Skip to main content

United States Second Circuit

Reset A A Font size: Print

Abascal v. Fleckenstein, 14-1591

In a prisoner's suit under 42 U.S.C. section 1983 alleging, among other things, that while he was incarcerated at Attica Correctional Facility, defendant corrections officers subjected him to cruel and unusual punishment by depriving him of meals and physically assaulting him in violation of his Eighth Amendment rights, the District Court's denial of defendants' motion to set aside the jury verdict against them is vacated where the District Court abused its discretion when it admitted a report into evidence that included statements by other inmates alleging abuse at Attica, as well as the report's authors' views about the pervasive culture of abuse at the facility, because it was inadmissible hearsay and did not qualify for the business records or public records exceptions.

Appellate Information

  • Decided
  • Published 2016/04/29


  • HALL


  • United States Second Circuit


Copied to clipboard