|Claimant short name:||HENRY|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|Judge:||Alan C. Marin|
|Claimant's attorney:||Paul Henry, Pro Se|
|Defendant's attorney:||Andrew M. Cuomo, Attorney General
By: Roberto Barbosa, AAG
|Third-party defendant's attorney:|
|Signature date:||November 18, 2009|
|See also (multicaptioned case)|
This decision follows the trial of the claim of Paul Henry. In his claim, Mr. Henry alleges as follows. While incarcerated at Sullivan Correctional Facility, he gave various legal materials to an inmate law clerk, Kevin Bailey. On December 13, 2004, he was called to the law library by a correction officer who had confiscated the materials from Bailey. The officer gave the confiscated documents to Henry. When claimant inspected the documents upon returning to his cell, he discovered that a "large portion of his trial transcript minutes were missing, along with [his] copy of his direct appeal brief and numerous . . . additional documents . . ." Claimant subsequently filed a facility claim, which was denied, as was his appeal.
Introduced at trial as claimant's exhibit 1 were the exhibits annexed to Henry's claim as exhibits A through I. Contained therein is a copy of his facility claim, which indicates that it was denied because, "[t]he documents were stored in [an] unsecured desk. Inmate Henry has no 'Receipt of Personal Legal Papers' form to itemiz[e] his documents. He had no authorization to receive legal assistance."
In his appeal, claimant disagreed with the foregoing, stating that "(1). [a]bove findings alleging that 'Legal Documents' were stored in [an] unsecured desk was not the fault of claimant as documents were turned over to [an] assigned Law Library clerk, (2). Claimant['s] proof of possession of said documents is listed upon I-64 Form, (3). Authorization given 7[/]17/03 and 3/13/03 in accordance with Directive No. #4483."
With regard to an I-64 form that would prove possession, claimant submitted no such document at trial. As to the authorization to receive legal assistance, the authorization dated March 13, 2003 indicates that the assistance was completed on July 2, 2003, and the authorization dated July 17, 2003 indicates that the work was completed on October 31, 2003. Claimant submitted no evidence that he was authorized to receive legal assistance as of December 13, 2004 when the legal materials in question were confiscated from Bailey.
In any event, even assuming that claimant proved possession of the materials and that he was authorized to give them to Bailey, he failed to prove that the State was negligent in connection with their loss or, for that matter, how exactly the loss occurred.
Accordingly, claim no. 110720 is dismissed. LET JUDGMENT BE ENTERED ACCORDINGLY.
November 18, 2009
New York, New York
Alan C. Marin
Judge of the Court of Claims