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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Mar 03, 2005

Hunt v. State

The claimant, arrested for grand larceny in 1998, was unable to post bail and was sexually assaulted by another inmate while in the Manhattan Detention Center. Despite a court directive for protective custody on September 18, 1998, state court officers failed to properly record this order on the securing order. Consequently, the claimant was returned to general population and assaulted again on September 21. The Court of Claims initially dismissed the claimant's action for damages against the State. However, the appellate court reversed this decision, finding that the court officers' failure to record the protective custody order was a breach of a ministerial duty, thereby establishing state liability. The case has been remanded for a trial to determine the damages for the September 21 assault.

Inmate AssaultProtective CustodyMinisterial NegligenceState LiabilityCourt Officer DutySecuring OrderDamages RemandAppellate ReversalCorrectional Facility NegligencePrisoner Safety
References
7
Case No. MISSING
Regular Panel Decision

Rodriguez v. McClenning

Israel Rodriguez, an inmate at Green Haven Correctional Facility, sued corrections officer Daniel McClenning under 42 U.S.C. § 1983, alleging violations of his First, Eighth, and Fourteenth Amendment rights. Rodriguez claimed McClenning sexually assaulted him during a pat-frisk and retaliated against him for filing a grievance. McClenning moved for summary judgment, arguing the sexual assault claim lacked constitutional merit or was protected by qualified immunity, and that the retaliation claim lacked evidence of improper motive. The court denied McClenning's motion, concluding that sexual assault of an inmate by a prison officer violates contemporary Eighth Amendment standards and that qualified immunity does not apply to such conduct. Additionally, the court found sufficient circumstantial evidence of retaliatory motive regarding the misbehavior report to deny summary judgment on the retaliation claim.

Prisoner RightsEighth AmendmentCruel and Unusual PunishmentSexual AssaultQualified ImmunityFirst AmendmentFourteenth AmendmentRetaliationCorrectional FacilitySummary Judgment
References
54
Case No. 2021 NY Slip Op 01459 [192 AD3d 1292]
Regular Panel Decision
Mar 11, 2021

Matter of Morales (New York State Dept. of Corr. & Community Supervision)

Samuel Morales, a correction sergeant, was injured while restraining an inmate who had attempted to punch him, subsequently being placed on workers' compensation leave. His employment was terminated after one year by the New York State Department of Corrections and Community Supervision, arguing his injury did not result from an 'assault' as per Civil Service Law § 71, thus denying him a two-year leave. Morales challenged this in a CPLR article 78 proceeding, initially dismissed by the Supreme Court. The Appellate Division, Third Department, reversed, ruling that the inmate's attempted punch constituted an 'intentional physical act of violence directed toward an employee,' meeting the assault definition for § 71 eligibility. The court found the respondent's determination arbitrary, capricious, and affected by an error of law, clarifying that the statute requires disability 'resulting from' an assault, not 'directly caused' by it.

Workers' CompensationCivil Service Law § 71AssaultLeave of AbsenceCorrection SergeantInmate AltercationEmployment TerminationCPLR article 78Statutory InterpretationArbitrary and Capricious
References
7
Case No. 2021 NY Slip Op 01818 [192 AD3d 1426]
Regular Panel Decision
Mar 25, 2021

Matter of Jennings v. New York State Dept. of Corr. & Community Supervision

Petitioner, a correction officer, sustained injuries while restraining an inmate, leading to her being placed on workers' compensation leave. After one year, the New York State Department of Corrections and Community Supervision (respondent) terminated her employment, denying her request for a two-year leave of absence under Civil Service Law § 71. Petitioner then commenced a CPLR article 78 proceeding, arguing her statutory entitlement to the extended leave due to an inmate assault and challenging respondent's definition of assault as too restrictive. The Supreme Court dismissed her application. The Appellate Division affirmed the judgment, upholding respondent's narrower interpretation of

Workers' CompensationLeave of AbsenceCorrection OfficerInmate AssaultCivil Service LawCPLR Article 78Statutory InterpretationAdministrative ReviewArbitrary and CapriciousDisability
References
6
Case No. 2020 NY Slip Op 06830 [188 AD3d 1428]
Regular Panel Decision
Nov 19, 2020

Matter of Maloy v. New York State Dept. of Corr. & Community Supervision

Robert Maloy, a correction officer, sustained injuries during an altercation with an inmate at Five Points Correctional Facility. After taking a leave of absence, his employment was terminated under Civil Service Law § 71. Maloy challenged this determination, arguing he was entitled to a two-year leave due to an inmate assault, citing Penal Law § 120.05 (3). The Supreme Court dismissed his petition, which Maloy then appealed. The Appellate Division, Third Department, affirmed the Supreme Court's decision, relying on _Matter of Froehlich_ and concluding that the employer's determination was not arbitrary, capricious, or irrational regarding the definition of 'assault' under Civil Service Law § 71.

