillaneourt, Bruce Samuel Sr.

Vance, Ezell.

Victory, Albert.

Villanueva, Angel Vazquez.

Villanueva, Jose.

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CATEGORY PAGE

Walker, Arthur. II

Walker, Charles. I

Walker, Harold.:. II

Walker, Joseph a.k.a. Maurice J. Garrigia. I

Walker, Lawrence. I

Walker, Lloyd B. Jr. II

Walker, Waldon .. II

Walls, Samuel C. Ill

Warren, Lester. I

Washington, Carl a.k.a. Roosevelt Jones. R'

Washington, Earl. II

Washington, Perry. I

Washington, Robert. Ill

Webb, James. II

Wegimont, Thomas Michael. I

Whaley, Philip. I

Williams, Alphonso. Ill

Williams, Charles L. IV

Williams, Eddie L. I

Williams, Frederick. I

Williams, John Russell. II

Williams, Joseph. I

Williams, Louis . I

Williams, Roger Karl. Ill

Williams, Thomas . I

Williams, Thurman Jr. I

Wilson, William L. Ill

Wiltsie, William Arthur . II

Wood, Richard. II

Woodard, James A. Ill

Wooden, William S. I

Wright, Charles E. I

Wright, Fleming. I

Wright, Jimmie L. II

Wright, Reginald. Ill

Yarrell, Dennis. I

Young, Willie Daniel. Ill

Zarcone, Salvatore . I

Zepernick, Fred David. II

Ziolkowski, Robert S. I

Zobrist, Rodney L. I

Category I

Award of $6,500 to Each Claimant in Category I

Claim of David Brosig

Mr. Brosig testified that he was incarcerated at Attica for violating parole and, on September 9, 1971, when the riot broke out, he was scheduled to be released in three weeks. He was eventually released after the uprising in October 1971.

Following the retaking, he and other prisoners were ordered to place their hands on their heads and to move single-file into A-Yard. Once in A-Yard, they were forced to crawl through the mud, still with their hands on their heads. Because they could not move fast enough, they were crushed by other inmates who were being pushed and beaten by guards and troopers. Brosig then removed his hands from his head so he could crawl faster. A

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trooper then came to him and pointed a shotgun at him, called him a “nigger lover,” and told him “he was going to die.” By making eye contact with the trooper as the gun was pointed at his head, he felt that the trooper relented somewhat and Brosig felt that “it wasn’t his day to die.” Instead of shooting him, the trooper struck him on the head with the butt of the rifle. After crawling for fifty yards, he was told (along with other prisoners), to remove his clothes and he remained nude for two days. The nude inmates were lined up single-file in a “snake line,” and directed to move toward the tunnel under A-Catwalk to be rehoused. He and other prisoners remained in A-Yard for at least two hours and were constantly threatened with death. He states that he saw the body of a black man lying on a table, and believed him to be dead. (He later learned that this was Frank “Big Black” Smith). While waiting to enter the tunnel, he could hear the sounds of people being hit by armed corrections officers and State troopers lined up on each side of the corridor. The pavement in the tunnel was littered with glass. The officers were holding batons, baseball bats, rifles, and shotguns and, as he ran the gauntlet, he was hit in the back, head, the back of his legs, and on the front of his body.

As a result of the beatings, he developed numerous welts on his legs, back, shoulders, buttocks, and the front of his body. He testified that he had “knots and bumps” on his head. He stated that he and three other inmates were placed in a cell designed for one person. Corrections officers came to his cell and removed the only black man from the cell and told the remaining inmates that they would never see this man again. He testified that “if corrections officers found you dozing off in your cell, they would prod you with a shotgun barrel to keep you awake.” On a number of occasions, officers came into his cell, pointed shotguns at the inmates, told them to stand facing the wall, and then told them that it was their time to die. He was terrified.

He testified that he still has recurring nightmares. He goes into deep depression every September since 1971 and still has nightmares approximately three times a year. He fears and mistrusts authority, stating “[i]t was all so unnecessary- — I can’t understand how people can be so mean to each other.”

Claim of Joe Louis Howard

On May 30, 2000, Mr. Howard testified that, on September 13, 1971, he was beaten on his head, back, and legs while in D-Yard; was beaten while walking down the A-Yard steps; was beaten for not crawling fast enough while in A-Yard, and was beaten on the head, back, and legs while running the gauntlet. He sustained cuts on his legs from crawling through the glass. He did not receive medical attention nor is he currently being treated for any of his injuries. He testified that he was afraid to request medical treatment because he saw a prison doctor hitting inmates with a club. He claims' that he does not suffer any lasting pain or permanent medical problems as a result of his injuries, but that he does suffer from severe post-traumatic stress disorder, nightmares, flashbacks, and an inability to keep a job.

Claim of John Doe

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Mr. John Doe, whose claim has been filed under seal by the Court for security reasons, was present in D-Yard on September 13, 1971. He was.beaten on four occasions by the State troopers. When he was transferred to Comstock Correctional Facility immediately after the retaking, he was beaten again by guards there for his participation in the Attica rebellion, and spent three months in the Comstock Correctional Facility Hospital for head and body injuries. He was later informed by a physician that exposure to tear gas at Attica caused him to develop blood clots in his lungs for which-he was hospitalized for a period of eight weeks.

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Claim of Allan Makowski

On May 31, 2000, Mr. Makowski testified that on September 13, 1971, he was present in D-Yard and received beatings in A-Yard as well as death threats while in his cell. He was kicked and beaten with clubs on his ribs, shoulders, back and hips when he was forced to run the gauntlet. He testified that he continues to occasionally suffer from some lower back pain which prevents him from engaging in athletics. He still suffers from nightmares and flashbacks. He was very complimentary and grateful for the attention and assistance given to him by the Salvation Army. “It was all so unnecessary — that’s what happens when people don’t talk— when there is no dialogue.”

Claim of Charles Terry

On May 31, 2000, Mr. Terry testified that he was prodded with a gun while in D-Yard and that he was beaten as he ran through the A-Tunnel gauntlet. A corrections officer struck him across the bridge of the nose with a nightstick. He bled profusely, but received no medical care. He claims that he had a scar for several years, which has now diminished somewhat. However, he claims that he continues to have an impaired sense of smell.

Claim of Irving Christian

Mr. Christian of New York City was in D-Yard on September 13, 1971. He was hit in the right shoulder by an officer wielding a baton and he was forced to run the gauntlet and was struck on his arms, shoulders and sides. In D-Yard he was knocked unconscious and claims he blacked out when re-housed in a cell. He now has painful arthritis in his hands which he believes is a result of his treatment during the retaking. He still suffers today from post-traumatic stress disorder, insomnia, flashbacks, and nightmares.

Claim of Alton Cannon

Mr. Cannon of Staten Island, New York was present in D-Yard on September 13, 1971. He was beaten and kicked in D-Yard, and was beaten on his hands, back, and shoulders by troopers and guards swinging axe handles and billy clubs in the A-Gauntlet. He sustained injuries to his back, head and neck. He is currently being treated for back pain and arthritis which he believes resulted from the retaking. He has flashbacks and becomes very upset when he recalls the events.

Claim of Thomas Lee Harrison

Mr. Keith Harrison, of Richmond Hills, New York, submitted a claim on behalf of his late father, Thomas Lee Harrison. He claims that his father was in D-Yard during the retaking, and was beaten in the gauntlet. He claims his father suffered from recurrent nightmares and flashbacks, and developed alcoholism and paranoia as a result of the retaking.

Claim of Charles Ham

Mr. Ham is currently incarcerated at Otisville Correctional Facility, and was an inmate at Attica Correctional Facility in D-Yard on September 13, 1971. He was beaten by policemen in the head, back and legs on the A-Yard stairs and in the A-Gauntlet. He indicates that he still has backaches and headaches which come and go, as well as numbness and weakness in his right leg (sciatica). He still has nightmares, yells out in his sleep, and is unable to heal mentally from the ordeal.

Claim of James Holt

Mr. Holt, of Buffalo, New York was in D-Yard on September 13, 1971 and was injured on his upper body, including his back, shoulders, and arms by corrections officers who repeatedly struck him with night sticks. He received cuts on his buttocks, legs and feet when forced to walk through glass in A-Block corridor. He suffered permanent vision damage and hair loss resulting from the tear gas dropped during the retaking. He was forced to he in human excrement for three days without being allowed to shower. He still suffers emotional distress from his experience. In a telephone interview on July 17, 2000, Mr. Holt verified the infor

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mation contained in his claim and decided not to testify.

Claim of Alan Lyons

Ms. Dorothy Lyons, of Astoria, New York filed a claim on behalf of her late son, Alan Lyons, who was present in D-Yard on September 13, 1971. He passed away on August 6, 1996. She claims Mr. Lyons received injuries to his wrist, stomach and head, and continued to suffer from recurring problems with his wrist and hand. He also suffered from nightmares, flashbacks, dizzy spells, and post-traumatic, stress disorder. He became upset when he heard sirens.

Claim of Wilfred Parsons

Ms. Dawn Davis of Brooklyn, New York filed a claim on behalf of her father, Wilfred Parsons, who died in 1987. Mr. Parsons was present in D-Yard on September 13, 1971. Ms. Davis claims that Mr. Parsons was stripped and beaten. He suffered from post-traumatic stress disorder, nightmares and flashbacks.

Claim of Edward A. Valick

Mr. Valick, of Pensacola, Florida was present in D-Yard on September 13, 1971. He was forced to strip and crawl eighty yards with his hands behind his head, using his elbows to propel himself. When he could no longer do so from exhaustion, he was struck in the head and back with a rifle butt. He was made to remove his false teeth, eyeglasses and wedding ring, which were thrown “into garbage cans.” He was forced to run through the gauntlet and received multiple bruises to his head, back, and rib area. His eyeglasses and false teeth were never replaced. Mr. Val-ick sought counseling for two years, but was forced to stop because of financial limitations. He still has constant back and hip pain, and recurring nightmares.

Claim of Pasquale J. Pasqua

Ms. Diana Pasqua of Brooklyn, New York filed a claim as the legal representative of her late husband, Pasquale J. Pas-qua. Ms. Pasqua claims that her husband was beaten at least twice on September 13, 1971 befóte being placed in cell. He sustained injuries to his chin, back and legs. He continued to have lasting pain in his legs and back, and suffered from nightmares, flashbacks, depression, and moderate post-traumatic stress disorder. She stated that after Attica he was nervous, disturbed by loud noises and suffered from insomnia. He died on March 21, 1977 at 42, a “broken man.”

Claim of Herman Pearson

Ms. Debbie Monroe of Uniondale, New York filed this claim on behalf of her late father who was in D-Yard on September 13, 1971 and was beaten. She claims that these beatings resulted in life-long breathing and eye problems. He also suffered from nightmares, flashbacks, and serious mental problems.

Claim of Albert Q. Fishburne

Mr. Fishburne is currently incarcerated at Green Haven Correctional Facility and was an inmate at Attica on September 13, 1971 in D-Yard. He was beaten on his legs and back in D-Yard for failing to remove his clothing. He was beaten as he passed through the A-Corridor gauntlet and up the stairs to a cell. He cut his feet and legs on glass strewn on the floor of the gauntlet. He developed high blood pressure which he attributes to his experience on September 13, 1971. He also suffers from mental problems and post traumatic stress disorder. He has been committed to a mental health facility twice, for one month each time, in 1982 and again in 1985. He is now 81 years old and is confined to a wheelchair due to a stroke in 1991 or 1992 which he believes was brought on by his experience at Attica.

Claim of Larry John Secor

Mr. Secor of Deerfield Beach, Florida was present in D-Yard on September 13, 1971. He was forced to run the gauntlet and was beaten to his knees, sustaining cuts to both his knees and feet. He suffered bruises to his body, from his chin to his knees, when struck by a New York

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State trooper’s baton. He stated that the trooper’s badge number was covered with tape to hide his identity. He was beaten again with a pick axe handle near the control room and as he crawled up a flight of stairs. He claims that as a result of his experience, he became a drug addict and alcoholic (now sober after joining AA). He experienced nightmares and feelings of anger and frustration. He now has arthritis in his lower back and knees which he attributes to the beatings.

Claim of Michael Collins

Mr. Collins is currently incarcerated at Fishkill Correctional Facility and was an inmate at Attica Correctional Facility on September 13, 1971 in D-Yard. He received minor injuries in the gauntlet, including cuts to his bare feet from glass strewn on the floor. For over a year following the riot, it upset him to remember what happened but today he is able to think about it without reacting emotionally-

Claim of Terry Lewis Cole

Mr. Cole of Eccles, West Virginia was present in D-Yard on September 13, 1971. Large amounts of glass became embedded in his feet when he was forced to proceed through the gauntlet where he was struck several times. He now suffers from insomnia and constantly experiences intense nightmares about Attica from which he awakens during the night very shaken.

Claim of Ray Earl Bartee a/k/a Raymond Jackson

Mr. Bartee of St. Louis, Missouri was present in D-Yard on September 13, 1971. He was beaten on his shoulder and arms on the steps to A-Yard and again inside A-Yard with batons and sticks. He was struck above his right eye with a nightstick, and on the back with a rifle butt. Once re-housed in a cell, the officers played Russian roulette with him and threatened to kill him. He stated that this treatment continued for days. He still has pain in his back and suffers from headaches which he attributes to that day. He also has nightmares and flashbacks.

