New York State Court of Claims

New York State Court of Claims

TAYLOR v. THE STATE OF NEW YORK, #2002-016-014, Claim No. 100877


Synopsis


Claim was dismissed; prisoner inmate complained that while he was unable to successfully avail himself of a psychiatric defense in his criminal case, he was required to undergo psychiatric treatment while incarcerated

Case Information

UID:
2002-016-014
Claimant(s):
DON A. TAYLOR
Claimant short name:
TAYLOR
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100877
Motion number(s):

Cross-motion number(s):

Judge:
Alan C. Marin
Claimant's attorney:
Don A. Taylor
Defendant's attorney:
Eliot Spitzer, Attorney GeneralBy: Carol A. Cocchiola, Esq., AAG
Third-party defendant's attorney:

Signature date:
February 6, 2002
City:
New York
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
This is the claim of Don A. Taylor, which was tried at Sullivan Correctional Facility. Taylor testified on his own behalf, and for its part, defendant called psychiatrist Salil Kathpalia. The gist of Taylor's claim is that although he was unable to successfully employ a psychiatric defense at his criminal trial, he has been required to undergo psychiatric treatment while thereafter incarcerated in Department of Correctional Services ("DOCS") facilities. It was unclear whether the treatment began immediately upon Taylor's incarceration or at some later time.

Dr. Salil Kathpalia testified that he is a psychiatrist employed by DOCS. He explained that individual DOCS facilities offer varying levels of psychiatric treatment, ranging from maximum "level one" facilities – where round the clock care is provided – to minimum "level six" facilities – where no psychiatric services are available. Upon entry into the DOCS system, inmates are evaluated and "matched" to a particular facility based on their assigned level of services. Kathpalia added that if the level of services for an inmate changes, he would be moved to another facility if necessary. He also testified that Taylor had been so evaluated, that his assigned level of services had been changed on various occasions, requiring him to be moved between correctional facilities.
* * *
Taylor has not shown, or even alleged, that defendant violated any DOCS policies or procedures with regard to his psychiatric treatment. Nor has he shown, or even alleged, any medical malpractice in connection with his treatment; he provided no expert testimony that accepted standards of medical care were not met. See, e.g.,
Lyons v McCauley, 252 AD2d 516, 675 NYS2d 375 (2d Dept 1998), lv denied 92 NY2d 814, 681 NYS2d 475 (1998). Nor has he shown any damages in connection with his psychiatric treatment. Finally, to the extent that he complains of the result in his criminal case, this Court is not the place for him to seek redress. See §9 of the Court of Claims Act. For the foregoing reasons, claim no. 100877 is dismissed.
LET JUDGMENT BE ENTERED ACCORDINGLY.

February 6, 2002
New York, New York

HON. ALAN C. MARIN
Judge of the Court of Claims