New York State Court of Claims

New York State Court of Claims

SINGH v. THE STATE OF NEW YORK, #2005-033-151, Claim No. 110403, Motion No. M-70520


Synopsis



Case Information

UID:
2005-033-151
Claimant(s):
BABU SINGH
Claimant short name:
SINGH
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
110403
Motion number(s):
M-70520
Cross-motion number(s):

Judge:
James J. Lack
Claimant’s attorney:
Babu Singh, Pro Se
Defendant’s attorney:
Eliot Sptizer, New York State Attorney GeneralBy: Dennis M. Acton, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
December 16, 2005
City:
Hauppauge
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

This is a claim by Babu Singh (hereinafter “claimant”) for injuries arising from the alleged negligence of an employee of the State of New York (hereinafter “defendant”). The alleged incident occurred on November 3, 2003. Claimant was an inmate at Eastern Correctional Facility, Napanoch, New York. On the incident date, claimant was being transported to Shawangunk Correctional Facility for physical therapy.[1] While exiting a vehicle, claimant twisted his knee. A corrections officer tried to balance claimant on a loading dock while removing claimant’s leg shackles. Claimant indicates that he passed out and fell to the concrete. Claimant argues that defendant was negligent in not using a wheelchair during claimant’s transport.

Claimant makes the instant motion to compel defendant to produce documents[2] demanded on March 26, 2005. The documents requested are:
1. The New York State DOCS Employee Manual;

2. Directive 4901 - Transporting Prisoners

3. Directive 4906 - Transfer of Inmates

4. Directive 4918 - Inmate Health Care During Transfer

5. Directive 4055 - Reporting Injuries & Occupational Illnesses

6. Directive 4302 - Transfers - Special Needs Inmates

7. Directive 4904 - Rules & Regulations for the Operation of Outside Hospital Detail

Defendant objects to the release of the requested material based upon security concerns. Defendant consents to release Directive 4918 Section III B which relates to use of a wheelchair and wheelchair accessible transport. In addition, defendant consents to release those portions of the employee manual which it routinely discloses pursuant to the Freedom of Information Law.

Based upon the foregoing, defendant is directed to provide claimant with those copies it consents to release within 45 days of the filing date of this decision and order.

Based upon the legitimate security concerns, the Court will deny the remainder of claimant’s request until claimant has reviewed the documents provided by the defendant. After reviewing the documents, claimant may, if he believes it necessary, make a further application to this Court for an in camera review of the documents by the Court, provided claimant demonstrates a basis for such requests.


December 16, 2005
Hauppauge, New York

HON. JAMES J. LACK
Judge of the Court of Claims




[1].Claimant had a prior knee injury which required physical therapy.
[2].The following papers have been read and considered on claimant’s motion: Notice of Motion to Compel Production of Documents dated July 16, 2005 and filed August 1, 2005; Affidavit in Support of Motion to Compel Production of Documents of Babu Singh sworn to July 21, 2005 and filed August 1, 2005; Affidavit of Lucien J. Leclaire, Deputy Commissioner of Correctional Facilities for the New York State Department of Correctional Services sworn to August 31, 2005 and filed September 8, 2005.