Claim of Junior Jackson

Mr. Michael H. Jackson of Avoca, New York filed a claim on behalf of his late uncle, Junior Jackson, who was present in D-Yard on September 13, 1971. He claims that Junior Jackson sustained a head injury during the retaking which caused him to experience recurring seizures. He also suffered from nightmares and flashbacks until his death on August 20,1989.

Claim of Lee Allen Greer

Mr. Greer of West Memphis, Arkansas was present in D-Yard on September 13, 1971. He received lég and foot injuries from beatings inflicted by New York State troopers while running through D-Block hallway. He stated that a guard sought him out after he had been placed in a cell, held his arms and struck him in the groin. He continues to experience pain in his right foot, which he believes was broken. He has several scars on his legs, particularly on the right leg. Occasionally he experiences flashbacks as well.

Claim of Georye Clifford

Ms. Beverly Clifford of Fulton, New York filed a claim on behalf of her late ex-husband, George Clifford. She claims that Mr. Clifford was beaten in A-Gauntlet. He suffered flashbacks and nightmares, developed a drug problem, and became abusive after his experience in the riot at Attica. He passed away on June 19, 1978 and is survived by two children.

Claim of Herman Bryant

Ms. Carleen McKnight of Rochester, New York filed a claim on behalf of her late husband Herman Bryant, who was present in D-Yard on September 13, 1971. She claims that Mr. Bryant was beaten on his body and genitals in the A-Gauntlet. He experienced nightmares, flashbacks, alcoholism, and post traumatic stress disorder until his death on June 5,1979.

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Claim, of Samuel Frederick

Mr. Frederick of Philadelphia, Pennsylvania was present in D-Yard on September 13,1971 and, when he was forced to lie naked on the ground, he was stepped on by guards and police. His feet, hands and body were bruised from the beatings from the retaking forces. He still has flashbacks when he sees or hears a helicopter.

Claim of Frederick A. Harris

Mr. Harris of Dryden, New York was present in D-Yard on September 13, 1971. While running the gauntlet, he sustained a gash on his forehead which- has left a permanent two-inch scar. He occasionally experiences nightmares.

Claim of Ronald McFadden

Mr. McFadden is currently incarcerated at the Wyoming Correctional Facility and was an inmate in D-Yard at Attica on September 13, 1971. He was hit on his legs and knees with clubs and sticks as he passed through the A-Gauntlet. He was beaten by corrections officers when taken out of his cell, causing his legs and feet to swell. He received medical attention on September 16, 1971, when he was transferred to Comstock Correctional Facility. He has a slipped disc in the lower lumbar region of his back from falling and twisting his back during one of the _ assaults he endured. He continues to have flashbacks, nightmares, and emotional pain especially when he sees -Attica from the Wyoming Correctional Facility.

Claim of Dean J. Anderson

Mr. Anderson is currently incarcerated at Wyoming Correctional Facility and was an inmate in D-Yard at Attica on September 13, 1971. He was forced to crawl in A-Yard, was stripped of his clothing, and was made part of the “snake line” with his hands over his head. He states that he saw a black inmate lying nude with a football under his chin being beaten and he feared they would all be treated similarly. When he ran through the A-Gauntlet, he was hit with clubs and sticks on his back, chest, and buttocks which caused welts in those areas. He had. glass embedded in his feet for weeks. He had a severe nose bleed while passing through the gauntlet which he attributes to the tear gas. Before being re-housed in a cell, he was beaten across his back. He was subjected to threats and racial slurs and feared for his life. He continues to have pain in his lower back and left kidney area. He experiences nightmares approximately every other night and flashbacks due to the close proximity of the Wyoming and Attica Correctional Facilities. He is able to see Attica from his window.

Claim of Johnnie McFadden

Ms. Louise McFadden filed a claim on behalf of her deceased husband, Johnnie McFadden, who was present in D-Yard at Attica on September 13, 1971. She claims that Mr. McFadden was beaten by officers with sticks and batons as he went through the A-Tunnel gauntlet. She stated that his bruises lasted for months. He also suffered from recurrent nightmares and flashbacks. He passed away on June 20, 1979.

Claim of Bernard Bovian

Mr. Bovian, of Orangeburg, South Carolina was present in D-yard on September 13, 1971. He was beaten several times and has suffered resulting emotional distress since that date.

Claim of Wilbert Cohen

Mr. Cohen of New York City was in D-Yard on September 13, 1971, and was beaten in A-Gauntlet with sticks hnd batons on his back, shoulders and legs. He also cut his feet on the glass in the gauntlet. He was in pain for three weeks and still suffers from nightmares and flashbacks.

Claim of Ernest J. Johnson

Ms. Kellie Johnson Barnello of Solvay, New York'filed a claim on behalf of her deceased father, Ernest J. Johnson, who was an inmate at Attica and in D-Yard on September 13, 1971. Ms. Barnello claims that her father suffered physical and men

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tal anguish as a result of the retaking. Mr. Johnson passed away in August of 1995.

Claim of Francis Joseph Huen

Mr. Huen of Yonkers, New York was an inmate at Attica and present in D-Yard on September 13, 1971 and was beaten in three separate instances. First, he was beaten on the D-Block catwalk by New York State troopers. He was then beaten by prison guards on the way to Special Housing Unit (SHU) and again while housed in SHU. As a result, he claims he now has arthritis for which he sees a doctor regularly. He also suffers from a “nervous disorientation.”

Claim of Joseph Cominski

Mr. Cominski is currently incarcerated at the Washington Correctional Facility and was an inmate in D-Yard at Attica on September 13, 1971. He was thrown off the stairs leading into A-Yard by New York State troopers and corrections officers and told to crawl through the mud. He was stripped and forced to run the gauntlet, where he was beaten by troopers and corrections officers with night sticks and rifles. He was put into a cell with two others. One inmate slept on the toilet, one on the bare springs of a bed, and Mr. Cominski slept on the floor. He was never offered medical assistance and still has back pain today. He also suffers from nightmares.

Claim of Perry Washington

Mr. Washington of New York City was an inmate at Attica and in D-Yard on September 13, 1971 and was struck on his head by a New York State trooper’s baton in the tunnel on the way to A-Yard. He was struck again on his head in A-Yard for lifting it to look up. He was continually beaten as he made his way through the A-Gauntlet and back to his cell. He was repeatedly threatened while in the cell and was not allowed to sleep. He now suffers from flashbacks, nightmares, lasting hypertension, and post traumatic stress disorder.

Claim of Milton Dixon

Mr. Dixon of Buffalo, New York was in D-Yard at Attica on September 13, 1971 and received leg injuries during the retaking. He now has large knots in his legs as a result of the beatings.

Claim of Douglas Nevins

Mr. Nevins of Buffalo, New York was present in D-Yard at Attica on September 13, 1971. He was beaten in A-Yard by New York State troopers with rifle butts on his ribs, face and hand and was threatened with death in A-Yard. He bears permanent scars on his hand and on his face above his right eyebrow. He still suffers from nightmares, flashbacks, and post traumatic stress disorder.

Claim of Vergyl Horace Mulligan

Mr. Mulligan is currently incarcerated at Cayuga Correctional Facility and was an inmate at Attica in D-Yard on September 13, 1971. He claims that he was forced to strip, line up, and run the gauntlet where he was beaten with blackjacks. He was beaten on his legs and back repeatedly and forced to walk barefoot over broken glass. He attributes his present painful arthritic condition to having been forced to sleep nude for days in a cold cell, lying on either the floor or the bare springs of the bed. He was afraid to seek medical care even after his transfer to Green Haven Correctional Facility.

Mr. Mulligan was one of the individuals chosen to guard the hostages. He also saved a hostage who was a metal shop supervisor named John Mitchell, both from harm by other inmates and from police gunfire by pulling him towards cover. He claims that Mr. Mitchell later told Mr. Mulligan’s parole board that Mulligan had indeed saved his life.

Today, he feels wronged in that he was never recognized for having risked his own life to protect those of the hostages. He continues to suffer from nightmares, anxiety and depression, and severe pain from

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the arthritis he attributes to his treatment following the retaking.

Claim of Edward Barnes

Mr. Barnes of Buffalo, New York was in D-Yard at Attica on September 13, 1971 and was brutally beaten by New York State troopers as he ran through the, gauntlet. His eyeglasses were taken from him and stepped on by corrections officers. It took four weeks to replace them during which time he could barely see and suffered “untold mental and emotional distress.” He claims that this emotional distress has never passed.

Claim of Roosevelt Howard

Mr. Howard is currently incarcerated at Southport Correctional Facility and was an inmate at Attica in D-Yard on September 13, 1971. He was beaten and struck in the head as he ran through the gauntlet. He continues to have headaches and blackouts which a doctor told him were caused by the beatings at Attica. He has had difficulty remembering events ever since that day. He also feels that the emotional distress from the beatings will never go away.

Claim of Anthony Andrew DiMasse

Mr. DiMasse of Utica, New York was in D-Yard on September 13, 1971. He was thrown off the B-Block wall, beaten with clubs and sticks, and kicked when crawling nude across D-Yard. He was made to run the gauntlet twice and cut his feet on glass. He was taken in an elevator to “the Box,” beaten again, hosed and tear gassed. He was left in the “hole” for nine months and was one of the last thirteen to leave Attica. He was sent to Dannemora and again placed in the “hole” where he remained for an additional three months. When he was in the “hole” at Attica he was beaten and tortured. He never received any medical attention. He currently suffers from nightmares and flashbacks.

Claim of Winston Moseley

Mr. Moseley is currently incarcerated at the Great Meadow Correctional Facility and was an inmate at Attica in D-Yard on September 13, 1971. He was beaten by prison guards and New York State troopers. His feet were cut from the glass in the gauntlet and he suffered head, back, and leg injuries. ' He had several bumps on his head and had recurring headaches for a period of time following the assault. He claims that the blows he suffered to his back still cause him periodic pain today. He claims to have recurring nightmares about the retaking which cause him to become severely depressed.

Claim of Charles Mapp

Mr. Mapp of New York City was in D-Yard on September 13, 1971 and was beaten on his back, arms, and legs in the gáuntlet. He fell in front of his cell, cutting his arms and legs. His dentures were broken by an officer in A-Yard when he was forced to he nude on the ground. He was in pain for weeks following the assault and he still mourns the loss of friends who were killed in D-Yard. He claims to sufl fer from emotional distress and flashbacks.

Claim of Robert Edmunds

Mr. Edmunds of Brooklyn, New York claims that he was repeatedly struck in the back with a rifle butt in D-Yard on September 13,1971, and that he was assaulted in D-Tunnel and in the gauntlet. He claims to suffer from severe lower back pains particularly when he bends over.

Claim of Donald Brown

Ms. Wanda Braithwaite-Baril of Monmouth, Maine brings this claim on behalf of her deceased father, Donald Brown, who was in D-Yard on September 13, 1971 and was beaten in the A-Yard gauntlet. Although she could not recount all of the details surrounding her father’s injuries, she claims he did suffer flashbacks and nightmares until his death in 1988.

Claim of Charles E. Wright

Mr. Wright is currently incarcerated at the Elmira Correctional Facility and was an inmate at Attica in D-Yard on September 13, 1971. He sustained injuries to his kidneys when he was struck in the lower back by corrections officers in the gaunt

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let, and now has ‘polycystic’ kidneys and chronic back pain. His feet were cut from running over broken glass littering the floor of the gauntlet. He claims to suffer from emotional distress over the events and tries to disassociate himself from the memories.

Claim of Lyman Pope

Ms. Mary Pope of Rochester, New York brings this claim on behalf of her deceased father, Lyman Pope, who was in D-Yard on September 13, 1971. He was beaten down the A-Stairs by New York State troopers with clubs, was beaten on his entire body in the A-Gauntlet, was placed in a cell, and was continually threatened. She claims the guards played Russian roulette with her father, and that he suffered from nightmares and flashbacks. He also could not bear to be touched by others. She claimed that he developed a substance abuse problem and ultimately died in June, 1987 from a drug overdose.

Claim of Gary Besaw

Mr. Besaw of Fulton, New York claims that on September 13, 1971, he received scratches on his arms, legs, and left side of his face during the retaking. He claims that his sleep was affected for several months as a result of the retaking.

Claim of Harry L. Sanney, Jr.

Mr. Sanney of Dansville, New York claims that on September 13, 1971, a New York State trooper shot at him and his friend twice while they were in D-Corridor. He claims the second shot fatally wounded his friend in the forehead. He was forced to crawl and eventually strip his clothes off. When he did not strip fast enough, he was struck to the ground and kicked. He was then forced through the gauntlet, receiving welts and bruises to his body.

Eight days after being thrown in a cell, he was taken out and told he had visitors. He was repeatedly interrogated by State investigators and beaten when he failed to provide any information. He was allowed to take a shower after thirteen days. He claims to suffer from nightmares about Attica to this day.

Claim of Patrick Best

Mr. Best of Attica, New York claims that on September 13, 1971 he was in D-Yard and was beaten by New York State troopers and prison guards. He sustained bruises which lasted over a month. He still thinks about Attica and feels anger and resentment toward New York State troopers.

Claim of William Robert Green

Mr. Green of Syracuse, New York was in D-Yard September 13, 1971, He was beaten with billy clubs, forced to run the gauntlet, struck numerous times on his front and back, and received some minor lacerations on his face. He did not seek medical attention for his injuries because he feared he would be assaulted again by the prison medical staff. A guard smashed his watch while he was still wearing it. He has been in treatment for three years trying to cope with the emotional distress he claims to suffer as a result of Attica.

