New York State Court of Claims

New York State Court of Claims

AQUINO v. THE STATE OF NEW YORK, #2004-019-025, Claim No. 100383


Synopsis


Claimant, an inmate, alleges he was restrained contrary to a medical order which caused him injury. Claim dismissed.

Case Information

UID:
2004-019-025
Claimant(s):
DAVID AQUINO, #91-A-4574
Claimant short name:
AQUINO
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
100383
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
DAVID AQUINO, 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, David Aquino, a pro se inmate, alleges that he was restrained with handcuffs in a manner that was contrary to a medical order while incarcerated at Elmira Correctional Facility. More specifically, claimant alleges that there was a medical order directing that if he was outside of his cell for more than 15 minutes, then he must be handcuffed in front, not behind his back, due to a preexisting back problem. Claimant alleges that when he was taken out of his cell on different occasions from March 25, 1999 through March 29, 1999 he was handcuffed in the back, not the front, in violation of said medical order and resulting in personal injuries. 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. At the close of claimant's proof, the State offered the testimony of Lieutenant Robert Card who sufficiently refuted the allegations of claimant.


Consequently, at the conclusion of the trial, a decision was rendered on the record dismissing the claim due to claimant's failure to prove he was handcuffed in violation of a medical order and, even assuming the State violated any such medical order, claimant failed to establish proof of any injury.


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


ORDERED that Claim No. 100383 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