New York State Court of Claims

New York State Court of Claims

ROSE v. THE STATE OF NEW YORK , #2005-010-060, Claim No. 108998


Synopsis


Claim of inmate for excessive force. The Court found the amount of force used was not excessive under the circumstances presented and the claim was dismissed.

Case Information

UID:
2005-010-060
Claimant(s):
DARRELL ROSE The Court has, sua sponte, amended the caption to reflect the only proper party defendant.
Claimant short name:
ROSE
Footnote (claimant name) :

Defendant(s):
THE STATE OF NEW YORK
Footnote (defendant name) :
The Court has, sua sponte, amended the caption to reflect the only proper party defendant.
Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
108998
Motion number(s):

Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant's attorney:
DARRELL ROSEPro 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:
December 5, 2005
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant seeks damages for injuries he sustained on March 8, 2003 during his incarceration at Sing Sing Correctional Facility (Sing Sing). Claimant contends that he was assaulted by two correction officers while passing through a security checkpoint at the Five Building gate.
Claimant testified that he arrived at Sing Sing on March 5, 2003 and, on that date, had an encounter with Correction Officer Ruiz regarding the use of the telephone. Claimant maintains that he asked to use the telephone and threatened to write a grievance when Ruiz did not comply with claimant's request.
Three days later, Ruiz was stationed at the metal detector at the Five Building gate. According to
claimant, when he was going through the device, it did not ring. Nonetheless, Ruiz ordered claimant to put his hands on the wall. Ruiz then struck claimant in the groin. Claimant further testified that he was punched by Correction Officer Mendez and that they all fell to the floor. Claimant received a misbehavior report for ringing through a metal detector and refusing a direct order.
Correction Officer Daniel Ruiz testified that, prior to March 8, 2003, he had never been threatened by
claimant and had not had any contact with claimant. Ruiz stated that on March 8, 2003 he was assigned to monitor inmate movement through the Five Building gate. He recalled that an alarm sounded as claimant walked through the gate and Ruiz directed claimant to place his hands on the wall. Ruiz then proceeded to pat frisk claimant. In the middle of the frisk, claimant yelled obscenities, pulled his hands off the wall and lunged at Ruiz. Ruiz tried to restrain claimant and grabbed his upper torso. Claimant was kicking and swinging his arms wildly. Ruiz and claimant fell to the ground. Correction Officer Mendez came to Ruiz's assistance and grabbed claimant's lower body. Ruiz was eventually able to subdue claimant with mechanical restraints. The scuffle lasted approximately two minutes. Ruiz was not injured and did not observe any injuries on claimant. No disciplinary charges for excessive force were lodged against Ruiz.
Correction Officer M. Mendez testified that he has been a correction officer for almost 24 years and has never been disciplined for excessive force. He testified that on March 8, 2003, he was assigned as an A Block escort officer and performed frisks at the gate. He observed
claimant and Ruiz wrestling and heard claimant cursing. He saw Ruiz trying to gain control. Mendez pulled claimant down by his legs and all three men fell. Throughout the encounter, claimant was kicking, cursing and fighting. Mendez was eventually able to put restraints on claimant's legs.
Upon consideration of all the evidence, including listening to the witnesses testify and observing their demeanor as they did so, the Court finds that the credible evidence established that the amount of force used was not excessive under the circumstances presented (
see Passino v State of New York, 260 AD2d 915).
LET JUDGMENT BE ENTERED DISMISSING CLAIM NO. 108998.


December 5, 2005
White Plains , New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims