New York State Court of Claims

New York State Court of Claims
SHANNON v. THE STATE OF NEW YORK, # 2010-016-012, Claim No. 117282, Motion No. M-77306, Cross-Motion Nos. CM-77406, CM-77523


Case information

UID: 2010-016-012
Claimant(s): JESSE SHANNON
Claimant short name: SHANNON
Footnote (claimant name) :
Footnote (defendant name) :
Third-party claimant(s):
Third-party defendant(s):
Claim number(s): 117282
Motion number(s): M-77306
Cross-motion number(s): CM-77406, CM-77523
Judge: Alan C. Marin
Claimant's attorney: Jesse Shannon, Pro Se
Defendant's attorney: Andrew M. Cuomo, Attorney General
By: Roberto Barbosa, AAG
Third-party defendant's attorney:
Signature date: February 23, 2010
City: New York
Official citation:
Appellate results:
See also (multicaptioned case)


Claimant Jesse Shannon, an inmate at Sullivan Correctional Facility, alleges that on August 2, 2008, a correction officer issued him a false misbehavior report accusing him of attempting to smuggle cheeseburgers out of the kitchen, in retribution for Mr. Shannon's political activism as a member of the "Lifer's Committee" at the facility. In motion no. M-77306, claimant moves for an order "dismiss[ing] the defendant's Verified Answer . . ." In cross-motion no. CM-77406, defendant cross-moves for summary judgment dismissing the claim. In cross-motion no. CM-77523, claimant moves for summary judgment in his favor.

The Court of Claims "does not have jurisdiction over claims concerning alleged retaliatory misbehavior reports . . . as '[t]he proper venues for so-called retaliation claims are the inmate grievance procedure and Article 78 proceedings, not the Court of Claims' . . ." Johnson v State of New York, Ct Cl, May 24, 2007 (unreported, claim nos. 110280, 111892 and 109864, motion no. M-72780, UID #2007-044-542(1) , Schaewe, J.), citing Johnson v State of New York, Ct Cl, October 27, 2003 (unreported, claim no. 107621, motion nos. M-67430 and CM-67474, UID #2003-019-565, Lebous, J.). See also Zulu v State of New York, 2001 WL 880833 (Ct Cl 2001).

In view of the foregoing, having reviewed the submissions(2) , IT IS ORDERED that motion no. M-77306 be denied, that cross-motion no. CM-77523 be denied, that cross-motion no. CM-77406 be granted, and that claim no. 117282 be dismissed.

February 23, 2010

New York, New York

Alan C. Marin

Judge of the Court of Claims

1. This and other decisions of the Court of Claims may be found on the Court's website:

2. The following were reviewed: claimant's notice of motion no. M-77306 with affidavit in support and exhibits A through G; defendant's notice of cross-motion no. CM-77406 with affirmation and exhibits A through G; and claimant's notice of cross-motion no. CM-77523 with affidavit in support.