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
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
, cert denied sub nom. Schanbarger v Kellogg, 423 US
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.