Correction Officer InjuryInmate AltercationCivil Service Law § 71Workers' Compensation ClaimLeave of Absence DenialEmployment TerminationCPLR Article 78 ProceedingAdministrative Determination ReviewDefinition of AssaultStatutory Interpretation
References
2
Case No. 2020 NY Slip Op 00652
Regular Panel Decision
Jan 30, 2020

Matter of Froehlich v. New York State Dept. of Corr. & Community Supervision

Petitioner Jason Froehlich, a correction sergeant, was injured while attempting to subdue a combative parolee. Following a year of workers' compensation leave, his employment was terminated by respondent, New York State Department of Corrections and Community Supervision, pursuant to Civil Service Law § 71. Froehlich argued he was entitled to a two-year leave of absence, asserting his injuries resulted from an assault during employment. Respondent denied this, defining "assault" as an intentional physical act of violence directed toward an employee, and found no evidence the parolee intentionally directed violence at Froehlich. The Supreme Court dismissed Froehlich's CPLR article 78 petition. The Appellate Division, Third Department, affirmed the judgment, concluding that respondent's definition of assault was rational and its application to the facts, finding no intentional physical act directed at Froehlich, was also rational. A dissenting opinion argued that the inmate's actions, under respondent's own definition, constituted an assault.

Civil Service Law § 71workers' compensation leavedisability leaveassault in employmentintentional physical act of violenceCPLR article 78 proceedingadministrative determinationrational basis reviewarbitrary and capriciouscorrection sergeant
References
7
Case No. MISSING
Regular Panel Decision
Mar 01, 1999

Ruiz v. Johnson

This Memorandum Opinion addresses motions to terminate the court's jurisdiction over an ongoing civil action concerning conditions in Texas prisons, Ruiz v. Estelle, initiated in 1972. The court rules that the termination provisions of the Prison Litigation Reform Act (PLRA) are unconstitutional, violating the separation of powers and due process clauses, and thus cannot be applied retroactively to the 1992 Final Judgment. Alternatively, the court finds systemic constitutional violations in three key areas: administrative segregation, inmate safety, and excessive force. Conditions in administrative segregation units (Levels II and III) are found to inflict cruel and unusual psychological suffering and inappropriately house mentally ill inmates. Prison officials are deemed deliberately indifferent to widespread inmate-on-inmate violence, sexual assault, and extortion, failing to provide reasonable protection. A pervasive culture of malicious and sadistic excessive force by correctional officers is also found unconstitutional. However, while medical and psychiatric care are deemed inadequate and often negligent, they do not meet the "deliberate indifference" standard required for an Eighth Amendment violation under current law. The court concludes that despite significant policy improvements, the Texas prison system's practices continue to violate constitutional standards in critical areas, ensuring continued judicial oversight.

Prison ConditionsEighth AmendmentCruel and Unusual PunishmentSeparation of PowersDue ProcessPrison Litigation Reform ActInmate SafetyExcessive ForceAdministrative SegregationMental Health Care
References
15
Case No. MISSING
Regular Panel Decision
Aug 04, 1981

Milburn v. Mcniff

This case concerns an appeal challenging the constitutionality of the New York State Department of Correctional Services' inmate correspondence program. The plaintiff, an inmate named Louis Milburn, contended that his First Amendment rights were violated when his letters to the Poughkeepsie Journal were returned, allegedly due to censorship under Departmental Directive 4422. The Supreme Court, Dutchess County, initially issued an order restricting the department from imposing greater restrictions on news media correspondence. However, the appellate court, finding a lack of factual findings and confusion regarding prior remittal instructions, again remitted the matter for a comprehensive factual hearing. This hearing is to determine the reasons for the letters' return, examine the department's directives on mail inspection and censorship, and balance governmental interests against inmates' constitutional rights, with the appeal held in abeyance.

Inmate CorrespondenceCensorshipFirst AmendmentConstitutional RightsCorrectional FacilitiesNews MediaDue ProcessAdministrative DirectivesDeclaratory JudgmentRemittal
References
7
Case No. MISSING
Regular Panel Decision

Lewter v. O'Connor Management Inc.

This case involves an appeal from a summary judgment granted in favor of O’Connor Management, Inc., d/b/a Rivergate Mall, the defendant, in a lawsuit filed by Norma Jean Lewter, an employee of a tenant. Lewter was criminally assaulted in the mall's parking lot. The central issue revolves around whether the defendant owed a duty to the plaintiff to provide adequate security and whether the assault was foreseeable given prior incidents. The court affirmed the summary judgment, ruling that under Cornpropst v. Sloan, there must be actual notice of 'imminent probability of the act' rather than just knowledge of past similar acts, and found no special relationship between the mall and the plaintiff.

Shopping Mall LiabilityPremises LiabilityCriminal AttackSecurity DutyForeseeabilitySummary Judgment AppealTennessee LawInvitee ProtectionSpecial Relationship DoctrineWorkers' Compensation Intervention
References
4
Case No. ADJ9154970
Regular
Sep 07, 2017

DEVIN SMITH vs. STATE OF CALIFORNIA-DEPARTMENT OF CORRECTIONS INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND

This case involves an inmate's workers' compensation claim where the primary issue was whether the applicant was an employee. The Workers' Compensation Appeals Board granted reconsideration, amending the initial findings to specify that the applicant sustained injury to his left thumb, which occurred in the course of his employment. While the employer disputed employee status, the Board affirmed the finding of injury to the thumb, deferring other claimed injuries. The Board's decision clarifies that the inmate was injured during his work duties, entitling him to benefits for the specific injury.

Workers' Compensation Appeals Boardinmate claimslegally uninsuredPetition for ReconsiderationFindings and Ordersworkers' compensation administrative law judgeinjurycourse of employmentbody partleft thumb
References
0
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