Mastroianni v. County of Nassau et.al.

Anthony John Colleluori

Case Conclusion Date:June 25, 2009

Practice Area:Civil Rights

Outcome:Settled in Favor of Plaintiff.

Description:Plaintiff prisioner brought on his Federal Civil Rights lawsuit Pro Se. Plaintiff suing for damages because defendant failed to get plaintiff heart medicine on a regular basis. Plaintiff suffers a serious heart attack. Defendant claims plaintiff failed to establish that he exhausted all of his state remedies. Mr. Colleluori attacks defendant's claims and a hearing is granted. At hearing through cross-examination, Colleluori forced defendant Nassau County to admit it had developed a plan to force plaintiffs to forfeit their grievences in exchange for their medicines. Then when the meds were not delivered, they forced the prisoner to start the procedure again, never allowing the prisioner to reach the final stage to exhaust his administrative remedy. Court held that the Defendant county's plan granted the plaintiff de facto exhaustion of State administrative remedies and allowed the suit to proceed to trial. The case was settled just prior to jury selection.