Korman and Biscone Successful in Dismissal of 42 USC 1983 Claim
January 11, 2018 | Cheryl F. Korman | Merril S. Biscone |Cheryl Korman and Merril Biscone were successful in convincing a Federal District Court to set aside a jury verdict in excess of $7.8 million dollars against their client, the provider of medical services to inmates at the Nassau County Correctional Center. The jury found that the medical provider was responsible for the death of an inmate who hanged himself while in jail and awarded both compensatory and punitive damages under 42 U.S.C. § 1983. The Court agreed that the award must be set aside because no reasonable juror could have found that the doctor acted with the state of mind sufficient to support a deliberate indifference claim.