Claim of Charles Holley

Mr. Holley of Columbia, Maryland was in D-Yard on September 13, 1971. He was forced to walk through the A-Gauntlet where he was hit on his back, buttocks, and arms with sticks and batons. He was threatened in his cell by corrections officers and that he still suffers from nightmares and flashbacks.

Claim of Kenneth Jack Geising

Mr. Geising of Venice, Florida was in D-Yard on September 13,1971, and sustained welts and bruises when he ran through the gauntlet as well as sore ribs when a guard kicked him. He was struck with a rifle butt and kicked in the back while crawling in the yard. He claims that when he was transferred to Comstock Correctional Facility, the guards continued the abuse by beating and spitting on him. He suffered years of nightmares, extreme depression and paranoia, alcoholism and self-mutila

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tion. He attempted suicide twice, in 1984 and 1989. He has been receiving counseling since his parole in 1972.

Claim of Ernest Bridgeforth

Mr. Bridgeforth of Stone Mountain, Georgia claims that on September 13, 1971 he was beaten on his back, head and legs in D-Yard by a New York State trooper. He was beaten again in the same areas as he went down the A-Yard stairs as well as when he ran the gauntlet. He was beaten once again upon transfer to Green Haven Correctional Facility three days later. He suffers from three deteriorating discs in his spine, as well as nightmares, flashbacks, avoidance problems, crowd problems, and moderate post traumatic stress disorder.

Claim of Charles R. Cratsley

Mr. Cratsley testified on June 8, 2000 in support of his claim. He was present in D-Yard on September 13, 1971 and laid against a wall when the shooting started. He was then directed to go through the tunnel into A-Yard where he was struck on his left rib cage. During testimony, he demonstrated a large bony mass located at the injury site. He claims that he ran through an additional gauntlet on his way back to his cell. He was threatened, sworn at, and felt terrified.

Claim of Robert Henderson

Mr. Henderson, age 54, residing in Rochester, New York, testified in Court in support of his claim on June 12, 2000. He testified that he has permanent scars on his knees from cuts he received while crawling on glass and running the gauntlet. He witnessed the fatal shooting of another inmate at the start of the retaking. He stated that he received a six inch cut on his thigh from the broken glass, and received no medical attention for his wounds. He testified that he was placed in a cell with at least three other inmates and all of them were nude. He testified that once housed in a cell, he was threatened and was forced to stand all the time because there was no room to lie down. He remained there for approximately three weeks.

Claim of George W. Budd, Jr.

On June 12, 2000, Mr. Budd, age 52, residing in Rochester, New York, testified in support of his claim that he was struck twice on the head while crawling through D-Yard and A-Yard. He testified that the inmates were told to put their hands on their heads, noses on the ground, and to not look up. He testified that he was terrorized by guards .while in his cell, and stated that “I thought they were going to Mil us.” He testified that the guards put a gun to his head and pulled the trigger. He testified that his brother, who was also in D-yard at the time, killed himself on the 3rd anniversary of the retaMng (September 13, 1974). After testifying, Mr. Budd observed that “nobody really talks about [Attica],” “nobody wants to talk about it.”

Claim of Thomas Drake

Thomas Drake, age 65, testified on June 13, 2000 that he was in a tent in D-Yard at Attica Correctional Facility on the morning of September 13, 1971. He suffered from the effects of the tear gas and was fearful that he would be shot. During testimony, it was difficult for him to recount the events of that day. He explained that he laid on the ground for approximately one hour in A-Yard where he was struck by troopers and then forced to go through the A-Yard tunnel gauntlet where he was hit a few times by troopers before finally being taken to a cell. He was placed in a cell with three other inmates. The troopers came around looMng for inmates who they believed, took part in the riot by comparing pictures with the inmates in the pells. Mr. Drake testified that if one was identified, he was taken from the cell and “never seen again.”

Claim of. Melvin Marshall

Melvin Marshall, age 51, testified on June 13, 2000 that he was only 19 years of age on September 13, 1971 when he was in D-Yard at Attica. Although Mr. Marshall was only a parole violator, through an

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alleged administrative mistake, he was sent to Attica rather than to Elmira Correctional Facility. He recalls that, on September 13, 1971, the helicopters were hovering overhead and dropping tear gas on the inmates. He laid on the ground and was unable to breathe. He was kicked by a trooper, struck with the butt end of a gun on his head, and was knocked out. He was ordered to take his clothes off and, again, was hit on the side of the head where he was bleeding from cuts above his eyes. With his hands over his head, naked, he ran the gauntlet in the A-Yard corridor where he was beaten extensively. Eventually, he was thrown in a cell with three other inmates. He claims that there was no food for three days and that he was taken outside his cell and beaten by troopers. The inmates were threatened by the guards with shotguns playing Russian roulette. He saw Elliott Barkley get shot and testified that Barkley should have been given credit for saving a lot of lives by preventing another inmate from killing any hostages.

Claim of Arthur Harrison

Arthur Harrison, age 52, Syracuse, New York, testified on June 14, 2000 that he was in D-Yard on September 13, 1971 and heard an announcement from the helicopters, “Put your hands over your head and you will not be harmed.” Tear gas was dumped on the inmates and he sought cover from the shooting. He was shot in the left arm and exhibited to the Court the scar that still exists to this day as a result of that wound. As he went from D-Block into A-Yard, troopers hit him in the head which caused bleeding. He was beaten all over his body. He was told to take his clothes off in A-Yard and he remained there in the nude until he was eventually forced to run the gauntlet through the A-Block corridor, where he was beaten all over his body. He saw another inmate, Thomas Hicks, get shot and killed by a trooper. Mr. Harrison still has vivid memories of that event, testifying that “I never saw human beings treated like this — I still can’t understand the hatred — why all the hatred?” He suffered cuts on his face and knees from broken glass as well as bruises and welts on his head and back from being beaten with clubs while running the gauntlet. He was subjected to hours of constant threats and torture once re-housed in his cell. He continues to suffer from nightmares, cold sweats, frequent outbursts of anger, difficulty with authority, and negative reactions when hearing a helicopter.

Mr. Harrison testified that he had “been waiting for this day” so that he could tell the truth about what happened at Attica. He testified that he thought his prison sentence was the punishment for his crime, and that nobody deserved the treatment the inmates received during the retaking. He testified that just like “too much pressure can break a water pipe,” the pressure of Attica “broke” a lot of men.

Claim of Carl Allen Jr.

Ms. Madden has submitted a claim on behalf of her deceased son, Carl Allen, Jr. She claims that he was badly beaten and sustained injuries to his head, knees, arms, shoulders, and legs. She claims that he sustained permanent injury to his eyes from the tear gas and believes he had to wear glasses as a result. She does not know whether he received medical attention for his injuries. She does claim that her son suffered lasting emotional distress in the form of nightmares and flashbacks. She said he was extremely depressed and that he was never the same after Attica.

Claim of Eugene D. Anderson

Mr. Anderson of Brooklyn, New York is currently incarcerated at Southport Correctional Facility. He was an inmate in D-Yard at Attica on September 13, 1971, and sustained a head injury when guards struck him during an interrogation session after the retaking. He claims that he was seated in front of a blinding light and a book was placed upon his head. The guards struck him on the head when they were not satisfied with his answers. He received medical attention at Green Haven

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Correctional Facility after his transfer but did not receive medical attention at Attica. He continues to suffer from dizzy spells and occasional black-outs.

Claim of John Anderson

Lana Anderson brought this claim on behalf of her late husband, John Anderson, who was an inmate at Attica on September 13, 1971. Ms. Anderson claims that her husband was beaten and sustained a severe head trauma. She stated that he suffered from constant migraine headaches, back pain due to constant spasms, and that he developed alcohol and drug dependency. He also suffered from constant nightmares and would scream in the middle of the night. After her husband was released from prison, she watched him “slip away” from her and the brutality that he experienced in Attica took a great toll on their relationship. She claims that her husband received medical attention for his injuries and that, prior to his death, he continued to receive treatment for his headaches, back pain, and alcohol and chemical dependency.

Claim of Laconia (Connie) Bearkley

Patsy Bradford-Bearkley filed this claim as the legal representative of the estate of her late husband, Laconia Bearkley. Ms. Bradford-Bearkley claims that her husband was severely beaten by guards and troopers on September 13, 1971. He experienced pain and swelling in his legs and feet and his veins showed through his skin. She claims that he suffered from insomnia and attributes his sleep difficulty to Attica.

Claim of Robert L. Brundidge

Mr. Brundidge of Haines City, Florida was an inmate at Attica on September 13, 1971, and was beaten and kicked when, he was moved from D-Yard to A-Yard. He was forced to lay on the ground in a pool of water and he was beaten all over his body while being moved to a cell. He still suffers from headaches and has difficulty sleeping because of nightmares. He claims to have suffered emotional distress for the past twenty-nine years.

Claim of John A. Bryant

Mr. Bryant of East Rochester, New York, stated that on September 13, 1971 á State trooper kicked him in the ribs in D-Yard. His back and shoulders were beaten with a club as he traveled through D-Tunnel and down the A-Block stairs. In the A-Gauntlet, his back and shoulders were again beaten. He did not receive medical attention for his injuries and is currently not receiving treatment. He suffered from shoulder pain from September, 1971 through 1977. He suffered from nightmares from September, 1971 through 1982. He suffers from mild post traumatic stress disorder and continues to have flashbacks.

Claim of Harry Davis

Mr. Davis of Brooklyn, New York, was hit in the stomach with a stick in D-Yard on September 13, 1971. He was beaten on his back and shoulders with sticks in A-Gauntlet. He also was threatened with death after being placed in a cell in A-Block. Mr. Davis did not receive medical attention for his injuries and is not receiving treatment currently. He claims to have lasting emotional distress in the form of mild flashbacks and mild post traumatic stress disorder.

Claim of Robert Peter Eaton

Mr. Eaton of New Orleans, Louisiana was in D-Yard on September 13, 1971. His neck, shoulders, and upper arms were beaten with sticks because he was not stripping fast enough in A-Yard. He was unable to disrobe quickly because his arms had lost circulation and gone limp from having to hold them over his head while lying face down in A-Yard. Although he tried to explain this to the guard, he was threatened and beaten continuously. He was forced to strip, walk naked in a long line, and then forced to run through A-gauntlet where he was beaten when he tried to help an elderly inmate who fell. After being placed in a cell, State troopers stuck their shotguns into his cell and threatened to kill him. Mr. Eaton re

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ceived medical attention and is currently under treatment. He has had acute tendinitis for approximately the past 20 years which he believes is a result of his beatings. He also began experiencing seizures soon after the beatings. He is currently taking medication to prevent his seizures and is currently under the care of a neurologist.

Claim of James H. Fisher

Mr. Fisher of New York, New York was in D-Yard on September 13, 1971. He was beaten on his back, head, and shoulders with axe handles as he ran through the A-Gauntlet. His life was threatened after he was placed in a cell in A-Block. He suffered pain for four weeks from his injuries and continues to suffer from lasting emotional distress as well as fear of law enforcement officials.

Claim of Albert Fowler

Mr. Fowler was in D-Yard on September 13, 1971. He was beaten in D-Yard, D-Tunnel, A-Stairway, A-Yard, A-Gauntlet, A-Tier, and in his cell. His upper shoulders, back, thighs, legs, arms, and stomach were brutalized. While being forced to run through the A-Gauntlet, corrections officers told him they would kill him if he fell and racial epithets were used against him throughout the beatings. After he was placed in a cell, when he asked for some water, he was given a cup filled with urine and forced to drink it. Mr. Fowler did not receive medical care at Attica but did receive medical attention at Great Meadow Correctional Facility after being transferred. The medical staff at Great Meadow told him that he had 120 contusions on his body. He has suffered from intermittent upper and lower back spasms for the last 10 years, and has had lasting emotional distress. He claims that he still suffers from nightmares and flashbacks and that he relives the beatings at Attica everyday.

Claim of James E. Glenn

Joan Williams Glenn brought a claim on behalf of her late husband, James E. Glenn who died on July 25, 1992. Ms. Glenn claims that her husband was beaten when the prison was retaken on September 13, 1971. She claims that his thumb was injured permanently but she does not know if he received medical attention. She claims that her husband did have lasting emotional distress, and that he was extremely impatient, aggressive, and fearful. She claims that he had difficulties with persons of authority and that he had difficulty holding jobs.

Claim of Nathaniel Hall, Jr.

Mr. Hall was in D-Yard on September 13, 1971 and states that officers with sticks beat his arms, back, and shoulders while he was in the A-Tunnel gauntlet. After being beaten, he was thrown into a cell in A-Block. He was in great pain for two months after the beating and he still suffers lasting pain as well as nightmares and flashbacks.

Claim of William Harp

Mr. Harp of Canastota, New York, while in D-Yard on September 13, 1971, was beaten with clubs by State troopers causing bruises and back pain. He did not receive medical attention nor is he currently receiving treatment. He still suffers from back pain as a result of the beating. He also claims to suffer from lasting emotional distress and to be very distrustful of law enforcement officials.

Claim of Homer Hogan

Mr. Hogan of Rochester, New York, stated that, on September 13, 1971, his back and chest were beaten with clubs by State troopers as he walked through D-Tunnel and down the A-Block steps. He was threatened with death when a pistol was placed on his face in A-Yard. His head, back, chest, and stomach were beaten while he ran the A-Gauntlet. After he was placed in a cell, a corrections officer beat his right arm with a night stick. Mr. Hogan did not receive medical care and is currently not being treated. He does claim to have lasting emotional distress in the form of nightmares, flashbacks, avoid-

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anee and substance abuse problems, as well as severe post traumatic stress disorder.

