Rule State's Liable For Court Officer Roughing Up Female Defendant

The Court of Claims has ruled that the state should be held liable for the injuries to a woman who was assaulted by a Court Officer because they should be held to the same standards as Police Officers. He ordered a trial to determine what damages she is entitled to.

Janet Tomaino testified that on the morning of Aug. 27, 2004 she was scheduled to be arraigned at Suffolk County District Court in Central Islip. She was handcuffed in a big, welllit room with 40 or 50 people present. Her lawyer and the District Attorney stood nearby. The Court Officer, who was not identified by name in her complaint, was behind her.

Claims He Was Over-Aggressive

Ms. Tomaino testified that the Court Officer brought her before the judge, and then suddenly grabbed her shoulders and forced them together and backwards. A few seconds later, the judge directed the officer to release Ms. Tomaino from her handcuffs so she could sign a paper. As she did so, the Court Officer "grabbed her right elbow forcefully, pushed and pulled on it, and then jerked it backwards." Nevertheless, Ms. Tomaino remained silent. She said she "was too petrified to say anything or do anything," according to court records.

She said Suffolk County police also assaulted her prior to her arraignment. Cops allegedly pushed and shoved her, causing her to fall and scrape and bruise her knees. She charged that they frisked her roughly, causing abrasions to her back, and put her in handcuffs that caused swelling and bruising to her wrists.

Ms. Tomaino sought medical attention the evening after she was released from custody. She spent a couple of hours at the hospital, where it was determined that her shoulder was not fractured or broken. She testified that after the incident she could not fully extend her arm because of soreness in her right shoulder and elbow, which caused her to keep her right arm in a sling for about 10 days afterward.

Emotional Trauma Lingers

Four days after the incident, she returned to the hospital complaining of continued pain. After about two weeks, the pain subsided. Ms. Tomaino testified "that she remains 'totally upset to this day' about the way she was treated and continues to suffer emotional distress." She does not want to go near a courtroom or even watch one on television. "I fear them," she said.

Court of Claims Judge Christopher J. McCarthy decided that the Court Officer used excessive force on Ms. Tomaino, noting that there were three witnesses who corroborated her story. Court Officers should be held to the same standard of behavior established for police officers when they arrest and detain defendants, the judge ruled. He said the state was liable for 100 percent of the pain and suffering endured by Ms. Tomaino.