New York State Court of Claims

New York State Court of Claims

FERGUSON v. THE STATE OF NEW YORK, #2002-032-503, Claim No. 104691


Synopsis



Case Information

UID:
2002-032-503
Claimant(s):
GREGORY FERGUSON
Claimant short name:
FERGUSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
104691
Motion number(s):

Cross-motion number(s):

Judge:
JUDITH A. HARD
Claimant's attorney:
Gregory Ferguson, Pro Se
Defendant's attorney:
Hon. Eliot Spitzer, NYS Attorney GeneralBy: Glenn King, Esq., Assistant Attorney General, Of Counsel
Third-party defendant's attorney:

Signature date:
December 18, 2002
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
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[1]
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.[2]
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, 2000.
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.


December 18, 2002
Albany, New York

HON. JUDITH A. HARD
Judge of the Court of Claims




[1]According to the Inmate Misbehavior Report, the ticket was actually issued on November 20, 2000 (Exhibit 1).
[2]Testimony of Lieutenant Lacy and handwritten note of Lieutenant Baldwin on Exhibit 7.