Claimant, Robert Mason, a pro se inmate, alleges that Southport Correctional
Facility correction officers used excessive force against him resulting in
various personal injuries on September 28, 1999. The trial of this matter was
held on November 15, 2005 in the Court of Claims courtroom in the Binghamton
Claimant offered his own testimony in support of his claim, as well as a
videotape of this incident.
Claimant testified that several correction officers assaulted him when he was
exiting his cell. At the close of claimant's proof, the State offered the
testimony of Sergeant Terry Cleveland and Correction Officers Paul Weed and
James Moss who sufficiently refuted the allegations of claimant. More
specifically, Officer Moss testified that claimant disobeyed direct orders of
the officers while exiting his cell. The court found the testimony of
Correction Officer Moss to be more credible than claimant. Further, the court
found that claimant disobeyed the direct orders 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
Parenthetically, the court noted on the record that even if the correction
officers had been found to have used excessive force in this instance, claimant
failed to establish that he suffered any injuries as a result. The State
offered the testimony of Robert Brandt, a registered nurse at Southport
Correctional Facility, to address the issue of claimant's injuries, if any,
resulting from such conduct. Nurse Brandt testified that upon a physical
examination immediately following this incident, claimant demonstrated no
bruises, cuts or other injuries. Claimant offered no medical proof to the
contrary. As such, even were the court to credit claimant's testimony regarding
the use of force, no medical evidence was submitted to substantiate any
Accordingly, based upon the findings of fact and conclusions of law placed on
the record by the court, Claim No. 101423 should be and hereby is
Any and all motions on which the court may have previously reserved or which
were not previously determined, are hereby denied.
ENTER JUDGMENT ACCORDINGLY.