New York State Court of Claims

New York State Court of Claims

WILLIAMS v. STATE OF NEW YORK, #2001-006-964, Claim No. 96595, Motion No. M-62679


Synopsis



Case Information

UID:
2001-006-964
Claimant(s):
MARK WILLIAMS
Claimant short name:
WILLIAMS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
96595
Motion number(s):
M-62679
Cross-motion number(s):

Judge:
EDGAR C. NeMOYER
Claimant's attorney:
MARK WILLIAMS, PRO SE
Defendant's attorney:
ELIOT SPITZER, ATTORNEY GENERAL
By: Gregory P. Miller, Esq.Assistant Attorney General
Third-party defendant's attorney:

Signature date:
February 1, 2001
City:
Buffalo
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This claim arose on March 18, 1997 at approximately 7:00 p.m. while claimant was an inmate at Wende Correctional Facility. According to claimant, he was lying in his cell watching television when inmate Donald Boykin entered his cell, and slashed claimant's face with a razor. Claimant states this assault was sudden and unprovoked. It is the claimant's position the defendant was negligent in permitting a Special Housing Unit inmate with a known history of violent conduct to be in the area of claimant's cell. Claimant also alleges Correction Officer T. Territo was negligent in failing to comply with the rules and regulations, identified by claimant as "Prisoner's Right, under safety and protection."
By notice of motion dated November 1, 2000 and filed November 8, 2000 claimant requested an order compelling disclosure of the correctional facility disciplinary record of inmate Donald Boykin. It was claimant's position this record would demonstrate Mr. Boykin had a propensity for violent behavior while in custody, of which the defendant should have had knowledge. Defendant refused to produce this disciplinary record on the ground that doing so would result in security problems for the inmate and the correctional facility.

In a decision and order dated January 5, 2001 and filed January 17, 2001, this court granted claimant's motion to the extent the defendant was directed to produce for an in-camera review the prison disciplinary record of inmate Donald Boykin.

By letter dated January 29, 2001, with enclosures, the defendant submitted to the court the inmate disciplinary record of Donald Boykin for the two year period prior to March 18, 1997, the date of the assault upon claimant. The court has reviewed the entirety of this record, and finds that it may have some relevance to claimant's allegations. Consequently, this disciplinary record should be turned over to claimant by the defendant as part of the discovery process. The court does not believe disclosure of this material would result in sufficient security problems for the inmate and the correctional facility, as to outweigh claimant's need for this information in order to pursue his claim. Accordingly, based upon the foregoing, it is

ORDERED, that claimant's motion, dated November 1, 2000 and filed November 8, 2000 to compel disclosure of the disciplinary record of inmate Donald Boykin is granted to the extent that defendant is directed to furnish claimant a copy of Donald Boykin's correctional facility disciplinary record for the two year period prior to March 18, 1997 in the form that was furnished to the court for its in-camera inspection.

February 1, 2001
Buffalo, New York

HON. EDGAR C. NEMOYER
Judge of the Court of Claims