New York State Court of Claims

New York State Court of Claims

MOORE v. THE STATE OF NEW YORK, #200-001-040, Claim No. 100767, Motion No. M-61776


Synopsis


Claimant's motion for an order permitting or compelling a photograph to be taken of claimant's body is granted as stipulated

Case Information

UID:
200-001-040
Claimant(s):
DWAYNE W. MOORE
Claimant short name:
MOORE
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100767
Motion number(s):
M-61776
Cross-motion number(s):

Judge:
Susan Phillips Read
Claimant's attorney:
Dwayne W. Moore, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Glenn C. King, Esq., Assistant Attorney General, Of Counsel
Third-party defendant's attorney:

Signature date:
August 2, 2000
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)

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Decision

The following papers were read and considered on claimant's motion for an order permitting or compelling a photograph to be taken of claimant's body: Notice of Motion, dated May 31 and filed May 24, 2000; Affidavit in Support of Dwayne W. Moore, pro se, sworn to May 19 and filed May 24, 2000, with annexed Exhibit; and Letter of Glenn C. King, Esq., AAG, dated June 7 and received June 8, 2000.

Claimant Dwayne W. Moore (“claimant”) alleges that the medical staff at Coxsackie Correctional Facility refused to treat him for a skin condition, causing an infection to spread over his entire body. He has now moved for an order directing the Superintendent and Deputy Superintendent of Southport Correctional Facility (“Southport”), where he is currently incarcerated, to permit him to take a picture of his body, or, alternatively, to have members of his family take a picture of his body, and to have a copy of the picture produced for defendant State of New York (“defendant” or “the State”). By a memorandum dated September 29, 1999, the Deputy Superintendent for Security Services at Southport informed claimant that “[n]o photos will be taken unless ordered by the court” (Exhibit annexed to Affidavit in Support of Dwayne W. Moore, pro se, sworn to May 19 and filed May 24, 2000).

The State does not object to claimant's request for photographs, but does object to designating members of claimant's family as the photographers (Letter of Glenn C. King, Esq., AAG, dated June 7 and received June 8, 2000). Further, the State asks the Court to require claimant to pay the reasonable costs of any photographs taken at his behest.

Claimant's request for photographs is reasonable in light of his allegations; however, the Court perceives no need for photographs to be taken by members of claimant's family. Moreover, claimant, as the party seeking this information, must bear the reasonable costs of obtaining it. Because claimant cannot independently secure the necessary equipment and services, the Court grants his motion insofar as (1) defendant is directed to arrange for photographs of such areas of claimant's body as he identifies to be taken in a suitably private setting and to provide a camera and film for these purposes; (2) the photographs shall be taken by an employee of the medical or security staff at the correctional facility in which claimant is incarcerated at the time, and claimant and defendant shall mutually agree upon and designate the employee serving as photographer; (3) defendant shall provide claimant one copy of each photograph taken and shall provide any negatives to the Court; and (4) claimant shall reimburse defendant for the reasonable costs of the film used and of any developing services.


August 2, 2000
Albany, New York

HON. SUSAN PHILLIPS READ
Judge of the Court of Claims