New York State Court of Claims

New York State Court of Claims

CANCELA v. THE STATE OF NEW YORK, #2002-010-007, Claim No. 102206


Synopsis


Inmate claimant's case alleging an attack by correction officers was dismissed as claimant failed to establish by a preponderance of the credible evidence that the alleged assault occurred.

Case Information

UID:
2002-010-007
Claimant(s):
WILFRED CANCELA
Claimant short name:
CANCELA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102206
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
WILFRED CANCELAPro 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 20, 2002
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant seeks damages for injuries he allegedly sustained on January 1, 2000, during his incarceration in the Special Housing Unit ("SHU") at Sing Sing Correctional Facility, when during a pat down strip search, he was allegedly beaten by Correction Officers White, Black, Doilt, and another unnamed officer. According to claimant, he was kicked in the stomach and chest and sustained three fractured ribs.[1] No Unusual Incident Report was prepared.
Correction Officer Jeremy White testified that on January 1, 2000, he was the exercise officer in SHU. He had no memory of the alleged incident and explained that, if such an incident had occurred, it would have been standard operating procedure to write an Unusual Incident Report. Additionally, he did not know of an Officer Black. Captain Hambert investigated the matter and, in a memorandum dated February 8, 2000, advised
claimant that his claims "were not able to be substantiated" (Ex. 1).
Upon consideration of all the evidence, including listening to the witnesses testify and observing their demeanor as they did so, this Court finds that
claimant has failed to establish by a preponderance of the credible evidence that the alleged assault occurred.
LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 102206.


February 20, 2002
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims




[1] Claimant's x-ray report dated January 5, 2000 indicated that he had a "minimally displaced fracture of the right 10th rib *** [t]he adjacent ribs were intact" (Ex. 2).