Claimant, an inmate proceeding
, seeks damages for excessive confinement in keeplock during
his incarceration at Sing Sing Correctional Facility. This claim was heard in a
Claimant testified that on March 21, 1995, he was issued a misbehavior report
and placed in keeplock. On March 27, 1995, claimant was issued another
misbehavior report. On March 28, 1995, after a hearing on the March 21, 1995
misbehavior report, claimant was found not guilty. On March 29, 1995, after a
hearing on the March 27, 1995 misbehavior report, claimant was found not guilty
and was released from keeplock.
Both hearings were timely commenced within seven days of claimant's initial
confinement pending each disciplinary hearing and were timely completed within
fourteen days following the writing of each misbehavior report (
, 7 NYCRR §§ 251-5.1(a),(b); Freeman v Selsky
AD2d ___,705 NYS2d 87 [in calculating the fourteen day period, the date upon
which the Misbehavior Report was written is excluded]; Matter of Faison v
, 256 AD2d 702 [hearing properly concluded on fourteenth day
following issuance of misbehavior report]).
Accordingly, the confinement was privileged and claimant is not entitled to
damages. Moreover, the fact that the charges were ultimately dismissed does not
give rise to a cognizable cause of action where there is no evidence defendant
acted inconsistently with its own rules and regulations (
, Arteaga v State of New York
, 72 NY2d 212; Gittens v State
of New York
, 132 Misc2d 399, 406).
Defendant's motion to dismiss, upon which decision was reserved, is hereby
LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 93378-A.