A frum man has filed a federal lawsuit alleging that while incarcerated at Monmouth County Corrections Institution, he was deprived of his rights to religious prayer items and medical care, FAA News has learned.
Yair Israel Babayoff has filed a lawsuit in United States District Court for the District of New Jersey alleging that while in custody at the Monmouth County Corrections Institution in Freehold, he was deprived of certain rights which are typically granted to inmates including:
1) from being provided with a tallis and tefillin
2) from being provided with a siddur
3) from being permitted to wear tzitzis even once per day
4) from being provided Kosher Meals for the first three days of his incarceration
5) from being provided with proper medication and proper medical care
6) instead of the officers keeping watch on him at night with a night light with night vision camera, they insisted on keeping his light on, causing him to be sleep deprived
7) the correction officers dragged him across a hallway while he was not wearing any clothing
After being deprived from the neck pain medication he required, he suffered a mental breakdown and attempted to commit suicide by hanging. As a result, he was transported to the hospital. At the hospital, he overheard a jail officer telling the nurses not to bother providing him with an x-ray or neck pain medication.
The lawsuit was filed pro-se (with no attorney). Babayoff is seeking for his rights for religious prayer and garments to be granted immediately, or in the alternative for a hearing on the matter, as well as for a trial to seek punitive damages. Additionally, he is requesting that a Federal Defender be appointed to help him represent his case.
The lawsuit names as defendants the County of Monmouth, Monmouth County Sheriff's Office, and Monmouth County Corrections Institution.
The defendants have 35 days from when served the Complaint to file an Answer.
The U.S. Supreme Court has interpreted Section 1983 of the U.S. Code to permit prisoners to sue state correctional officials when the conditions of confinement fail to meet constitutional standards of physical security, adequate medical treatment, freedom of religious expression, and so forth.
To state a Section 1983 claim, the plaintiff is required to allege that (1) the conduct complained of was committed by a person acting under the color of state law; and (2) the conduct deprived the plaintiff of a constitutional right.
Courts have awarded punitive damages under Section 1983 "when the defendant's conduct is shown to be motivated by evil motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others.”
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3 comments:
If you can't do the time, don't do the crime.
How does committing one crime justify someone else committing another crime?
No crime was committed
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