Claim of Calvin Hudson

Mr. Hudson stated that, on September 13, 1971 the back of his head was hit with a rifle butt in D-Yard and he was punched and kicked. His head, shoulders, and back were beaten with sticks in D-Corridor and he was beaten and pushed into a “pile of bodies” from the stairs into A-Yard. He was pulled out of the “pile of bodies” and his dentures were removed from his mouth and smashed. His upper body, head, and shoulders were struck with sticks and rifle butts in A-Gauntlet and his feet, hands, and knees were cut. He was beaten further on the tier. After being re-housed, he was taken in and out of his cell to be beaten. He did not receive any medical attention and he does not currently receive treatment. He suffers from arthritis on the areas of his body that were beaten, such as his elbows, shoulders, and knees. He claims to suffer from lasting emotional distress and to experience flashbacks, nightmares, and night-sweats. Specific stressors for him include helicopters, police officers, and raincoats.

Claim of Judson Lamb

Carol Lyttle filed a claim on behalf of Judson Lamb, her brother, who died on August 20, 1988. Ms. Lyttle claims that Mr. Lamb was beaten by State troopers with clubs on the A-Stairway. She claims that he was beaten all over his body in the A-Gauntlet and that he was taken out of his A-Block cell and beaten by corrections officers with sticks and clubs. She claims that Mr. Lamb had recurring backaches until his death and that he suffered from headaches, nightmares, flashbacks, alcohol abuse, and moderate to severe post traumatic stress disorder. She claims that he did not receive any medical attention for his injuries.

Claim of William Maisonette

Mr. Maisonette of New York, New York stated that, on September 13, 1971, he was beaten with clubs by troopers in D-Yard, D-Tunnel, A-Tunnel, and on the tier. He was punched in the eye on the way to a cell and he had glass embedded in his feet. Mr. Maisonette received medical attention for his injuries but he removed the glass himself. While in the cell, he was threatened with strangulation. He was in great pain for three months as he waited for his wounds to heal. He claims to suffer from lasting emotional distress in the form of nightmares, flashbacks, and hallucinations.

Claim of John Marcus

Mr. Marcus of Bronx, New York stated that on September 13, 1971, his knee was injured in D-Yard and his feet were cut by glass when he ran through the gauntlet. He was threatened with death and guns were pointed into his cell. He did not receive medical attention for his injuries and is not being treated currently. He continues to suffer knee pain and his knee “goes out” and swells. For three years, he had severe post traumatic stress disorder, panic attacks, and flashbacks. As a result of this emotional distress, he was hospitalized for psychiatric treatment at Kings County Hospital and at Brookdale Hospital Medical Center for the period of 1980 through 1983. He still reacts at the sight of helicopters and that he becomes fearful at the mention of Attica.

Claim of Robert Marvin

Mr. Marvin of Middlesex, New York, was in D-Yard on September 13,1971, and was kicked by a State trooper on his buttocks and genitals. He was hit and kicked on the ribs and groin as he was walking down the A-Stairway. While in the A-Gauntlet, he was beaten on his elbows, stomach, back, and buttocks. He was beaten further with night sticks on his stomach, ribs, and elbows as he was thrown into a cell in A-Block. He did not receive medical care and is not in treatment currently. He still experiences elbow and back pain and his ribs are “still out of whack.” He also claims to suffer from lasting emotional distress in the form of post traumatic stress disorder.

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Claim, of Leon Hodari McDonald

Mr. McDonald of Buffalo, New York, stated that, on September 13, 1971, while he was in D-Yard, he was knocked to the ground and beaten by guards on his face, arms, chest, shoulders, sides, back, and legs. Other inmates and law enforcement officials ran over him as he lay on the ground. He was cut by the scattered, broken glass in the A-Gauntlet and was further beaten by a State trooper on his back, legs, and arms. Mr. Roberts suffers from continuing lower back pain, bilateral hip pain, and limited weight bearing ability. He claims to suffer lasting emotional distress in the form of flashbacks, headaches, avoidance problems, nervousness, noise sensitivity, and moderate post traumatic stress disorder.

Claim of William F. Mueller

Mr. Mueller of Buffalo, New York, claims that, on September 13, 1971, he was injured psychologically because of his experiences at Attica. He suffers from nightmares at least twice a month, flashbacks, and mild post traumatic stress disorder. He did not receive any medical attention and is currently not under treatment. He was not injured physically because he was able to dodge the blows by the guards in A-Gauntlet.

Claim of Farragan A. Muhammad

Mr. Muhammad of Silver Spring, Maryland, was in D-Yard on September 13, 1971. His head, shoulders, back, buttocks, and legs were severely beaten by prison officials while he ran through the A-Gauntlet. He told the guards that he had nothing to do with the rebellion but was still forced to run the gauntlet. He received medical attention for his injuries and is still receiving treatment. The beatings he received at Attica have aggravated a back injury he sustained while serving in the Korean War in 1952. Doctors at the Veterans Medical Center have confirmed that his back injury was aggravated by the Attica beating but he provided no medical records to support this claim.

Claim of William Nelson

Mr. Nelson, who is currently incarcerated at Sullivan Correctional Facility, Falls-burgh, New York, and who was an inmate at Attica in D-Yard on September 13, 1971, was beaten with a stick on his neck, face, and back. He was also beaten on his back, front, and legs as he went down the A-Stairway. While running through the A-Gauntlet, he was beaten with sticks on his legs, buttocks, and back. Once in the cell, corrections officers played Russian roulette with him. Mr. Nelson received medical attention for removal of embedded glass from his feet. He still suffers from back pain when it rains and he has a scar on his head. He claims to suffer lasting emotional distress in the form of nightmares, flashbacks, alcohol dependency and moderate post traumatic stress disorder.

Claim of John Newell

Mr. Newell of Buffalo, New York, stated that, on September 13,1971 in D-Yard, his head, arms, elbows, back, stomach, and knees were severely beaten by guards. He still suffers from back pain, elbow pain, and knee pain as a result of these injuries. He is unable to stand or walk for an extended period of time because his knees “give out.” He also has a pinched nerve in his stomach which causes him to have shortness of breath. He received medical care for his injuries and continues to receive treatment. He takes various medications for pain management. He claims to suffer from nightmares and avoids certain television programs which remind him of Attica.

Claim of John Wesey Posey Jr.

Audrey Posey filed a claim on behalf of her late husband, John Wesey Posey, Jr., claiming that her husband was an inmate at Attica in D-Yard on September 13,1971 and that he did not tell her very much about his experiences. He did show her a scar on his head which he claimed resulted from being beaten. She believes that he did receive medical treatment and that he suffered from frequent headaches. She

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also claims that her husband suffered from nightmares until his death.

Claim of Gary Ray croft

Mr. Raycroft of Rochester, New York, stated that, on September 13, 1971, he was in D-Yard and was beaten all over his body with clubs when he was in the A-Gauntlet. His legs were beaten with batons by corrections officers after he was placed in a cell. He did not receive medical attention for his injuries and is not receiving treatment currently. He does not claim to experience lasting physical pain or disability but does claim to suffer lasting emotional distress in the form of flashbacks, avoidance problems, and alcohol dependency.

Claim of Robert Rivera

Mr. Rivera of Denver, Colorado, stated that on September 13, 1971, following the assault, he was stripped and beaten by a line of officers on either side of him. He did not receive medical attention and is not currently being treated. He claims to still suffer from emotional distress and has recurring nightmares about being shot or beaten.

Claim of Bruce Roudette

Mr. Roudette of Dannemora, New York, was in D-Yard on September 13, 1971 and was struck four to five times on his upper and lower back with an axe handle while in the A-Gauntlet. His upper right leg and lower back were beaten with sticks near the A-Staircase. He did not receive medical attention for his injuries and is currently not receiving treatment. He suffers no lasting physical pain or disability but does suffer from lasting emotional distress. He has developed a hatred of authority figures and has flashbacks when surrounded by guards.

Claim of Ouillie Stroud

Mr. Stroud of Brooklyn, New York was in D-Yard on September 13, 1971. A State trooper placed a gun to his head by the doorway to the A-Stairway and the gun fired as a National Guardsman pushed the gun away from Mr. Stroud’s head. He was kicked down the A-Stairway and beaten with sticks on his back, arms, shoulders, and legs as he ran through the A-Gauntlet. His feet and ankles were cut by the broken glass in the gauntlet. He was beaten on the tier and beaten again after being placed in a cell. He was taken out of his cell and threatened with death with guns pointed at his head. Mr. Stroud claims to have been beaten and threatened while being transferred to Green Haven Correctional Facility. He was in pain for at least a month and he did not receive medical attention for his injuries. He claims to have lasting emotional distress from his experiences in the form of nightmares, flashbacks, noise sensitivity, and severe post traumatic stress disorder. He is currently taking anti-depressants and sleeping pills.

Claim of Ezell Vance

Rose Vance of Buffalo, New York, submitted a claim on behalf of her deceased husband, Ezell Vance, who died on May 27, 1999. Ms. Vance claims that Mr. Vance had severe post traumatic stress disorder, although she does not provide any information about the physical injuries he may have sustained in D-Yard on September 13,1971.

Claim of Carl Washington (a/k/a Roosevelt Jones)

Mr. Washington of Pittsburgh, Pennsylvania, stated that, on September 13, 1971, he was thrown off a catwalk and that his wrist was injured in D-Yard. His back and legs were beaten while walking to A-Yard and his buttocks, upper shoulders, and legs were beaten with batons and sticks when he ran through the A-Gauntlet. After he was placed in a cell, a guard struck his injured wrist with a baton and he was threatened with death. He did not receive any medical attention and is not being treated currently. He was in pain for several months after the beating and he currently experiences pain in his wrist. He claims to have suffered from nightmares and continues to have flashbacks,

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especially at the sight of State troopers or helicopters.

Claim of Frederick Williams

Mr. Williams of Brooklyn, New York was in D-Yard on September 13, 1971. His head, back, and shoulders were beaten with sticks in the A-Gauntlet. He was beaten again on his head and on his.buttocks with sticks while passing through the tunnel to a cell. He was further beaten on the tier and tortured in his cell and the guards threatened him with death and played Russian roulette with him. Two days after being placed in a cell, he was interviewed and beaten outside an office. He was in pain for three or four months but he did receive medical attention for his injuries. He still has “knots” on his head from the beatings and to have breathing difficulty from the tear gas dropped by the helicopters. He claims to suffer from emotional distress in the form of flashbacks, nightmares, and moderate post traumatic stress disorder and is very fearful of law enforcement officers.

Claim of Robert S. Ziolkowski

Mr. Ziolkowski of Buffalo, New York was in D-Yard on September 13, 1971. He was struck on his lower back with a metal rod by corrections officers when he ran through the A-Gauntlet. He did not receive medical attention for his injuries and is not receiving treatment currently. His physicians have diagnosed him with a “hot spot” between the L4 and L5 vertebrae which he believes is a result of his injury. He has experienced increasing lower back pain over the years. He claims to suffer from lasting emotional distress in the form of insomnia, nightmares, and inability to form close or lasting relationships.

Claim of William Wooden

On June 19, 2000, Mr. Wooden testified in support of his claim. He stated that, on September 13,1971, he was hit a few times in the corridor between D-Yard and A-Yard and that he was hit in the back and kidneys with sticks while in A-Yard. He also testified that he was forced to run the gauntlet where he was again beaten. After being placed in a cell, he was threatened by guards pointing guns in his cell and playing Russian roulette. He testified that he is “just thankful to be alive”. He claims that he still has nightmares and flashbacks.

Claim of Robert Edwards

On June 19, 2000, Mr. Edwards testified in support of his claim. He stated that, on September 13, 1971, he watched as two men near him were shot during the retaking assault. He and other inmates were told to strip, and walk in the “snake line”. His eyeglasses were smashed and his dentures ruined. He also testified that he was forced to run the gauntlet and was beaten with axe handles on his back, legs, face and head. He suffered pain for five years and suffers from severe post traumatic stress disorder. He testified that he still has nightmares about the incident which are “very disturbing”.

Claim of George Che Nieves

On June 19, 2000, Mr. Nieves testified that, although he did not suffer any serious physical injuries during the September 13, 1971 retaking, he suffered traumatic psychological injuries. While entering A-Yard, he was punched and beaten and pushed to the ground and forced to crawl in the mud. He testified that a guard pulled him over to a wall and made him lean against it, using only his forehead for support. The guard then placed a big black “X” on Mr. Nieves back. Once rehoused, the guards tortured him by giving him conflicting orders to either place his chin on a bar, or to remove his chin from the bar.

Claim of Leon Butcher

Mr. Butcher testified on June 20, 2000 that on September 13, 1971, after the shooting stopped, he was kicked down the A-Yard steps, was forced to strip, and was hit on his shoulder and back. He testified that he was beaten all over his body while running the gauntlet, and that he had a cocked gun pointed at him as he was try

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ing to help a fellow inmate who was bleeding. He stated that the guards tortured him with Russian roulette. He stated that he did not receive any medical attention while at Attica and that he is not currently being treated for any injuries. He suffers from chronic disk problems in his back, nightmares, flashbacks, substance abuse problems, and severe post traumatic stress disorder. Mr. Butcher testified that with respect to the violent nature of the retaking, “[fit’s something that never should have happened.”

