New York State Court of Claims

New York State Court of Claims

RIVERA v. THE STATE OF NEW YORK, #2008-015-109, Claim No. 114683, Motion No. M-75249


Synopsis


Upon the Court's in camera review of certain DOCS Directives, redacted copy was required to be provided to claimant.

Case Information

UID:
2008-015-109
Claimant(s):
JOSE RIVERA
Claimant short name:
RIVERA
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
114683
Motion number(s):
M-75249
Cross-motion number(s):

Judge:
FRANCIS T. COLLINS
Claimant’s attorney:
Jose Rivera, Pro Se
Defendant’s attorney:
Honorable Andrew M. Cuomo, Attorney General
By: Kent B. Sprotbery, EsquireAssistant Attorney General
Third-party defendant’s attorney:

Signature date:
December 12, 2008
City:
Saratoga Springs
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

By Decision and Order dated November 18, 2008 the claimant's motion to compel discovery was granted in part and the defendant was directed to produce Directives 4901 (Transporting Prisoners) and 4906 (Transfer of Inmates) for the Court's in camera review. Defendant has complied and the Court has completed its review of these directives.

Claimant alleges that he was placed in full restraints for a period of thirteen hours and deprived of food and water for a period of ten hours during the course of a bus transfer between Great Meadow and Clinton correctional facilities. The Court finds that Directive 4901 is not applicable to the transfer of inmates between Department of Correctional Services' (DOCS) facilities and therefore is irrelevant and immaterial to the facts of this case. This Directive is not discoverable and need not be exchanged.

Directive 4906 provides guidelines for the transfer of inmates by motor coach or mini-bus between DOCS' facilities and certain sections of this Directive may be material and necessary to the resolution of the issues in this case (CPLR 3101 [a]). Accordingly, the defendant shall provide Directive 4906 to the claimant as redacted in accordance with this Decision and Order. The Court finds the following sections should not be redacted: I ; II [D] [4]; II [D] [9] [b] [c] [d]; II [I] [1] [2] [3] [4]; II [K] [1] [2]. The Court has redacted the Directive and returned same to the defendant. The defendant shall provide the redacted copy of Directive 4906 to the claimant within 20 days following the date this Decision and Order is filed.


December 12, 2008
Saratoga Springs, New York

HON. FRANCIS T. COLLINS
Judge of the Court of Claims


The court considered the following papers:
  1. Directives 4901, 4906.