New York State Court of Claims

New York State Court of Claims

MONAGAS v. THE STATE OF NEW YORK, #2007-010-048, Claim No. 113447, Motion No. M-73811


Synopsis


Claimant’s discovery motion is granted, documents to be submitted for in camera inspection.

Case Information

UID:
2007-010-048
Claimant(s):
ANTHONY MONAGAS
Claimant short name:
MONAGAS
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113447
Motion number(s):
M-73811
Cross-motion number(s):

Judge:
Terry Jane Ruderman
Claimant’s attorney:
GARY E. DIVIS, ESQ.
Defendant’s attorney:
HON. ANDREW M. CUOMO
Attorney General for the State of New YorkBy: Jeane L. Strickland Smith, Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
October 29, 2007
City:
White Plains
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

The following papers numbered 1-3 were read and considered by the Court on claimant’s discovery motion:
Notice of Motion, Supporting Affirmation and Exhibits..........................................1

Affirmation and Exhibit............................................................................................2


Letter of Claimant’s Attorney Dated October 15, 2007...........................................3

Claim No. 113447 alleges that on December 21, 2006, during claimant’s incarceration at Green Haven Correctional Facility, claimant was assaulted by inmate Shawn Davis. The attack was allegedly unprovoked and Davis purportedly used a metal object to cut claimant’s head in six places. Claimant alleges that defendant is liable for the attack on numerous grounds including, but not limited to, defendant’s failure to: provide adequate supervision; detect the metal object used in the assault; and separate and secure Davis given his known violent propensities.

Claimant’s application seeking an order directing defendant’s compliance with certain discovery demands is GRANTED as follows. Defendant is ordered to produce the following items to the Court by January 3, 2008 for an in camera inspection:
  1. Davis’ health and medical records maintained by the New York State Department of Correctional Services (NYSDOCS) and the Office of Mental Health (OMH), for the time period of one year prior to and including December 21, 2006, limited to the non-medical data which indicates Davis’ propensity for violence but does not refer to diagnosis, prognosis, or treatment;
  2. the hearing minutes and transcripts of the witnesses’ testimony, including Dr. Ryan, as was given at the misbehavior hearing against Davis regarding the December 21, 2006 incident;
  3. Davis’ record of institution infractions for one year prior to December 21, 2006;
  4. any log, document, duty chart, or other paper that would establish or bear on the issue of whether Davis’ mental, psychiatric, and emotional state was reviewed, analyzed, or scrutinized before he was lodged, placed, or housed in general population for the one year prior to December 21, 2006.
All items to be produced for an in camera review shall be paginated and submitted in triplicate. One copy shall be marked by defendant with any proposed redactions. Upon in camera review by the Court, an Order will be issued directing defendant to provide claimant with any material which the Court determines to be material and necessary to the prosecution of the claim.

Defendant is also directed to comply with claimant’s other discovery demands by providing claimant with the following items by January 3, 2008:
  1. NYSDOCS directives, local facility rules, and OMH procedures in effect for the period of one year prior to December 21, 2006, that relate to the lodging, placing, or housing of mentally, psychiatrically, or emotionally challenged inmates in general population;
  2. the Memorandum of Understanding between OMH and NYSDOCS, dated July 21, 1999 which expired on July 21, 2006, and any extensions of that Memorandum or replacements or amendments thereto.
If the aforenoted items to be produced for in camera review are not received by the Court and the other items are not received by claimant prior to January 3, 2008 in accordance with all the terms of this Order, then the matter shall be set down for a Court appearance by both parties on January 9, 2008 at 10:00 a.m. so that defendant may hand deliver all documents in compliance with this Order to claimant and the Court.


October 29, 2007
White Plains, New York

HON. TERRY JANE RUDERMAN
Judge of the Court of Claims