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Wayne Liss notice of claim
I have now seen the notice of claim filed against the city by Wayne Liss. The former city employee, who filed the notice on July 14, (not July 15, as previously reported) alleges that he was left shackled in the police station's booking room for eight hours following a DWI arrest. He states that while locked up, his arms were alternately suspended over his head, resulting circulation problems (non-permanent).
It is an accepted practice at the police station to lock prisoners up in the booking area, while the cells are being refurbished (they are not currently up to code). In the booking room, handcuffs are used to secure them to metal hooks installed in the wall. To date, this is the first suit that calls this type of incarceration "cruel and inhuman torture." Yes, that is a direct quote from the notice of claim.
The only other alternative is to place prisoners in unlocked jail cells, and then have an officers posted in the cell block -- one officer for each prisoner. This has the potential to create costly overtime.
Now, an interesting subtext to this potential lawsuit, is that while I obtained the notice of claim by filing a FOIL request for it on Monday, I have heard from inside spies (not Ron Kim), that the Public Safety Department, which is wholly involved in this claim (although not named as a defendant) has still not seen the notice, received by the city more than a week ago. This, despite Mayor Johnson's assertion to me on Tuesday that he believed it had been transmitted to that department. I know that politics rule City Hall, but it seems to me that day-to-day operations should still go forward.
Another interesting point on the notice of claim is that Wayne Lis lists no attorney in the suit, and will represent himself. He is seeking payment, but does not say how much he'll take to go away.
In other news, I'm not official on vacation. I'll have four consecutive days off, Thursday, Friday, Saturday and Sunday. If I don't return on Monday send out a search party. Since I can't afford to go to somewhere interesting like St. Thomas, where my bar tender brother is going in a week, I'm doing the next best thing: going to Binghamton, NY.
I'll be participating in the Empire State Games, as one of 13 cyclists representing the Adirondack region in the intra-state competition. With a little luck, I'll have some medals to show off upon my return. You can follow my progress at the games at my other internet home, Good Bye Blue Mondays. I'll be updating the blog as much as I have internet access. Have a great weekend.
It is an accepted practice at the police station to lock prisoners up in the booking area, while the cells are being refurbished (they are not currently up to code). In the booking room, handcuffs are used to secure them to metal hooks installed in the wall. To date, this is the first suit that calls this type of incarceration "cruel and inhuman torture." Yes, that is a direct quote from the notice of claim.
The only other alternative is to place prisoners in unlocked jail cells, and then have an officers posted in the cell block -- one officer for each prisoner. This has the potential to create costly overtime.
Now, an interesting subtext to this potential lawsuit, is that while I obtained the notice of claim by filing a FOIL request for it on Monday, I have heard from inside spies (not Ron Kim), that the Public Safety Department, which is wholly involved in this claim (although not named as a defendant) has still not seen the notice, received by the city more than a week ago. This, despite Mayor Johnson's assertion to me on Tuesday that he believed it had been transmitted to that department. I know that politics rule City Hall, but it seems to me that day-to-day operations should still go forward.
Another interesting point on the notice of claim is that Wayne Lis lists no attorney in the suit, and will represent himself. He is seeking payment, but does not say how much he'll take to go away.
In other news, I'm not official on vacation. I'll have four consecutive days off, Thursday, Friday, Saturday and Sunday. If I don't return on Monday send out a search party. Since I can't afford to go to somewhere interesting like St. Thomas, where my bar tender brother is going in a week, I'm doing the next best thing: going to Binghamton, NY.
I'll be participating in the Empire State Games, as one of 13 cyclists representing the Adirondack region in the intra-state competition. With a little luck, I'll have some medals to show off upon my return. You can follow my progress at the games at my other internet home, Good Bye Blue Mondays. I'll be updating the blog as much as I have internet access. Have a great weekend.
posted by The Saratogian City Desk at
3:48 PM
5 Comments:
Make sure you have some spiedies while you're down there (I recommend Lupos, though for many Sharkies is the hands-down favorite). And if you're staying at BU, try some Nirchi's sheet pizza. Both are flavors from my youth.
And if you're feeling a night out, try Cortese on Court Street in Binghamton. Stan Hudy used to work there.
I heard Jeff Wait was going to defend him! He was the biggest ambulance chaser available!
To anon 10:10 -- Wayne Liss is suing the city, so no defense lawyer is needed. Also, the notice of claim lists NO representing attorney.
I haven't asked Mr. Wait about this case, but since he represents the city in a number of other cases, it seems highly unlikely that he would represent someone suing the city in this case. To say nothing of the fact that he is running for a judgeship.
You might want to double check with you sources.
The real question is this: Why did the city attorney and the risk mamager withhold the notice of claim from Public Safety.
And where has Comm. Franck as the overseer of Risk Mamagement allowed it to be withheld? This is the real story.
Finally, Risk Management has been aware of the unsafe conditions in police department but does nothing. Everytime Kim tries to advance a solution Franck and Johnson oppose it.
Why?
The city attorney deliberatly withheld the notice of claim from the Public Safety administration until he could no longer deny that it had been received. His action are a direct violation of the City Charter and he must be told to leave.
The risk manager has allowed the conditions in the police station to get worse and worse. It is the city's biggest liability and yet Franck, the Councill member esponsible for managing our risk, has done everything possible to allow the conditions to continue. Rivers, the Risk Manager, is too timid to do the right thing. She does not have the courage to stand up and speak out. Too bad. But putting self-interest ahead of the public safety is her thing.
The problem cannot be solved as Franck would have us believe. He and others simply want to get rid of Kim. Interestingly, the money to build the new facility has already been appropriated.
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