New York State Court of Claims

New York State Court of Claims

SYDNEY v. THE STATE OF NEW YORK, #2005-010-010, Claim No. 107352


Synopsis


Inmate's claim alleging excessive force by correction officers was dismissed. The Court found that claimant's testimony was not credible and found the CO's testimony forthright and credible.

Case Information

UID:
2005-010-010
Claimant(s):
JOHNNY SYDNEY
Claimant short name:
SYDNEY
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
107352
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
JOHNNY SYDNEYPro Se
Defendant's attorney:
HON. ELIOT SPITZER
Attorney General for the State of New YorkBy: Elyse Angelico, Assistant Attorney General
Third-party defendant's attorney:

Signature date:
January 24, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant seeks damages for injuries he allegedly sustained while he was incarcerated at Sing Sing Correctional Facility (Sing Sing). Claimant testified that on February 20, 2002, he was engaged in a verbal conflict with a correction officer about a keeplock shower. Claimant stated that during the course of a pat frisk, when he was ordered to stay on the wall, he was kicked by Correction Officer Alcantara.
Correction Officer K. Harris testified that he was present during the incident. He was familiar with
claimant, who was known to throw food out of his cell and verbally harass inmates and correction officers. Harris testified that claimant was refusing to shower and that other inmates were complaining about claimant's body odor. Claimant was given a direct order to shower and placed on the wall for a pat frisk. Claimant raised his right arm in an aggressive manner and Harris guided claimant to the ground. Alcantara assisted and handcuffed claimant. Claimant was taken to the emergency room, assessed and returned to his cell. Harris did not observe any injury to claimant.
Upon consideration of all the evidence, including listening to the witnesses testify and observing their demeanor as they did so, the Court finds that
claimant was not a credible witness and that the testimony of Officer Harris was forthright and credible.
Accordingly,
claimant did not meet his burden of proof.
LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 107352.

January 24, 2005
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims