Claimant, an inmate proceeding
, seeks damages for personal injuries that he allegedly sustained
at Sing Sing Correctional Facility ("Sing Sing") as a result of the use of
excessive force by correction officers on May 19, 1997 and the subsequent denial
of medical treatment.
Claimant testified that on May 19, 1997, he was upset about the loss of his
property and did not want to leave Sing Sing until he was in possession of his
property. The correction officers, however, were preparing claimant for his
departure. According to claimant, he refused to leave without his property so
Officers Valentin, Cosme and other unidentified officers assaulted claimant and
twisted his arm.
Claimant testified that he made numerous complaints, nonetheless, he was denied
Correction Officer Nelson Valentin testified that claimant, as per standard
procedure, was required to undergo a "strip
before boarding the van for his transfer to another facility. After the frisk
was completed, claimant was ordered to dress. Claimant did not comply despite
numerous orders to dress. Accordingly, the correction officers proceeded to
dress claimant. Valentin denied any use of excessive
Each of the officers involved completed a Use of Force Report and other
documents concerning the incident (Ex. 6). Each of these reports indicate that
claimant refused to comply with orders to dress himself and that, after
claimant's continued defiance and aggressive behavior, the officers dressed
claimant, which required taking him to the floor to put on his pants (Ex. 6).
The evidence establishes that the amount of force used was not excessive under
the circumstances presented (
, Passino v State of New York
, 260 AD2d 915). Additionally,
the evidence is contrary to claimant's assertions that he was denied medical
attention. Immediately following the incident, claimant was given a medical
assessment that resulted in the completion of an Inmate Accident Report (Exs. 2,
5) and a Report of Inmate Injuries (Ex. 6). Photographs were also taken of
claimant (Ex. 6). Claimant was examined at Sing Sing on the date of the
incident and again at Clinton Correctional Facility on the day following the
incident (Exs. 3, 4). The medical evidence indicates no bruising or edema and
further supports this Court's finding that excessive force was not used (Exs.
2-5). In sum, claimant has failed to meet his burden of proof and his claim
LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 96332.
It is noted that, by Decision and Order file
stamped June 4, 1998, claimant was sanctioned $1,500.00 for bringing frivolous
claims; at the time, claimant had 33 pro se
claims pending (Odom v
State of New York
, Ct Cl, June 3,1998, Bell, J., Claim No. 93773).
Additionally, claimant was prohibited from filing any new pro se
absent a Court Order granting him permission, until the judgment is paid. This
claim was filed June 2, 1997, before the sanction was imposed.