Claim of Ronald L. Morris

On June 20, 2000, Mr. Morris testified that on September 13, 1971, he received physical injuries from severe beatings by troopers and corrections officers, and that he was struck by ricocheting concrete caused by bullets. He testified that even after the main volley of gunfire, random shots were heard. He testified that he was burned with cigars and cigarettes on his wrists, and that a gun was stuck in his mouth while he was in his cell. He also claims that officers destroyed his personal property, including clothing, legal property, and commissary items. He asserts that he did not receive medical treatment either at Attica or at Green Haven where he was transferred after the uprising. He claims that the emotional and mental pain and suffering will never leave him.

Claim of Saladin Hadid a/k/a Charles Budd

Mr. Hadid testified that, on September 13, 1971, when the retaking began, he lost consciousness and came to when a trooper struck him in the back with a rifle butt. Disoriented, he was struck and taken to A-Yard where he was forced to crawl in the mud. He testified that in order to avoid injury to his feet, and to preserve his dignity, he walked through the gauntlet, receiving several severe blows to his body. As Mr. Hadid put it, he was “a bloody mess” when he emerged from the gauntlet. Once rehoused in his cell, he was offered only pork products to eat and was not able to eat for days. He testified that the guards terrorized him and his cell mates. He continues to suffer from back problems, and emotional problems such as substance abuse problems, nightmares, and flashbacks.

Claim of Moses L. Oliver

Mr. Oliver traveled from Florida to testify on June 20, 2000 in support of his claim. He testified that, on September 13, 1971, he was beaten up “pretty good” during the retaking, and was told by a trooper that he would be killed because “we haven’t killed enough niggers.” He testified that he was beaten on his back, and that he has back problems to this day. He also testified that he suffers emotional problems, and that he gets nervous and thinks about the retaking everyday. He also suffers from flashbacks. In summarizing his experience during the retaking, Mr. Oliver stated that “they didn’t treat us right ... Gas [would have been] enough to put down the riot, but the troopers had the O.K. to kill.”

Claim of Richard Lee Johnson

Mr. Johnson testified on June 20, 2000 that, on September 13, 1971, he was pushed into A-Yard, was forced to strip, and was hit all over his body by troopers, including a blow to his knee with a rifle butt. He testified that he was forced to run the gauntlet, where he was hit on his legs and shoulders. His knee still hurts and he suffers from mild post traumatic stress disorder, nightmares, and flashbacks. He claims that he lost his hair as a result of his experiences during the retaking. Mr. Johnson concluded that “I don’t know why [the retaking] happened like that — nobody should have got killed.”

Claim of Edward F. Burgio

On June 20, 2000, Mr. Burgio testified that he was in D-Yard on September 13, 1971, standing near the negotiating table when the retaking began. He testified that even while the announcement to surrender was being made, along with the promise to the inmates of safety, tear gas was being dropped and troopers were

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shooting “intensely” at the inmates. He testified that after being forced to strip, a trooper ripped Burgio’s wedding band off his finger, struck it with his baton, and threw it to the ground. When Burgio asked “why did you do that” the trooper struck him with his baton on his shoulders, hips, and legs. Mr. Burgio testified that he never found his wedding ring.

Mr. Burgio testified that he was forced to run the gauntlet, and that the officers used two-by-fours to hit inmates as they ran through it. He testified that he was rehoused in a cell with two other inmates, and that he received no medical attention despite bleeding from cuts and bruises on his body. He suffered immense pain for two months following the beatings and still has pain in his back and hips when it is cold. He suffers from nightmares, flashbacks, and sleep disorders. Mr. Burgio summed up his testimony by stating that the retaking “could have been handled in a much better way” and that the killings were “totally unnecessary” and “could have been prevented.”

Claim of Dan Gayden

Mr. Gayden testified on June 20, 2000 that, on September 13, 1971, he was hit and pushed to the ground in D-Yard; pushed, beaten and stripped in A-Yard; and beaten on his head, back and genitals after being pulled out of the snake line in A-Yard. He testified that he passed out from the beating and that when he came to, he was forced through the gauntlet where he ran over broken glass and was hit again. He testified that, on the way to his cell, he was jabbed three times in the back with a bayonet. He testified that he had blood in his urine for some time after the beatings and still suffers from continuing lower back pain. He testified that he suffers from nightmares and occasional flashbacks. Mr. Gayden said surviving the retaking was like “being in a war,” and that he hopes that “nothing like this ever happens again.”

Claim of Ralph J. Centolella

Charlene Centolella of Florida brought a claim on behalf of her deceased husband, Ralph J. Centolella, who was an inmate at Attica in D-Yard, on September 13, 1971. She claims that he was released earlier than scheduled because he assisted Nurse Swift, other inmates, and guards during the riot. She claims that her husband suffered from severe emotional distress in the form of nightmares, restlessness, and night sweats. She claims that he would often scream and kick while asleep. Ms. Centolella is unaware of any physical injuries suffered by her husband.

Claim of Daniel DeShields

Mr. DeShields of Rochester, New York, was 27 years old when he was an inmate at Attica on September 13, 1971. He witnessed other inmates die from gunshot wounds in D-Yard and he was stripped and forced to run the A-Gauntlet where he saw more inmates die. Mr. DeShields claims to suffer from lasting emotional distress in the form of nightmares and alcoholism. He was treated for his alcoholism and has been sober since November, 1999.

Claim of William E. Fisher

Mr. Fisher of Corning, New York, was in D-Yard on September 13, 1971. He was beaten on his head and body while being forced to run the A-Gauntlet. His dentures were seized by a State trooper who threw them up in the air and hit them with a baton causing them to break. He received no medical attention and is not currently in treatment. Mr. Fisher suffers from recurrent headaches as a result of his beatings. He claims to suffer from lasting emotional distress in the form of sleep difficulty and nightmares.

Claim of Guy Jackson

Mr. Jackson, who is currently incarcerated at Elmira Correctional Facility, Elmi-ra, New York, and who was an inmate at Attica in D-Yard on September 13, 1971, stated that he was forced to run over the broken glass in the A-Gauntlet and that he was struck on his right hip with a rubber

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hose and bat on his way to the tier. He was then “chased into a cell and locked in.” He had embedded glass fragments in both feet for more than a year and half after the riot. He did not receive medical attention for his injuries and is currently not being treated. He is unable to sleep on his right side because of pain and stiffness in his hip bone. He has limited weight bearing ability and limited range of motion in the right hip area. Mr. Jackson also claims to suffer from migraine headaches, flashbacks, nightmares, and agoraphobia.

Claim of Taylor A. Johnson

James C. Johnson of Stanford, Connecticut, filed a claim on behalf of his deceased brother, Taylor A. Johnson, who was an inmate at Attica in D-Yard on September 13, 1971. Mr. Johnson claims that his brother was kicked in the back while he was “out in the yard.” After the riot, his brother was transferred to Green Haven Correctional Facility. Mr. Johnson claims that his brother did receive medical attention for his injuries but is unable to provide information regarding lasting physical or emotional pain.

Claim of William Outlaw

Dorothy Outlaw of Westbury, New York, brought a claim on behalf of her deceased son, William Outlaw, who was an inmate at Attica in D-Yard on September 13, 1971. Ms. Outlaw claims that her son was beaten, kicked, stomped on, and spit on in A-Yard. She claims that her son was beaten with sticks on the head, back, and legs as he ran through the A-Gauntlet. She claims that his life was threatened after being placed in a cell, and was beaten again, en route to the hospital. Ms. Outlaw claims that her son suffered lasting physical pain in his back and head, as well as lasting emotional distress in the form of nightmares, flashbacks, and irritability.

Claim of Michael Phillips

Rebecca Phillips of Brooklyn, New York, brought a claim on behalf of her deceased son, Michael Phillips, who was an inmate at Attica in D-Yard on September 13, 1971. Ms. Phillips claims that her son was beaten on all parts of his body as he ran through the A-Gauntlet. She claims that he was beaten again in D-Yard, and further beaten on his face and head by a corrections officer and State trooper after being placed in a cell in A-Block while he was handcuffed to the bars. Mr. Phillips did not receive medical attention after the riot. His mother claims that he suffered from severe headaches until his death. She also claims that he suffered from lasting emotional distress in the form of nightmares, flashbacks, conflict avoidance, substance abuse, and severe post traumatic stress disorder.

Claim of Robert James Phipps, Jr.

Kenneth L. Phipps of Atlanta, Georgia, and Valerie Phipps-Jewell of Decatur, Georgia, filed this claim on behalf of their deceased father, Robert James Phipps, Jr., who was an inmate at Attica in D-Yard on September 13,1971. They claim that their father was severely beaten in A-Yard and in the A-Gauntlet. They claim that their father’s injury led to swallowing difficulty and persistent vomiting of blood. They claim that Mr. Phipps suffered from severe stomach pains until his death. They also claim that he suffered from mental anguish, nightmares, and alcoholism, which led to him becoming homeless and estranged. Mr. Phipps Jr. died of cirrhosis of the liver in 1976.

Claim of Robert Robinson

Mr. Robinson who is currently incarcerated at Watertown Correctional Facility, and who was an inmate at Attica, in D-Yard on September 13, 1971, stated that he was forced to strip and run through the A-Gauntlet where he was beaten with clubs on his back and head. After being placed in a cell with three other inmates, Mr. Robinson was transferred to Com-stock Correctional Facility where he was given Thorazine, a heavily sedating anti-psychotic drug, for at least ten days. He was in a stupor and can vaguely remember seeing a doctor who gave him painkillers

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for his injuries. Mr. Robinson suffers from lasting pain in his back and from headaches. He claims to suffer from lasting emotional distress in the form of nightmares and noise sensitivity, especially the sound of a helicopter.

Claim of Lucius Shuler

Burdell Shuler of Bronx, New York, brought a claim on behalf of her deceased husband, Lucus Shuler, who was an inmate at Attica, in D-Yard on September 13, 1971. Although Ms. Shuler does not list any injuries her husband may have sustained, she does indicate that he received medical attention following the retaking.

Claim of Phillip Peryea

On June 21, 2000, Mr. Peryea testified in support of his claim. He was struck in the back and legs by corrections officers with gun butts and nightsticks. He also was jabbed in the anus with a nightstick while in D-Yard. He testified that a State trooper took his watch off his wrist, stepped on it, and laughed. He was kicked down the steps into A-Yard and forced to crawl through the mud. He was beaten in the A-Tunnel gauntlet and as a result, claims to suffer from lasting pain to his back and legs. Additionally, he suffers from nightmares, flashbacks, and fear of police.

Claim of James Smith

James Smith, age 59, testified in support of his claim on June 26, 2000. He was in D-Yard on September 13, 1971 and heard the helicopter approach, saw gas dropped on the inmates, and heard the shooting begin, he testified that at that point, “[a]ll hell broke loose.” After the shooting stopped, he was put through two gauntlets — one on the ground floor in A-Block and one (much more extensive) on the tier in A-Block where he received extreme injuries to his stomach. As with many other former inmates, he was very emotional. He suffers obstruction of his carotid arteries which his doctor attributes to the extensive beating he received on September 13, 1971 particularly the beating he received directly to his stomach. Upon being placed in the cell with other inmates, he was harassed by the guards and troopers. He continues to suffer from nightmares and flashbacks to this day.

Claim of Rodney Zobrist

Rodney Zobrist, age 56, testified on June 26, 2000 that when he saw the helicopter releasing tear gas on the inmates in D-Yard on September 13, 1971, he immediately hit the ground for safety. He saw troopers shooting at random and saw various inmates hit by gunfire. After the shooting subsided, a trooper saw Mr. Zo-brist smiling, and put a shotgun in his mouth to “wipe” the smile off his face. A fellow inmate named Charles Beard intervened and told the trooper, “He’s only smiling because he’s very nervous — don’t hurt him.” Mr. Zobrist testified that he is eternally grateful for Mr. Beard’s intervention. Mr. Zobrist was forced to strip in A-Yard, was pushed down the A-Yard steps and was beaten with gun butts. He has a permanent bump on his head from the beatings, and the bump drains fluid periodically. He saw defenseless prisoners being shot for no reason. He claims continuing nightmares and disability due to his back problems, and has been disabled since 1996.

Claim of John Doe # 2

Mr. Doe, who was an inmate at Attica, in D-Yard, on September 13, 1971, claims that he was struck on the back of his head while leaving D-Yard. He was struck in the stomach with a rifle butt by a State trooper in the cell block area. Mr. Doe claims that he was identified as one of the “leaders” and was confined to Housing Block Z until the district court ordered his release. After his release, he was sent to Green Haven Correctional Facility and, two days later, was transferred back to Attica. He suffers from persistent abdominal pain which has not been diagnosed despite several medical examinations. He also claims to suffer from lasting emotional distress in the form of nightmares, night sweats, repetitive thought of Attica, and

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irrational fears of being killed. He states, “I honestly do not recall one day in the past 28+ years that I haven’t had a thought about the riot and its never-ending aftermath. For me, it will never end.”

Claim of Tommy Ferrell

Mr. Ferrell of Buffalo, New York, who was an inmate at Attica, in D-Yard, on September 13, 1971, was beaten in the A-Yard corridor and in the A-Gauntlet. He sustained lacerations and bruises. He was struck on the back of his head with a club and both his knee caps were beaten with nightsticks which left permanent scars. Mr. Ferrell did not receive medical treatment and is not currently receiving treatment. He claims to suffer from lasting emotional distress and claims to have difficulty relating to his wife and children.

