New York State Court of Claims

New York State Court of Claims

CONSEILLANT v. THE STATE OF NEW YORK, #2005-019-034, Claim No. 102017


Synopsis


Claimant alleges he was assaulted by correction officers. Claim Dismissed.

Case Information

UID:
2005-019-034
Claimant(s):
FRANK CONSEILLANT, #98-A-2204
Claimant short name:
CONSEILLANT
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
102017
Motion number(s):

Cross-motion number(s):

Judge:
FERRIS D. LEBOUS
Claimant's attorney:
FRANK CONSEILLANT, 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 3, 2005
City:
Binghamton
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision
Claimant, Frank Conseillant, a pro se inmate, alleges that he was assaulted by correction officers at Southport Correctional Facility on January 14, 2000. The trial of this matter was held on October 25, 2005 at the Elmira Correctional Facility.


Claimant offered his own testimony in support of his negligence claim for alleged use of excessive force by correction officers, together with the related use of force report and memorandums regarding said incident. (Cl's Ex 1). At the close of claimant's proof, the State offered the testimony of Correction Officers Roupp and Clark which sufficiently refuted the allegations of claimant. The court found the testimony of the correction officers to be more credible than claimant. More specifically, the court found that claimant disobeyed a direct order of the officers and in so doing acted in a direct and threatening manner. Consequently, at the conclusion of the trial, a decision was rendered on the record dismissing the claim and finding that the use of force in this case by the correction officers involved was reasonable and necessary under the circumstances.


Based upon the findings of fact and conclusions of law placed on the record by the court, Claim No. 102017 should be and hereby is DISMISSED.


Any and all motions on which the court may have previously reserved or which were not previously determined, are hereby denied.


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



November 3, 2005
Binghamton, New York

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