New York State Court of Claims

New York State Court of Claims

BUMPUS v. THE STATE OF NEW YORK, #2001-011-604, Claim Nos. 104062, 104415, Motion No. M-63984


Synopsis


Claimants' motions for poor person status for the purpose of having the court appoint counsel is denied.

Case Information

UID:
2001-011-604
Claimant(s):
MR. JAMES BUMPUS, 86 A 9564
Claimant short name:
BUMPUS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104062, 104415
Motion number(s):
M-63984
Cross-motion number(s):

Judge:
THOMAS J. McNAMARA
Claimant's attorney:
James Bumpus, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Dennis M. Acton, Esq., Assistant Attorney General
Third-party defendant's attorney:

Signature date:
November 14, 2001
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision


Claimant has made a motion for poor person status for the purpose of having the courtappoint counsel to represent him in these actions in which it is alleged that defendant failed to provide the inmate claimant with adequate medical care (claim #104062) and for "unnecessary and unwanton (sig) excessive force" by correction officers (claim #104415).

Although claimant has already been granted poor person status for the purpose of partial waiver of the filing fee in this court, he was still required to, but did not, serve notice of the motion on the County Attorney.

Even assuming that Claimant had properly served the County Attorney, the motion should, nonetheless, be denied.

The claim is the type of claim generally handled by attorneys on a contingent fee basis so that Claimant's indigence is not an obstacle to obtaining legal counsel. The request for appointed counsel is, therefore, denied.

November 14, 2001
Saratoga Springs, New York

HON. THOMAS J. MCNAMARA
Judge of the Court of Claims



Papers Submitted:

  1. Motion for Assignment of Counsel and affidavit in support of James Bumpus sworn to the 22nd day of August, 2001 with attachment
  2. Letter response of Dennis M. Acton, Esq. dated August 28, 2001