Claim of Roger Fields

Mr. Fields who was an inmate in Attica, in D-Yard, on September 13, 1971, was beaten and threatened in A-Gauntlet and in A-Block. His right hand, lower back, rib cage, and stomach were injured as a result of these beatings. Mr. Fields did receive medical attention and is not currently under care. He continues to experience lower back pain. He claims to suffer from lasting emotional distress in the form of nightmares, flashbacks, and sleep difficulty. He states, “it still wakes me up at night.”

Claim of Edward Hodge

Mr. Hodge of Buffalo, New York, who was an inmate at Attica, in D-Yard, on September 13, 1971, was kicked down a flight of stairs while he was being transported from D-Block to A-Block and a shotgun muzzle was placed directly in his face. In A-Yard, he was forced to lay face down on the ground and was struck numerous times on his back. He was forced to run through the A-Gauntlet where his back and sides were beaten with sticks. Mr. Hodge did not receive medical attention but is currently receiving care. He suffers from back pain, neck pain, headaches, and a lower lumbar sprain. He claims to suffer from lasting emotional distress in the form of depression and anxiety for which he takes medication.

Claim of Thomas Hagan

Mr. Hagan of Brooklyn, New York, who was an inmate at Attica, in D-Yard, on September 13, 1971, stated that he was “gassed” during the retaking.

Claim of Joseph R. Healey

Mr. Healey of Orlando, Florida, who was an inmate at Attica, in D-Yard, on September 13, 1971, stated that he was forced to strip and crawl through the A-Gauntlet where he beaten by corrections officers. He sustained lacerations due to the glass in the gauntlet. Mr. Healey did not receive medical attention. He claims to suffer from lasting emotional distress in the form of general distrust towards other people.

Claim of Harold F. Hinkle

Carolyn A. Hinkle of Buffalo, New York, brought a claim on behalf of her deceased husband, Harold F. Hinkle, who was an inmate at Attica, in D-Yard, on September 13, 1971. Ms. Hinkle claims that her husband was forced to strip and was beaten with clubs, sticks, and other hard objects all over his body. She claims that he suffered cuts and gashes as a result of having to run over the glass in the A-Gauntlet. Mr. Hinkle received medical attention for his injuries but suffered lasting pain and disability until his death on December 21, 1977. She also claims that he suffered from emotional distress.

Claim of Young B. Jones

Kathleen Y. Wiggins-Jones of Eggerts-ville, New York, brought a claim on behalf of her deceased husband, Young B. Jones, who was an inmate at Attica, in D-Yard, on September 13, 1971. She indicates that her husband received medical attention but suffered from lasting back pain and ulcers. She also claimed that he suffered from lasting emotional distress in the form of nightmares, night sweats, insomnia, con

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flict avoidance, blackouts, chain smoking, and noise and visual sensitivity.

Claim of Gary D. Keator

Mr. Keator of Germantown, New York, was an inmate at Attica, in D-Yard, on September 13, 1971. His head was beaten with clubs by State troopers and corrections officers. He did not receive medical treatment and suffers from constant headaches. He claims to suffer from lasting emotional distress in the form of nightmares.

Claim of John L. King

Mr. King

of

Buffalo, New York, who was an inmate at Attica, in D-Yard, on September 13, 1971, was beaten in D-Yard and in the A-Gauntlet with a rifle butt all over his body. He was knocked to the ground, forced to strip, and forced to crawl up the A-Stairway into A-Yard where he was beaten again. He was beaten further all over his body, especially his back while going from A-Tunnel to a cell in A-Block. Mr. King received medical attention and is not currently under treatment. He suffers lasting back pain as a result of his injuries. He claims to suffer from lasting emotional distress in the form of nightmares and flashbacks. He states, “I am 80 years old, and yet the older I get, the more I think about Attica, especially when I hear a helicopter.”

Claim of Preston Thomas

Preston Thomas, age 54, of Rochester, New York testified on July 12, 2000 that he was in D-Yard on September 13, 1971 and that he was struck in the hand by a rifle butt in the hand. He was ordered to crawl toward A-Yard from D-Yard and he was hit with clubs, rifle butts, and kicked as he went through the corridor into A-Yard. Once in A-Yard he was told to strip and was put into the “snake line” until he was forced to run the A-Gauntlet. He was beaten on his knees, body, arms, legs, chest, and genitals and his feet were bleeding from running over broken glass. He was placed in a cell with three or four other inmates and was not given any clothing until three days later when he was transferred to Green Haven Correctional Facility. He received no medical attention. He and other cell mates were constantly harassed so that they could not get any sleep. He continues to suffer from pain in his knees which still swell on occasion. He suffers from nightmares and flashbacks, especially when he sees helicopters, State troopers, or the color orange.

Claim of Charles Walker

Mr. Walker of the Bronx, New York, was an inmate in D-Yard on September 13, 1971, and he sustained injuries during the retaking of the prison. He stated in his claim that he was beaten all over his body with nightsticks while being moved from D-Yard to A-Yard, that he was kicked in the head while crawling in A-Yard, and was beaten all over his body in the gauntlet. He now suffers from headaches, and has knots on his head and forehead from where he was hit. He suffers from emotional distress including flashbacks, and distrust of authority. He claims that Attica caused him to become very angry and as a result he has difficulty fitting in socially with people. He claims that he has been unable to hold a job, and has been in and out of jail because of his experience at Attica.

Claim of Frederick Bonamo

Mr. Bonamo, who is currently incarcerated at the Raybrook Correctional Facility in Raybrook, New York, was injured in D-Yard on September 13, 1971. On July 14, 2000, a conference call was held with Mr. Bonamo during which he supplemented the claims made in his claim form. Mr. Bonamo was beaten in D and A-Yards, and was forced to run the gauntlet. He sustained permanent scars as a result of a blow to his forehead. He suffers from nightmares and lasting emotional distress.

Claim of Kenneth Gaynor

Mr. Gaynor, who is currently incarcerated at Union County Jail in Elizabeth, N.J., was an inmate in D-Yard on September

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13, 1971, and he was injured during the retaking. A telephone conference was held with Mr. Gaynor on July 14, 2000 at which time Mr. Gaynor further explained the injuries described in his claim form. Mr. Gaynor suffered from breathing problems resulting from his exposure to tear gas, and was beaten repeatedly in the gauntlet. After being rehoused in A-Block, he was taken out of his cell and beaten again. Following the retaking, he was put in solitary confinement for nine months as an accused leader of riot. He suffers from continued pain in his left shoulder, headaches, and emotional distress including depression and anxiety.

Claim of Henry Blake

Mr. Blake filed a claim stating that he is a class member, and that he was injured during the retaking of the prison. He was beaten on the way to A-Yard on his back and shoulders by officers wielding rifle butts and when he got to A-Yard, he was beaten again, walked on, urinated on, and spat on. He was beaten on his back, arms, and wrists in the gauntlet and was terrorized in his cell. He suffers from back problems and has severe avoidance problems brought on by seeing helicopters and Attica films. He also suffers from flashbacks and nightmares.

Claim of Nicholas Cardaio

Mr. Cardaio, of New Gardens, New York, filed a claim in which he indicates that he is a class member and that he was injured during the retaking. He was beaten on his back and on the back of his head while moving from D-Yard to A-Yard, and was beaten in the gauntlet and was hit in the face on his way up the stairs to his cell. He was nearly knocked out from a blow that landed behind his right ear and states that he suffers nerve damage on the right side of his face as a result of that blow. He urinated blood for several months after the retaking and continues to suffer nightmares, flashbacks and anxiety in large crowds.

Claim of Jesse Barnett

Mr. Barnett of San Francisco, California, who was an inmate ■ at Attica, in D-Yard, on September 13, 1971, was brutally beaten by State troopers and corrections officers whom he stated also spat on his food. Mr. Barnett received medical attention for his injuries but is not currently receiving treatment. He suffers from lasting physical pain, as well as from lasting emotional distress including nightmares and noise sensitivity.

Claim of Pedro Barreto

Victoria Barreto of Brooklyn, New York, brought a claim on behalf of her deceased husband, Pedro Barreto, who was an inmate at Attica, in D-Yard, on September 13, 1971. Ms. Barreto claims that her husband was beaten in the A-Gauntlet. She claims that her husband suffered lasting emotional distress in the form of nightmares, flashbacks, and sleeping difficulties. She also claims that her husband was depressed up until his death in November, 1996.

Claim of Richard Campbell

Mr. Campbell of Elmira, New York was an inmate at Attica, in D-Yard, on September 13, 1971, and was beaten in the staircase leading to A-Yard. His back and legs were beaten as he ran through the A-Gauntlet. He did not receive medical attention and is not currently receiving treatment., He suffers from lasting physical pain as well as from lasting emotional distress. He claims to suffer from nightmares and flashbacks.

Claim of Otis Carroll

Jewerl Carroll of New York, New York, brought a claim on behalf of her deceased brother, Otis Carroll, who was an inmate at Attica, in D-Yard, on September 13, 1971. She claims that her brother was beaten with sticks and bats on his back, arms, shoulders, and neck while he ran through the A-Gauntlet. She claims that her brother suffered from lasting physical pain and had difficulty walking. She also claims that her brother suffered from last

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ing emotional distress in the form of nightmares, flashbacks, and severe post traumatic stress disorder.

Claim of Recardo Craig

Mr. Craig, age 57, testified on August 7, 2000. Mr. Craig was an inmate at Attica in D-Yard on September 13, 1971 and was kicked on his head and beaten on his body with sticks and gun butts by State troopers. He was naked when he was placed in a cell for at least 48 hours and a State trooper entered his cell, accused him of “fishing the gallery,” and knocked him into the toilet with a gun causing injury to his face and mouth. That same State trooper verbally abused him and told him he could kill him because the count of inmates was still incomplete (as of that time). Mr. Craig did not receive medical treatment and is not currently receiving treatment. He claims to suffer from headaches, as well as lasting emotional distress in the form of periodic bouts of depression.

Claim of Clarence Irons

Clarence Irons, age 60, of Rochester, New York, testified on July 11, 2000 that he was in D-Yard on the morning of September 13, 1971 when the tear gas was dropped on the inmates. He was beaten in D-Yard, as he went into A-Yard, and again in A-Yard. He was stripped nude in A-Yard and was- hit on the head and back and was forced to run through the gauntlet where he suffered additional injury to both his head and back. He was transferred to Green Haven Correctional Facility where he remained for a year. He was eventually discharged in 1974. He suffers from flashbacks which, on occasion, can be brought on by the sound of helicopters which cause him to withdraw.

Claim of James Hartery (alk/a James Diggs)

James Hartery,, age 51, of Rochester, New York, was in D-Yard on the morning of September 13, 1971. His eyes and throat burned from the tear gas and he vomited. He felt he was going to die. As he lay on the ground in D-Yard, a trooper kicked him in the side of his head and a guard kicked him in his right ribs. He then proceeded to A-Yard and was again beaten. He was naked lying down in A-Yard and eventually ran the gauntlet. He was beaten, cut his feet as he ran through on broken glass, and again beaten on his way to a cell in A-Block. He stayed in the cell for one week and was transferred to Comstock Correctional Facility. He received no medical attention at Attica. He received no food until September 15, 1971, and then received only a sandwich. He has problems taking orders, doesn’t trust authority, and has difficulty holding a job.

Claim of Calvin Allen

Calvin Allen, age 53 of Rochester, New York, testified in support of his claim on July 10, 2000. He was beaten with axe handles by 20 guards as he ran through the gauntlet and again as he ran up the steps to his cell in A-Block. He injured his knees on the steps on his way to his cell and he claims it still gives him trouble. A trooper threatened to kill him while he was in his cell. He claims he suffered a great deal of mental anguish and still has flashbacks to that unfortunate occasion in his life.

Claim of Michael Lewis

Michael Lewis was in Housing Block Z on September 13, 1971, but that he was taken to D-Yard and beaten with a stick over the left eye and all over his body. He was beaten on the way to A-Yard even though he still had handcuffs on. He was beaten in the A-tunnel gauntlet and then taken to Housing Block Z where he was beaten again. He was hit in the head when in his cell and a rifle was pointed at him and he was threatened with death. His knee and leg still bother him and he continues to suffer from nightmares, flashbacks, and post traumatic stress disorder.

Claim of Michael Cerami

Michael Cerami, age 77, testified on July 12, 2000 that he was an inmate in D-Yard at Attica on September 13, 1971. He was extremely emotional. He suffered mental,

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emotional, and psychiatric problems which ultimately required confinement in the Dannemora State Hospital for the mentally ill in December of 1971. He had been beaten with the butt of a State trooper’s rifle on September 13, 1971 requiring medical attention. He was forced to run the gauntlet and his feet were cut by running over broken glass. He claims to suffer post traumatic stress disorder and still claims to be mentally disturbed as a result of the trauma of that incident.

Claim of Ronald Coyne

Ronald Coyne (a/k/a Whitey), age 59 testified on July 12, 2000 in support of his claim. He was beaten in D-Yard on September 13, 1971 by guards who wielded clubs and rifle butts. He was struck many times about his head and his body. He was taken to a cell block and was told to run up and down the hallway as they beat him with their nightsticks. He still has scars on his shoulder and suffers continuing emotional problems.

Claim of Carl Suddith

Carl Suddith, age 53, testified in support of his claim on July 12, 2000. On September 13, 1971 while an inmate at Attica in D-Yard, he was beaten with a rifle and a nightstick as he was ordered to crawl from D-Yard to A-Block. He was put in a strip cell where he remained for 11 days. He did not receive any medical attention for four days. Eleven other inmates were with him in the cell, all of whom were naked. He received no medical treatment except for aspirin or a gauze bandage, and saw no doctors. He was then transferred to E-Block and put in a diagnostic ward because “I almost lost it.” He claims that he still suffers from post-traumatic stress disorder.

