New York State Court of Claims

New York State Court of Claims

JACKSON v. THE STATE OF NEW YORK, #2002-015-564, Claim No. 99566


Synopsis


Court of Claims lacks jurisdiction to handle claim based upon alleged assault by other prisoners at county correctional facility not operated by DOCS. State not responsible for activities of local corrections personnel.

Case Information

UID:
2002-015-564
Claimant(s):
BENJAMIN LARRY JACKSON
Claimant short name:
JACKSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
99566
Motion number(s):

Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant's attorney:
Benjamin L. Jackson, Pro Se
Defendant's attorney:
Honorable Eliot Spitzer, Attorney General
By: Edward F. McArdle, EsquireAssistant Attorney General
Third-party defendant's attorney:

Signature date:
August 20, 2002
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
This case was called for trial at a term of this Court held at Marcy Correctional Facility, Marcy, New York, on May 13, 2002. Claimant appeared pro se and the defendant appeared by Attorney General Eliot Spitzer (Edward F. McArdle, Assistant Attorney General).

Prior to the commencement of testimony the defendant orally moved to dismiss the claim on the grounds that the Court lacks jurisdiction in that the claim is premised upon an incident which allegedly occurred on August 20, 1998 at the Oneida County Correctional Facility, 6075 Judd Road, Oriskany, New York. This same defense was raised in defendant's answer as the State's Eleventh Affirmative Defense.

The claim seeks to recover $40,000.00 in damages for injuries incurred when the claimant was allegedly assaulted by other inmates following an in house transfer of the claimant to H-Block of the Oneida County Correctional Facility.

The Oneida County Correctional Facility located at 6075 Judd Road on Oriskany, New York is a local correctional facility operated by the County of Oneida. It is not a facility owned or operated by the New York State Department of Correctional Services or by any other State department or agency. Its employees are local and not State employees and hence the State of New York cannot be found liable for any alleged negligence on the part of such employees which permitted the alleged assault to occur (
see, Williams v State of New York, 90 AD2d 861; see also, Claude H. v County of Oneida, 214 AD2d 964; Stacchini v State of New York, Ct Cl, October 23, 2001 [Claim No. None, Motion No. M-63875] Sise, J., unreported).
This Court is therefore without subject matter jurisdiction to adjudicate the claim and it is hereby dismissed.

The Clerk shall enter judgment in accord with this decision.


August 20, 2002
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims