$5.5 Million Landmark Victory Against the State of New York

The First Case In History In Which the State of New York Was Held Liable For The Erroneous Release Of A Prison Convict

In a landmark joint verdict, Steven Palermo, Esq. secured a historic result against the State of New York, holding it responsible for the mistaken release of a dangerous and violent prison convict. Franklin Scruggs was being held in Great Meadow Prison for rape and assault. He was mistakenly released years before his sentence was up due to a clerical error. Scruggs went on to rape and murder a Long Island woman as well as attack another.

How a Clerical Error Led to a Wrongful Release

Scruggs had a lengthy criminal record, including sexual assault, robbery, and kidnapping. He was serving concurrent sentences for multiple violent felonies when he successfully appealed one conviction, arguing his sentence was excessive. The appeals court granted the appeal on that single conviction and remanded it to the lower court in Suffolk County for resentencing.

Through a clerical error, the paperwork was processed as time served across all convictions. Scruggs was released from custody entirely, more than thirteen years before he was legally eligible — despite the fact that all remaining sentences, which carried decades of additional prison time, were fully intact. Months later, he encountered our client, a young mother of two, at a local establishment and offered her a ride home. On the way, he kidnapped her, took her to a remote location, and sexually assaulted her. He later targeted a second woman in a similar manner, and killed her.

Holding the State Accountable

Despite the trauma she endured, our client showed remarkable courage. She came forward and cooperated fully with law enforcement. Scruggs was ultimately arrested and convicted for both attacks, and the erroneous release was discovered in connection with those proceedings — revealing that the State of New York had unknowingly freed a violent predator years before the law required.

It was imperative that Scruggs was not the only one held liable for this terrible act. The State of New York was responsible as well for failing to provide for the safety of its citizens because the state was well aware of Scruggs’s violent nature and yet failed to perform the simplest of tasks: keeping Scruggs imprisoned for the length of his sentence.

However, the State sought to shield itself behind the doctrine of governmental immunity. After years of battling it was ultimately decided that the government was not shielded from liability.

Steven relentlessly pursued justice for his client. Along with two partners of Great Neck’s Law Firm Parker and Waichman, who represented the other victim of Scruggs’ violent acts, Steven held the State of New York liable for the erroneous release of a prison convict — a landmark victory that made history — obtaining a joint verdict of $5.5 Million Dollars, tried before the New York State Court of Claims in New York City.