New York State Court of Claims

New York State Court of Claims

HUDSON v. THE STATE OF NEW YORK, #2004-019-024, Claim No. 100414


Synopsis


Claimant alleges he was assaulted by an unknown assailant at Elmira Correctional Facility. Bench Decision claim dismissed.

Case Information

UID:
2004-019-024
Claimant(s):
CALVIN HUDSON
Claimant short name:
HUDSON
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100414
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
CALVIN HUDSON, PRO SE
Defendant's attorney:
HON. ELIOT SPITZER, ATTORNEY GENERALBY: Geoffrey B. Rossi, Assistant Attorney General, of counsel
Third-party defendant's attorney:

Signature date:
November 23, 2004
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant, Calvin Hudson, a pro se inmate, alleges that he was assaulted by an unknown assailant at Elmira Correctional Facility on May 23, 1997. As a result of said assault, claimant received multiple cuts on his face, arm, and chest, all requiring stitches. Claimant alleges his injuries were suffered due to the negligent supervision by correction officers of the inmate population. The trial of this matter was held on November 15, 2004 at the Elmira Correctional Facility.


Claimant offered his own testimony in support of his claim for negligent supervision. At the close of claimant's proof, the State offered the testimony of Correction Officer Wenzel and Sergeant Charles which sufficiently refuted the allegations of claimant. Consequently, at the conclusion of the trial, a decision was rendered on the record dismissing the claim.


Based upon the findings of fact and conclusions of law placed on the record by the court, it is hereby


ORDERED that Claim No. 100414 should be and hereby is DISMISSED.


The clerk of the court is directed to enter judgment accordingly.



November 23, 2004
Binghamton, New York

HON. FERRIS D. LEBOUS
Judge of the Court of Claims