Claim of George Mitchell

George Mitchell, age 61 of Cheektowaga, New York, testified on July 12, 2000 that on September 13, 1971 he was in D-Yard at Attica. He was struck in the knees, upper torso, shoulders, and buttocks, and also received a deep laceration to his right foot while running through the gauntlet. He displayed an approximately two inch scar on his right forehead above his right eyebrow, and explained that it was a result of being pushed into the cell bars by a corrections officer. He now suffers from chronic pain in his right shoulder and left knee and is plagued by nightmares and fear of low flying helicopters and planes. His left knee has a permanent scar from the injury. He feels he was singled off for specialized treatment because his picture appeared near the negotiating table and the assumption was made that he was one of the leaders. This was not so. A trooper pointed a shotgun at him and played Russian roulette with him which terrorized him. He described it as a “living hell.”

Claim of Louis Sinclair Scott

Louis Sinclair Scott, age 58, of Rochester, New York testified in support of his claim on June 28, 2000. He was injured while going to A-Yard on September 13, 1971. His friend, L.D. Barkley, was shot and he, along with another inmate, carried him to A-Block corridor and set him down. The troopers would not allow Mr. Scott to carry Barkley further. Mr. Scott was beaten and struck with gun butts. In the A-Block Yard, he was ordered to lay down naked, face down in the mud, and was beaten. He ran the gauntlet and was hit on the head and could not breathe. He was eventually taken to a cell in A-Block and remained there for 30 days. On the day of the riot, he was supposed to be released but was kept an additional 36 days over his release date because of the riot.

Claim of James Lee Asbury

James Lee Asbury, age 49, testified on July 5, 2000 in support of his claim. Mr. Asbury resides in Winston-Salem, North Carolina and on September 13, 1971 was an inmate in D-Yard at Attica. He testified that it had rained heavily the night before and D-Yard was muddy. Realizing that the end of the riot was in sight and that this was “not a picnic or a lark,” they prepared for the worst. Mr. Asbury testi

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fied that when the helicopter came over and dropped tear gas on the inmates, “everything broke loose.” He was pushed to the ground and struck with the butt of a rifle by a trooper. L.D. Barkley protected him and ended up getting shot. Mr. As-bury testified that Barkley died in his arms. From then on he was in a daze. Everywhere he looked he saw only blood and water. He was moved into A-Yard where was stripped, and where he heard screams from people entering the A-Corridor gauntlet. He was traumatized and felt he would be the next to be killed. He ran through the gauntlet and was hit and was cut by glass when he slipped on the floor. He ran up the A-Block steps and was placed in a cell in A-Block. He received back and hand injuries from covering his head while being struck running the gauntlet. He was also beaten in the groin area. Once rehoused, the officers terrorized him by pointing their guns at this face and pulling the trigger. ' He still claims to suffer from emotional distress including nightmares and paranoia. He was grateful for the opportunity to testify and considered it “important to tell how a 20-year old felt about going through all of this.”

Claim of Lorenzo Skinner

Lorenzo Skinner, age 64, testified on June 27, 2000. He told the court that the gas was dropped from the helicopter, he was caught “in an unbelievable barrage of gunfire that seemed to be coming from everywhere.” He testified that he was nearly killed by tear gas canisters that were exploding all around him. A State trooper pointed a gun at his head while he was on his knees with his hands covering his face and head. He claims that the trooper fired his gun, hitting and killing the inmate next to him. The same trooper shouted words and commands that Mr. Skinner was unable to understand and then pushed him face down into a mud puddle and told him not to move or he would be killed. Mr. Skinner feared that he would drown and he swallowed large amounts of water through his mouth and nose but was eventually able to move his face enough sidewards to breathe air through his mouth. He was forced to run the gauntlet — naked and barefooted over broken glass and was beaten viciously. He was placed in a cell with two other naked prisoners with no mattress, blankets, or clothing. He began to suffer chest congestion and sinus problems which continue to this day. He continues to complain of hypertension and migraine headaches. Mr. Skinner testified, “I never believed such mayhem and madness could happen, I lost my mind that day — the madness — the misuse of people- — I didn’t deserve it.”

Claim of Robert James Smith

Mr. Smith was scheduled to testify on August 7, 2000 but failed to appear. His claim indicates that he was at Attica, in D-Yard, on September 13, 1971, and that he received cuts to his feet from running through the gauntlet and was beaten extensively on his head and shoulders as he ran through the gauntlet. He claims continued depression, flashbacks, and fear of police.

Claim of Larry Davis

Mr. Davis testified on August 7, 2000. He was an inmate at Attica on September 13, 1971 and in D-Yard on the morning of that day. During the retaking, he was struck and beaten with sticks all over his body in D-Yard and in the A-Gauntlet. He has lasting problems with his shoulders and continued emotional distress including nightmares, flashbacks, substance abuse problems, and avoidance problems. He had been at Attica one week before the uprising and had no choice but to go to D-Yard once directed by the insurgent inmates.

Claim of Jake Lake

Alice Lake of Rochester, New York, brings this claim on behalf of her deceased husband, Jake Lake, who was an inmate at Attica, in D-Yard, on September 13, 1971. She claims that he was struck with sticks and rifle butts on his head, arms, feet, and

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back. She also claims that her husband was “jabbed in his rectum.” She claims that he suffered from lasting pain as a result of his injuries, including headaches and dental problems. She also claims that he suffered from lasting emotional distress in the form of flashbacks, nightmares, fear of sharp objects, and anxiety for which he took psycho-tropic medications.

Claim of Philip Myhand

Mr. Myhand was an inmate in D-Yard on September 13, 1971. He was beaten several times and had his personal property destroyed. He now suffers from arthritic knees, bad eyesight, headaches, and nightmares. He claims that he is unable to hold a job because of the emotional strain he still feels from Attica.

Claim of Richard Robin Palmer

Mr. Palmer testified on July 25, 2000 that he was an inmate in D-Yard on September 13, 1971. Although Mr. Palmer admits that he suffered no physical injuries during the retaking, he did testify that he ran the gauntlet and was beaten by officers wielding sticks. He additionally testified that he suffers from emotional distress.

Claim of Donald E. Holloman

Mr. Holloman of Buffalo, New York, stated that he did not receive any lasting injuries as a result of the retaking of Attica. He provided no details as to whether or not he is a class member but his prison records reflect that Mr. Holloman was in D-Yard on September 13,1971.

Claim of Mack Austin, Jr.

Latisha Nadia Poles of Rochester, New York, brought a claim on behalf of her deceased father, Mack Austin, Jr., who was an inmate at Attica, in D-Yard, on September 13, 1971. She claims that her father was beaten all over his body, including his head. She claims that he suffered from lasting physical pain in his back, head, and left shoulder. She also claims that he suffered from lasting emotional distress in the form of nightmares, night sweats, insomnia, and flashbacks.

Claim of James M. Latimore

Mr. Latimore, who is currently incarcerated at Orleans Correctional Facility in Albion, New York, and who was an inmate at Attica, in D-Yard, on September 13, 1971, was forced into A-Yard where he was beaten with sticks and axe handles on his legs, buttocks, back, shoulders, arms, and hands. He was forced to crawl on his elbows with his face in the dirt. While he was crawling, he was beaten, on three separate occasions, on his buttocks, hips, and stomach. After the third beating, he was picked up by the neck and the seat of his pants and thrown into a group of inmates.

After the shooting ceased, he was forced to strip and was told to keep his hands on the top of his head. He was then kicked in the buttocks and ordered to move toward the “S” shaped line. After marching in line for what seemed like hours, he was forced to run through the A-Gauntlet. He was struck in the stomach with a night stick by a State trooper. He states, “[a] New York State Police Officer swung at me like he was hitting a home-run.” After he ran through the gauntlet, he was forced to run up a staircase leading to “11 Company.” A State trooper placed a large unloaded revolver on his face and pulled the trigger. The gallery leading to “11 Company” was made to be an extension of the A-Gauntlet, and corrections officers and State troopers lined both sides of the glass-laden gallery wielding sticks, axe handles, and guns. He was beaten, punched, and kicked repeatedly with sticks, axe handles, fists, and boots until he reached the end of the gallery. On three occasions, the blows he received knocked him to the ground before he reached the end of the gallery. He received cuts and bruises all over his body, and pieces of glass were embedded in his feet, legs, and hips. He slept, while bleeding for three days, on a bed of springs (no mattress). He spent at least three days removing the glass from his body. His shoulders and

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arms were so bruised and swollen that he was unable to attend to or feel his swollen face or lips. Three or four days after the retaking, he was provided with a paper blanket.

Mr. Latimore did not receive medical attention at Attica, and he is not currently receiving care. He suffers from lasting pain in his left shoulder and also suffers from lasting emotional distress in the form of anxiety attacks, nightmares, flashbacks, visual and noise sensitivity, and post traumatic stress disorder.

Claim of Mario Armando Maldonado

Mr. Maldonado, who is currently incarcerated at Woodbourne Correctional Facility, Woodbourne, New York, and who was an inmate at Attica, in D-Yard, on September 13, 1971, was forced to jump off the roof of B-Block catwalk. He sprained his ankle and sustained bruises as a result of jumping a distance of eight to ten feet. He was singled out for brutal treatment by corrections officers and State troopers. A corrections officer threatened to kill him and pointed a loaded rifle at him while at the same time, other corrections officers beat him with clubs. He tried to escape from these corrections officers by running towards an open door to A-Yard. A State trooper fired his rifle which grazed the lower part of his back but he states that the result was “bruises”. He was chased by two corrections officers and an armed State trooper as he ran from A-Block corridor to the cell hall area. He was assaulted in the top gallery of the A-Block. Mr. Maldonado did not receive medical attention and is not currently receiving treatment.

Claim of Samuel Collier

Mr. Collier stated that on September 13, 1971 he was beaten in D-Yard while trying to help carry a man into A-Yard and was knocked to the ground, kicked, beaten with night sticks, and forced to strip in A-Yard. He ran the gauntlet and was beaten again by corrections officers and New York State Troopers.

He was placed in a cell with thirty to forty other inmates, where he was called up to the bars and was jammed in the groin with a night stick.

Minutes before the assault began, he and eight to ten others had been told by Herbert Blyden to stay in front of the hostages and not to let harm come to them. He was very afraid but did so. He claims that the harm to the hostages came from the authority forces, both during and after the assault.

He stated that since his release from Attica he has been unable to hold a job. He still feels a great deal of anger inside and becomes very upset when he sees films or documentaries about the Attica riot.

Claim of James R. Moore

Mr. Moore, who is currently incarcerated at Gowanda Correctional Facility, Gow-anda, New York, and who was an inmate at Attica, in D-Yard, on September 13, 1971, was struck with an object on his right eye. He sustained a laceration an inch below his eye and this laceration has resulted in a slight drooping of his right lower eyelid and upper cheek. Mr. Moore received medical attention for his injury and is not currently under treatment. He claims to suffer lasting emotional distress in the form of flashbacks and hallucinations.

Claim of Lawrence Blair Jr.

Mr. Blair, who is currently incarcerated at the Clinton Correctional Facility at Dannemora, was an inmate at Attica and in D-Yard on September 13, 1971. He was severely beaten and suffered bruises all over his body. A nightstick was partly inserted into his anus. He did not receive any broken bones. He suffers from nightmares on occasion.

Claim of Louis Williams

Mr. Williams stated that he was in D-Yard on September 13, 1971 and was beaten with sticks by troopers and guards on his head and knees and, as a result, he

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suffers from arthritis. He claims to suffer from emotional distress, sleeplessness, and drug and alcohol abuse as a result of his experience during the Attica retaking.

Claim of Allen Barnett

Mr. Barnett stated that his eyebrows were burned off when tear gas was dropped in D-Yard on September 13,1971. He was forced to run the gauntlet and was beaten badly with “big clubs.” His left leg was badly cut when he fell on some glass. He has a permanent scar on his leg and suffers from unbearable emotional distress. In a telephone interview on July 18, 2000, Mr. Barnett stated that it was difficult for him to travel to Rochester, New York because of his work responsibilities and would rely on his written claim.

Claim of Joseph Walker

Hilary Sprecher brought a claim on behalf of her father, the late Joseph Walker. She claims that while her father was in D-Yard at Attica on September 13, 1971, he was beaten as he was forced to run the gauntlet. She claims that he suffered pain for many weeks following the beatings, and that he suffered from lasting emotional distress.

Claim of Larry DeBerry

On June 19, 2000, Mr. DeBerry provided testimony in support of his claim. He testified that he dropped to the ground when the shooting started and that he was “seared to death”; He received approximately 60 blows in the corridor between D-Yard and A-Yard. He testified that his left leg was so badly beaten that he has contracted Paget’s disease, requiring an operation, leaving a permanent scar eight inches in length. He still has severe pain in both knees, necessitating pain killers. He also testified that, after being placed in a cell, he asked for water and, instead, was given a cup of urine which he was forced to drink at gunpoint.

Mr. DeBerry has submitted in further support of his claim a medical record from St. Vincent’s Hospital and Medical Center of New York dated August 14, 1997. The report reflects that Mr. DeBerry was diagnosed with Paget’s disease of the left leg in 1991 and notes that he had a gunshot wound in his left leg. Mr. DeBerry testified that the report is wrong and that he had not been shot in the leg but rather, he believes, his current problems with Paget’s disease were caused by the severe beating to his leg at Attica.

