New York State Court of Claims

New York State Court of Claims

CISCO v. THE STATE OF NEW YORK, #2000-007-522, Claim No. 99546


Synopsis


Claimant alleged that some of his personal property was stolen from his cell by other inmates after correction officers, who had searched the cell, left the property in close proximity to the cell door. Claim dismissed.

Case Information

UID:
2000-007-522
Claimant(s):
HENRY I. CISCO
Claimant short name:
CISCO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99546
Motion number(s):

Cross-motion number(s):

Judge:
John L. Bell
Claimant's attorney:
Henry I. Cisco, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, Attorney General(Frederick H. McGown, III, Esq., Assistant Attorney General, of Counsel)
Third-party defendant's attorney:

Signature date:
June 27, 2000
City:
Plattsburgh
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)


Decision

Claimant alleges that some of his personal property was stolen from his cell by other inmates after correction officers, who had searched the cell, left the property in close proximity to the cell door.

On October 25, 1998, claimant was involved in a fight with another inmate while in the yard at
Clinton Correctional Facility. He was taken directly from the yard to the facility infirmary. Before he was permitted to return to his cell, it was searched by correction officers for contraband. Claimant stated that he had left his property in secure areas of the cell. He contended that the officers left some of his property in close proximity to the cell bars and that other inmates reached through the bars and stole his radio and headphones. Claimant stated that the officers should have covered his property with a sheet.
If claimant's property was pilfered through what is commonly referred to in prison parlance as "fishing," merely placing a sheet over the property would not have prevented the theft. The court is not convinced that the claim is credible. One of the unfortunate realities of prison life is that inmates steal from one another. The evidence was not persuasive that prison personnel made claimant's property more susceptible to theft (
see, Lewis v State of New York, Ct Cl, Nov. 28, 1997 [Claim No. 93338], Bell, J.). Defendant's motion to dismiss, upon which the court reserved at trial, is now granted.
The claim is dismissed and the Chief Clerk of the Court of Claims is directed to enter judgment accordingly.


June 27, 2000
Plattsburgh, New York

HON. JOHN L. BELL
Judge of the Court of Claims