New York State Court of Claims

New York State Court of Claims

PRATT v. THE STATE OF NEW YORK, #2002-010-004, Claim No. 102305


Synopsis


Inmate claimant is awarded $180.00 for wrongful confinement.

Case Information

UID:
2002-010-004
Claimant(s):
GREGORY PRATT The Court has, sua sponte, amended the caption to reflect the only proper party defendant.
Claimant short name:
PRATT
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court has, sua sponte, amended the caption to reflect the only proper party defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102305
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
GREGORY PRATTPro 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:
February 26, 2002
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant seeks damages for his excessive confinement at Sing Sing Correctional Facility from March 20 to April 6, 2000.
Claimant was issued a Misbehavior Report on March 11, 2000 and confined in the Psychiatric Satellite Unit ("PSU") until March 20, 2000, when he was released from the PSU and placed in keeplock for 18 days until April 6, 2000 (Ex. A).
7 NYCRR § 251.5.1 provides:
(a) Where an inmate is confined pending a disciplinary hearing or superintendent's hearing, the hearing must be commenced as soon as is reasonably practicable following the inmate's initial confinement pending said disciplinary hearing or superintendent's hearing, but, in no event may it be commenced beyond seven days of said confinement without authorization of the commissioner or his designee.
(b) The disciplinary hearing or superintendent's hearing must be completed within 14 days following the writing of the misbehavior report unless otherwise authorized by the commissioner or his designee. Where a delay is authorized, the record of the hearing should reflect the reasons for any delay or adjournment, and an inmate should ordinarily be made aware of these reasons unless to do so would jeopardize institutional safety or correctional goals.

An extension properly given in accordance with 7 NYCRR § 251.5.1(b) will not result in a finding that the hearing was untimely held (see, Matter of Chappelle v Coombe, 234 AD2d 779). Here, however, defendant has failed to establish that the delay was "authorized" under 7 NYCRR § 251.5.1(b).
Thus, this Court finds that claimant was wrongfully confined for 18 days from March 20, 2000 until April 6, 2000 and that he is entitled to damages in the amount of $10.00 per day, for a total of $180.00, as fair and reasonable compensation (
see, Minieri v State of New York, 204 AD2d 982).
It is ordered that to the extent
claimant has paid a filing fee, it may be recovered pursuant to Court of Claims Act § 11-a(2).
LET THE JUDGMENT BE ENTERED ACCORDINGLY.

February 26, 2002
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims