New York State Court of Claims

New York State Court of Claims

H.L. v. THE STATE OF NEW YORK, #2008-040-055, Claim No. 113054, Motion Nos. M-74374, CM-74410


Synopsis


Following an In Camera inspection of documents, State is directed to disclose certain information.

Case Information

UID:
2008-040-055
Claimant(s):
H.L.
Claimant short name:
H.L.
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
113054
Motion number(s):
M-74374
Cross-motion number(s):
CM-74410
Judge:
CHRISTOPHER J. MCCARTHY
Claimant’s attorney:
Elliot Ifraimoff & Associates, P.C.By: Julio Cesar Roman, Esq.
Defendant’s attorney:
ANDREW M. CUOMO
Attorney General of the State of New YorkBy: Joan Matalavage, Esq., AAG
Third-party defendant’s attorney:

Signature date:
September 17, 2008
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

By Decision and Order of this Court filed May 19, 2008, the State was directed to produce several specified documents for in camera inspection. The State has complied with the order and the Court has reviewed the submitted documents.

The Claim alleges that Claimant was an inmate at Wallkill Correctional Facility, located in Wallkill, New York (“Wallkill”), during the period November 29, 2004 through April 2005, where he was sexually assaulted by a male nurse employed at Wallkill. It is alleged that Defendant was negligent in the hiring, training, supervision and control of the nurse.

In response to the Court’s prior motion Decision and Order, Defendant provided the Court with copies of the nurse’s personnel file, as well as the State Police and Inspector General files regarding this matter.

The Court has now completed its review of each of the items contained in the nurse’s personnel file, as well as the relevant authority governing disclosure. After careful consideration, the Court finds that there are no items contained therein which bear any relevance whatsoever to the allegations forming the basis of the instant Claim.

The Court has also completed its review of each of the items contained in the records of the New York State Police regarding this matter, as well as the relevant authority governing disclosure. After careful consideration, the Court finds that each of the items contained therein are relevant. Therefore, the eight (8) unnumbered pages of information, consisting of a two-page incident report, two-page arrest report, a New York State Appearance Ticket and the three-page supporting deposition of H.L. should be made available to Claimant. However, those documents contain personal information, such as the nurse’s home address, telephone number, Social Security number and religious affiliation, which the Court directs be redacted.

The Court has also completed its review of each of the items contained in the Inspector General’s file regarding this matter, as well as the relevant authority governing disclosure. After careful consideration, the Court finds that the majority of the items contained in the file do not bear any relevance to the issue of the alleged negligent hiring and supervision of the nurse and should not be given to Claimant. However, there are portions which the Court finds are relevant: the two-page Investigative Report prepared by Investigator Roberto, dated November 7, 2006; the five-page “Report of Interview” with Claimant dated March 18, 2005 (pp. 6-10); seven pages of Claimant’s medical records maintained by the Department of Correctional Services (pp. 25-31); the five-page “Report of Interview” with Inmate Acosta, dated March 18, 2005 (pp. 12-16); two pages of Inmate Acosta’s Ambulatory Health Record redacted so that no medical information is provided, but only the dates of treatment and the signature of the medical provider is furnished to Claimant (pp. 32-33); the two-page “Report of Interview” with Inmate Bostick, dated September 16, 2005 (pp. 46-47); the one-page “Report of Interview” with Inmate Caraballo, dated September 28, 2005 (p. 53); the one-page “Telephone Contact Form” with Parolee Love, dated October 5, 2005 (p. 57); the one-page Criminal Complaint (p. 65); the one-page Information (p. 66) and the one-page Certificate of Disposition regarding the assault upon Claimant (p. 90).

Therefore, it is

ORDERED that Defendant turn these documents over to Claimant, at his cost, within forty (40) days of the date of filing of this Decision and Order.


September 17, 2008
Albany, New York

HON. CHRISTOPHER J. MCCARTHY
Judge of the Court of Claims