An Orthodox Jew is one of 15 inmates in a state prison who has joined in a class action suit demanding unspecified damages for repeated abuses and beatings allegedly committed against them for their race or religion by prison guards, a civil rights group official said.
According to the 45-page complaint, filed by Prisoners Legal Service in federal district court in Utica, N.Y. because the alleged mistreatment could be a violation of the prisoners’ civil rights, a federal crime, Martin Lacher was verbally abused, beaten and placed in solitary confinement allegedly for wearing a skullcap without the pass required of all prisoners at the Clinton Correctional Facility at Dannemora who want to wear headgear for religious reasons.
Dan Steinbock, associate director of Prisoners legal Service, which filed the Utica suit on April 26, said Lacher lost his permit but continued to wear his skullcap after having been warmed not to do so until he obtained another permit.
Lacher, 32, of Staten Island, was sentenced last Sept. 27 in Kings County (Brooklyn) court to an indeterminate sentence, with a maximum of 15 years, on charges of murder in the second degree. He was issued the permit permitting him to wear the yarmulke on Oct. 30.
The other 14 inmates are Blacks or Hispanics. Since the alleged incidents took place, Steinbock said, all but five of the 15 inmates, including Lacher, have been transferred to other state prisons Lacher was transferred to the Green Haven Correctional Facility, another maximum security prison.
CLAIMS HE WAS BEATEN
The suit claimed the mistreatment occurred between last September and last March. The suit named 30 correction officers at Clinton, including sergeants and lieutenants; Eugene Lefevre, Clinton superintendent; and Benjamin War, State Corrections Commissioner.
Steinbock said that when Lacher was being taken to the solitary confinement unit on the yarmulke issue, one of the correction officers allegedly grabbed Lacher by the collar several times and struck him on the ear. Lacher also complained that when he arrived in the confinement unit, he was told to bend over and put his head on the table Several of the correction officers smashed Lacher’s head into the table top, he said in his complaint. The next day, a correction sergeant deliberately damaged several of Lacher’s personal possessions, including some religious articles, which were not identified, according to the complaint.
HITLER HAD RIGHT IDEA
The Jewish inmate reported being told by the guards that “Hitler had the right idea,” and by another, in a mock German accent, that he “would make a good lampshade.”
Steinbock told the Jewish Telegraphic Agency that damages were not specified as to amount because that would be up to the jury. He said “we are asking for damages to appropriately compensate the inmates for their physical, mental and emotional damages, as well as punitive damages.” The inmates said most of the beatings took place when they were being taken handcuffed to the confinement unit, a separate housing block.
Steinbock said the next step is the filing of answers by the defendants, required in 20 days. Then depositions will be taken from the defendants. He said his agency became involved when several of the prisoners informed the agency of the alleged mistreatment and asked for legal aid.
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