The plaintiff in
O'Donnell v. K–Mart Corp., 100 A.D.2d 488, 474 N.Y.S.2d 344 (4th Dep't 1984), was a mentally retarded 23–year old. Employees of the store punched plaintiff in the mouth, causing blood to run down his face, handcuffed him, and detained him until police arrived.
Id. Plaintiff was crying and hysterical.
Id. Although plaintiff suffered no permanent physical injury, the damage award of $35,000 was upheld due to the mental suffering of the plaintiff, especially because of his handicap.
Id. In
Kelly v. Kane, 98 A.D.2d 861, 470 N.Y.S.2d 816 (3d Dep't 1983), police grabbed plaintiff's arm, wrestled him to the ground and got on top of him, handcuffed him in a hurtful manner, shoved him into a patrol car, and transported him to the station where he was booked and fingerprinted. Plaintiff was released on bond 1 ¼ hours later, and was then treated at a hospital for bruises.
Id. Compensatory awards of $10,000 for assault and battery, $5,000 for false arrest, and $5,000 for malicious prosecution were affirmed.
Id. In
Woodard v. City of Albany, 81 A.D.2d 947, 439 N.Y.S.2d 701 (3d Dep't 1981), the court reduced a $16,000 verdict for false arrest to $7,500, where the plaintiff spent five hours in jail but had no physical or mental injuries.