This claim was tried on September 25, 2002 at the Clinton Correctional Facility
("Clinton") in Dannemora, New York.
Claimant Gregory Ferguson filed this action, pro se, on August 6, 2001.
Claimant alleges that he was served with a Tier II misbehavior ticket on
November 21, 2000
for an alleged fight at the Upstate Correctional Facility ("Upstate") where he
was incarcerated (Claim, paragraph 2). He had previously been on keeplock status
at Upstate for a different violation. At trial it was ascertained that on
November 21, 2000, claimant was transferred to Clinton where he was immediately
placed in keeplock status. Claimant alleges that he remained in keeplock status
until February 13, 2001 (Claim, paragraph 2).
The defendant conceded at trial that claimant was wrongfully kept in keeplock
until December 1, 2000 when a Tier II/Tier III hearing was conducted and it was
determined that claimant was supposed to have been released from such status on
November 18, 2000.
The defendant produced at trial Lieutenant Stephen Lacy, who testified that
there was nothing in the claimant's records that indicated that he remained in
keeplock past December 1, 2000. Ordinarily, meal records, called "feed-up
slips", would be kept for inmates served their meals in their cells. No such
records existed for the claimant past December 1, 2000. Claimant did not produce
any documentary evidence at trial that he remained in keeplock past December 1,
The Court accepts the defendant's concession that claimant was wrongfully kept
in keeplock from November 18, 2000 until December 1, 2000 and awards the
claimant $25.00 per day for the total amount of $325.00 for such wrongful
confinement. The Court credits the testimony of Lieutenant Lacy that no records
reflect that claimant was kept in keeplock past December 1, 2000. To the
extent claimant has paid a filing fee, it may be recovered pursuant to Court of
Claims Act § 11-a(2).
Let judgment be entered accordingly.