New York State Court of Claims

New York State Court of Claims

ODOM v. THE STATE OF NEW YORK, #2001-010-071, Claim No. 96333


Synopsis


A pro se inmate failed to establish his claim of, inter alia, theft of his personal property.

Case Information

UID:
2001-010-071
Claimant(s):
JONATHAN ODOM
Claimant short name:
ODOM
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
96333
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
JONATHAN ODOMPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
September 7, 2001
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant,[1] an inmate proceeding pro se, alleges that on May 16, 1997, correction officers falsified a contraband receipt (Ex. 1) and a Misbehavior Report (Ex. 4) and stole claimant's personal items from his cell while he was at Sing Sing Correctional Facility for a Court appearance.
Claimant testified on his own behalf and log book entries for May 16, 1997 were received into evidence (Exs. 2, 3). The evidence was inconclusive as to claimant's whereabouts at the time of the alleged incident. In any event, even if claimant was not present in his cell, this is not material to the issue of his possession of "contraband" in his cell. Indeed, claimant seeks return of the confiscated items, thereby admitting possession.
In sum,
claimant has failed to establish his claim by a preponderance of credible evidence.
LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 96333.


September 7, 2001
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1] 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 claims, absent a Court Order granting him permission, until the judgment is paid. This claim was filed June 2, 1997, before the sanction was imposed.