Nahrue Plair, the Claimant herein, alleges in Claim Number 101231-A, that the
Defendant's agents failed to protect him from an assault by fellow inmates while
he was incarcerated at Sing Sing Correctional Facility (hereafter Sing Sing).
Trial of the matter was held at Sing Sing on January 18, 2002.
Claimant testified that on April 14, 1997 at approximately 7:30 AM he had been
released from his cell in protective custody for breakfast. While he was
eating, some "guy cut...[his] face, and his
He was escorted to the facility emergency room, where his wounds were sutured,
and he was released back to his cell. He could not say what had triggered the
Claimant asserted that after the attack, and "in violation of Directive 4910,
the area was not sealed off to search for contraband...." as required.
No other witnesses testified.
At the close of Claimant's case, the Assistant Attorney General asked this
Court to take judicial notice of a decision dismissing the claim filed on August
16, 2001 concerning this same claimant. [Claim No. 96197, Ruderman, J., filed
August 16, 2001]. When asked, the Claimant indicated that the trial held on
that claim in July, 2001 concerned the same assault of April 14, 1997, and he
had just "amended" that claim to present it again.
The doctrine of
applies "...when a party is attempting to relitigate...[his]
whole cause of action; it intervenes in that instance to foreclose not only
matters litigated, but also those which might have been litigated." Siegel, D.,
New York Practice
p.714 (3d Edition 1999). Here, Claimant has
indicated he has already had a trial on the merits of his claim that defendant's
agents failed to protect him from this same assault, that resulted in dismissal.
Judging by the filing date of the present claim, it may well be Claimant had
both claims pending simultaneously, but failed to withdraw the present claim
after the dismissal on the merits of Claim Number 96197. In any event, Claimant
has already had his day in Court, and cannot relitigate the same
The Defendant's motion to dismiss on the ground of
is hereby granted, and Claim Number 101231-A is hereby
dismissed in its entirety.
Let judgment be entered accordingly.