Claim of Charles Robert Ristau, Jr.

Mr. Ristau was an inmate at Attica and present in D-Yard on September 13, 1971. Prior to the retaking on September 13th, he was assigned by Herbert X. Blyden to protect the hostages who were gathered in D-Yard from harm by other inmates. He assisted in having one of the hostages removed for medical attention because of a gall bladder attack. On September 13, 1971, a helicopter dropped gas on D-Yard, and he saw Corrections Officer Sam Cunningham get shot three times. He was struck and beaten by troopers while in D-Yard. Then, as he went from D-Yard into A-Yard, he ran a gauntlet and was beaten viciously. He eventually was placed in a cell in A-Block with three other inmates. He received nothing to eat for three days. The whole episode has been very emotionally disturbing throughout the years. “It was a horrible experience — ho matter how far away [from Attica] I get — I can’t forget.”

Claim of Eddie Peoples

Eddie Peoples, age 61, of Buffalo, New York, supplemented his claim in a telephone conference with the Court on August 16, 2000. He stated that he was in D-Yard on September 13, 1971 and was struck by law enforcement authorities as he passed through the corridor from D-Yard to A-Yard. Once in A-Yard he was told to strip naked, lie on the ground, and crawl. He was struck by law enforcement authorities on his back and his legs. He was then forced to run through the A-Gauntlet and eventually placed in a cell with other inmates in C-Block. He remained there for three days and was

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transferred to Comstock. He was afraid to ask for medical attention — “I’d rather do the time — I was fearful for my life.” He is employed by the Buffalo Board of Education where he helps scheduling GED exams. As a result of a dislocated shoulder, he has not been able to throw a ball or raise his right arm above his head. He complains of pain in his lower back to this day. “I never saw anything like it — it was so brutal. I don’t want to talk about it.”

Claim of O.V. Atterberry (f/k/a O.V. Harris)

Mr. Atterberry testified on July 26, 2000 that he was an inmate in D-Yard on September 13, 1971. He testified that he was forced to strip and ordered to lie face down on the ground and crawl until he was told to remain still. While crawling, he received brush burns on his chest that remained sore for five or six days. Thereafter, he periodically felt pain in his chest area, the cause of which went undiagnosed despite testing and x-rays every six months or so. In 1993, the pain became more intense and, following more tests, he was diagnosed in 1994 with a deterioration of the ribs. He claims that the deterioration was caused by an Aspergillus infection. Aspergillus is a fungus which Mr. Atterberry claims is commonly found in the ground in rural areas. He believes he contracted the fungus while crawling in D-Yard. He claims that the majority of his ribs on his left side were removed due to the infection. In an addendum to his claim form, he stated that he was forced to run the gauntlet. Finally, he claims that he has suffered emotional distress.

Although Mr. Atterberry has suffered a serious injury, he has not provided any evidence to support his claim that he was exposed to the Aspergillus fungus at the Attica in 1971 or that such exposure was responsible for the deterioration of his ribs which necessitated surgery 23 years later, in 1994. Mr. Atterberry indicated in his claim form that he would supply such medical evidence and later testified in Court that such evidence would be forthcoming. While the Court is mindful of the difficulty Mr. Atterberry has faced in getting those records, the Court is also aware of its responsibility to the class as a whole to ensure that the settlement proceeds are distributed equitably, based on verifiable claims. Because there is no evidence to support Mr. Atterberry’s claim regarding his ribs, I must discount that claim and base his award solely on his remaining claims of injuries sustained while running the gauntlet and being rehoused, and emotional distress. Based on those claims, I find that Category I is the appropriate category for Mr. Atterberry’s claim.

Claim of Marion Lucas

Mr. Lucas of Buffalo, New York, who was an inmate at Attica in D-Yard, on September 13, 1971, stated that his upper torso was beaten in the staircase leading into A-Yard. He was forced to strip and run through the A-Gauntlet where he was struck on his stomach and upper torso. He was beaten with sticks and axe handles as well as threatened with death while moving towards the cell area. After he was placed in a cell, corrections officers threatened his life and beat him through the bars of his cell. Mr. Lucas did not receive medical attention and is not currently receiving treatment. He suffers from severe back pain as a result of being beaten. He claims to suffer from lasting emotional distress in the form of nightmares and flashbacks.

Claim of Vernon Manning

Charlene Davis of Brooklyn, New York, brings this claim on behalf of her deceased uncle, Vernon Davis, who was an inmate at Attica, in D-Yard, on September 13, 1971. She claims that he was threatened and beaten in D-Yard and in the stairway leading to A-Yard, as well as in the A-Gauntlet. She claims that he sustained a head injury, and that he suffered from headaches, vision, and hearing problems as a result of his beatings. She also claims that he suffered from lasting emotional distress in the form of nightmares, flash

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backs, conflict avoidance, and post traumatic stress disorder.

Claim of John G. Massey, Sr.

Mr. Massey of Claxton, Georgia, was an inmate at Attica, in D-Yard, on September 13, 1971. He was forced to strip and run through the A-Gauntlet where he was severely beaten by State troopers and corrections officers. He was beaten with a rifle butt at the end of A-Gauntlet and was forced to run another gauntlet on his way to a cell. He was beaten and thrown to the floor and beaten again in his cell. As a result of these beatings, he sustained contusions and bruises. Mr. Massey did not receive medical attention and is not currently under care. He claims to have suffered from lasting emotional distress up until he was released from prison in July, 1994.

Claim of Edward McDuffy

Mr. McDuffy who is currently incarcerated at Wyoming Correctional Facility, Attica, New York, and who was an inmate at Attica, in D-Yard, on September 13, 1971, was beaten with sticks on his back, buttocks, and the back of his legs in the A-Gauntlet. He also was beaten by corrections officers when he was allowed out of his cell to shower. He claims to suffer from lasting emotional distress.

Claim of Otis McGauyhey

Mr. McGaughey of Jamestown, New York, who was an inmate at Attica, in D-Yard, on September 13, 1971, was beaten all over his body with rifle butts by State troopers in D-Yard, A-Stairway, and A-Gauntlet. He stated that State troopers and corrections officers played Russian roulette with him while he was in a cell. Mr. McGaughey did not receive medical attention for his injuries but is currently receiving treatment. He suffers from pain in his back and neck and he believes his back and neck are permanently damaged. He also claims to suffer from lasting emotional distress in the form of nightmares, flashbacks, conflict avoidance, and severe post traumatic stress disorder.

Claim of Robert L. Miles

Mr. Miles of Allegany, New York, who was an inmate at Attica, in D-Yard, on September 13, 1971, stated that he was severely traumatized and that he sustained bruises and cuts on his arms and ears. He did not receive medical attention and is not currently under treatment. He suffers from lasting physical pain in his arms. He also claims to suffer from lasting emotional pain and has severe headaches which interfere with his ability to work. He claims to have been fired from several jobs because of his mental state.

Claim of Daniel Mosely

Leona White of Brooklyn, New York, brought a claim on behalf of her deceased brother, Daniel Mosely, who was an inmate at Attica, in D-Yard, on September 13,1971. Ms. White claims that her brother was beaten with sticks and batons in A-Yard and in A-Gauntlet. She claims that his back, shoulders, and the back of his legs were injured. She claims that her brother was traumatized by his experiences at Attica and that he suffered from nightmares, flashbacks, and lasting emotional distress

Claim of James Robinson

Brenda Robinson of Bronx, New York, brought a claim on behalf of her deceased brother, James Robinson, who was an inmate at Attica, in D-Yard, on September 13, 1971. She claims that her brother was forced to run through the A-Gauntlet where he was beaten with sticks all over his body by corrections officers. She claims that he was beaten with fists and struck with a shotgun butt in A-Block. She claims that his feet were lacerated by the glass in the gauntlet and that once he was placed in a cell, two corrections officers approached his cell and threatened his life. Ms. Robinson stated that her brother received medical attention for his injuries, but that he suffered from lasting physical pain. She also claims that he suffered from lasting emotional distress in the form

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of nightmares, flashbacks, fear, distrust, and depression.

Claim of Willie Frank Richmond

Mr. Richmond of Buffalo, New York, was an inmate at Attica, in D-Yard, on September 13, 1971, and stated that he was beaten by corrections officers in the glass-laden A-Gauntlet and, as a result, suffers lasting pain in his back, head, neck, and arms. He was placed in a cell for three days with four other inmates and was further beaten in the cell. He was transferred to Green Haven Correctional Facility where he was denied medical treatment. Mr. Richmond did not receive medical care at Attica and is not currently receiving care. He suffers from lasting emotional distress in the form of frequent nightmares, nervousness, and fear.

Claim of Jose Rodriguez

Maria Rodriguez of Lares, Puerto Rico, brought a claim on behalf of her deceased brother, Jose Rodriguez, who was an inmate at Attica, in D-Yard, on September 13, 1971. She claims that her brother was beaten on his head and back on the catwalk and in the A-Gauntlet. She states that her brother did not receive medical attention, and that he suffered from lasting physical pain in his back and head. She also claims that he suffered from lasting emotional distress.

Claim of Eligió Ramos

Wilfredo Ramos of New York, New York brings this claim on behalf of his deceased father, Eligió Ramos, who was an inmate at Attica, in D-Yard, on September 13, 1971. Mr. Ramos claims that his father was kicked and struck on the head in D-Yard. He claims that his father was beaten and threatened with death while being transported to a hospital. He states that his father did receive medical treatment, but he suffered from lasting physical pain in the form of severe headaches. He also claims that his father suffered from lasting emotional distress in the form of nightmares, flashbacks, and extreme nervousness.

Claim of Leo Rivers

Mr. Rivers of Buffalo, New York, who was an inmate at Attica, in D-Yard, on September 13, 1971, was beaten with clubs as he was being moved from D-Yard into A-Yard and from A-Yard into the cell area. He was forced to run through the glass-laden A-Gauntlet and he sustained lacerations on his feet as well as embedded glass. He did not receive medical attention and had to remove the embedded glass in his feet by himself. Mr. Rivers claims to suffer from lasting emotional distress in the form of flashbacks, noise sensitivity, and agoraphobia.

Claim of Randolph Saunders

Mr. Saunders of Bronx, New York, age 60, was an inmate at Attica, in D-Yard, on September 13, 1971. After the helicopter dropped gas on the inmates, he was directed to A-Yard where he stripped and walked in the line until it was his turn to go through the gauntlet. He was beaten in the gauntlet by troopers and guards on his head, shoulders, back, and arms. He considered himself fortunate because he escaped any special treatment which he saw other inmates receiving. “One way or another, we all got beat up — some worse than others. I was lucky.” Mr. Saunders was unable to give testimony in person and chose to be interviewed by the Court on July 31, 2000 by telephone. Mr. Saunders did not receive medical treatment and is not currently receiving treatment. He suffers from lasting emotional distress in the form of nightmares and adjustment disorder.

Claim of James E. Spry

Mr. Spry of Lockport, New York, who was an inmate at Attica, in D-Yard, on September 13, 1971, still suffers physically and emotionally as a result of the retaking. He claims to suffer from depression, nightmares, night sweats, and shakes. He states that whenever he hears or sees a helicopter, he drops to the ground.

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Claim, of Lawrence Walker

Mr. Walker of Elmont, New York, who was an inmate at Attica, in D-Yard, on September 13, 1971, stated that he was beaten with a rifle butt on the back of his head causing his head to bleed. He also was beaten with sticks and rifle butts on his ribs, arms, and shoulders on the tier. After he was placed in a cell, State troopers threatened his life with their rifles. Mr. Walker did not receive medical treatment for his injuries and is not currently receiving treatment. He suffers from lasting pain in his head and from frequent headaches. He claims to suffer from lasting emotional distress in the form of flashbacks and visual and noise sensitivity.

Claim of Thomas Michael Wegimont

John Henri Wegimont of Long Island City, New York, brought a claim on behalf of his deceased brother, Thomas Michael Wegimont, who was an inmate at Attica, in D-Yard, on September 13, 1971. He claims that his brother was beaten on his head, ribs, and back with clubs in D-Yard, D-Tunnel, A-Yard, A-Gauntlet, and C-Tunnel. He did not receive medical attention for his injuries and suffered from pain in his ribs for several weeks following the retaking and from headaches for several years. Mr. Wegimont also claims that his brother suffered from lasting emotional distress in the form of shock, nightmares, obsessive thinking about Attica, mental illness, and alcoholism.

Claim of Philip Whaley

Mr. Whaley who is currently incarcerated at Clinton Correctional Facility and who was an inmate at Attica, in D-Yard, on September 13, 1971, stated that he was kneed and struck with sticks on his right shin, hips, arms, and back. He was beaten all over his body in the staircase leading to the tier. He was also beaten on his back and shoulders on the tier with sticks and was threatened with death. Mr. Whaley received medical attention, but still suffers pain and weakness in his left knee. He claims to suffer from lasting emotional distress in the form of nightmares, flashbacks, fear of authority, and visual and noise sensitivity.

Claim of Thurman Williams Jr.

Lois Marie Williams Grant of Mt. Vernon, New York, brought a claim on behalf of her deceased brother, Thurman Williams, Jr., who was an inmate at Attica, in D-Yard, on September 13, 1971. Ms. Grant claims that her brother was beaten with sticks and batons by corrections officers in the A-Gauntlet. She

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