New York State Court of Claims

New York State Court of Claims

GOODE v. THE STATE OF NEW YORK, #2009-041-501, Claim No. 111921


Synopsis

Claimant wrongfully confined in keeplock for 3 days beyond period stated in disciplinary hearing disposition is awarded $45.00.

Case Information

UID:
2009-041-501
Claimant(s):
KEVIN GOODE
Claimant short name:
GOODE
Footnote (claimant name) :

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

Third-party claimant(s):

Third-party defendant(s):

Claim number(s):
111921
Motion number(s):

Cross-motion number(s):

Judge:
FRANK P. MILANO
Claimant’s attorney:
KEVIN GOODEPro Se
Defendant’s attorney:
HON. ANDREW M. CUOMO
New York State Attorney GeneralBy: Michael Rizzo, Esq., Assistant Attorney General
Third-party defendant’s attorney:

Signature date:
January 14, 2009
City:
Albany
Comments:

Official citation:

Appellate results:

See also (multicaptioned case)



Decision

Without contradiction at trial, claimant Kevin Goode was confined to keeplock status at Clinton Correctional Facility on October 12, 2005. His confinement was to last, again without contradiction, for a period of 21 days, pursuant to a Disciplinary Hearing Disposition (Exhibit 1), until November 2, 2005. Defendant released claimant from keeplock on November 4, 2005 at 2:30 p.m.



Claimant provided trial testimony and introduced the only exhibit (Exhibit 1) in support of the facts set forth above. He was the only witness.

Although testifying at trial of “panic attacks” resulting in “mental anguish” and “emotional stress” as a result of keeplock confinement beyond November 2, 2005, in support of claimed damages of $2,000, claimant offered no proof, medical or otherwise, in support of those assertions, either as to their existence or that the extended confinement was their cause.

By his testimony and documents, claimant has shown (1) that defendant intentionally confined him, (2) that he was conscious of the confinement, (3) that he did not consent to the confinement, and (4) that the confinement was not otherwise privileged (Broughton v State of New York, 37 NY2d 451, 456 [1975], cert denied sub nom. Schanbarger v Kellogg, 423 US 929).

The State’s release of an inmate from keeplock pursuant to the express terms of a disciplinary determination is a ministerial duty, as opposed to a quasi-judicial discretionary act. The State’s unexcused failure to perform such a ministerial act may result in the State being liable for wrongful confinement damages (see Minieri v State of New York, 204 AD2d 982 [4th Dept 1994]).

Claimant is entitled to an award of $15.00 per day for 3 days excessive confinement for a total award of $45.00 (see Minieri, 204 AD2d at 983). It is further ordered that, to the extent that claimant has paid a filing fee, it may be recovered pursuant to Court of Claims Act § 11-a (2).

All motions not previously decided are hereby denied.

Let judgment be entered accordingly.


January 14, 2009
Albany, New York

HON. FRANK P. MILANO
Judge of the Court of Claims