|Claimant short name:||SHANNON|
|Footnote (claimant name) :|
|Defendant(s):||THE STATE OF NEW YORK|
|Footnote (defendant name) :|
|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|
|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: www.nyscourtofclaims.state.ny.us.
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.