Opinion
# 2015-016-017 Claim No. 122831
04-13-2015
RUBEN ROWE v. THE STATE OF NEW YORK
Ruben Rowe, Pro Se Eric T. Schneiderman, Attorney General By: Aaron Marcus, AAG
Synopsis
Case information
| UID: | 2015-016-017 |
| Claimant(s): | RUBEN ROWE |
| Claimant short name: | ROWE |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 122831 |
| Motion number(s): | |
| Cross-motion number(s): | |
| Judge: | Alan C. Marin |
| Claimant's attorney: | Ruben Rowe, Pro Se |
| Defendant's attorney: | Eric T. Schneiderman, Attorney General By: Aaron Marcus, AAG |
| Third-party defendant's attorney: | |
| Signature date: | April 13, 2015 |
| City: | New York |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
This is the decision following the trial in the claim of Ruben Rowe, which arose from his fall on concrete steps at Woodbourne Correctional Facility in Sullivan County on May 28, 2012.
Mr. Rowe testified that he was in his "cube" at Woodbourne when an officer approached him and said he was scheduled for a medical trip - - a short distance away to Sullivan Correctional Facility. Rowe protested that since it was Memorial Day, there must be some mistake, but as he testified, "the officers wouldn't listen."
All references are to the trial recording or notes therefrom.
As is required for an out-of-facility trip by an inmate, the claimant was placed in restraints - - handcuffs with a box and leg irons. Rowe recalled that the cuffs were "really tight." When he arrived at Sullivan C.F., Rowe says they were informed that there were no medical appointments because of the holiday and he was sent back to Woodbourne.
See the reference thereto in Banks v State of New York, 22 Misc 3d 1105(A) (Ct Cl 2008).
Claimant described numbness in his hands and legs as he was helped off the van at Woodbourne. Rowe's claim and grievance were admitted into evidence (defendant's exhibits A and B), and both documents strongly suggest that there was no affirmative act by the officers that caused his fall; rather, Rowe argues that the officers neglected to note his struggles and take extra care:
"[Claimant was walking] with minimum mobility to some concrete steps in full restraints, when solely because of the negligence and carelessness of Officers Neadom and Keesler, Claimant tripped and fell . . . [Defendant was] negligent in its care and custody of Claimant, while escorting [him] across a wet surface; in failing to take any steps to assist Claimant up some concrete steps; in failing to take adequate measures for Claimant's safety; and in failing to intervene to prevent Claimant's fall." [Exhibit A, paragraphs 8 and 9].
As indicated later in this decision, the correct spellings are "Needham" and "Keisler."
In his inmate grievance complaint, Rowe indicated that the medical trip on May 28, 2012 was in order for him to receive physical therapy for a back injury that he had been suffering from at the time:
"I was in full restraints. . . I had a minimum of mobility & range of motion allowed to me. Walking on the wet floor, leading up to the stairs, I tripped, going up the stairs, because the leg cuffs, being too tight, had stopped the blood circulation in my legs, at that time my legs were numb, no feeling in them. . . [I] landed on my face & knees injuring both." [Exhibit B].
The defendant State of New York called to the witness stand: correction officers Randy Needham, Russ Keisler and Richard Greenspan. Officers Needham and Keisler were Rowe's escort officers. Officer Needham testified that an inmate is always shackled prior to leaving the facility.
Needham testified that officers are not required to hold or support a shackled inmate as he walks on stairs. The officer recalled Rowe saying that the handcuffs were too tight, but there was no record indicating that he should have been issued oversized handcuffs. Needham said he heard no further complaints, including anything about claimant's arms or legs feeling numb.
The officer testified that Rowe had no problems walking before he fell, noting that the leg shackles allow a fairly good range of motion. Needham said the fall was sudden; he saw it; but "couldn't catch him."
Officer Keisler drove the van and since he was the officer who was armed, would not try to hold or support the inmate. Keisler said that he never heard Rowe complain of tight cuffs or numbness; nor did he see him fall. The officer testified that after a few minutes on the ground, the two officers "gingerly" helped claimant up. He added that the area was not wet; and in fact, was situated under an overhang.
Officer Greenspan was assigned to West Gate, through which all trips pass - - coming and going. An officer for 33 years, Greenspan knew of no requirement to hold or support a shackled inmate on steps or stairs. He recalled helping Rowe up without "yanking" him. The officer said that claimant had no problems walking after the fall. For his part, Mr. Rowe objected to this officer's testimony, maintaining that he did not remember Greenspan's presence at the site of his accident.
To meet the required burden of proof, it is the quality of the evidence supporting the claim that is significant, not the number of witnesses each party called. Pattern Jury Instructions 1:23; see for example, Ramos v State of New York, UID No. 2004-016-051 [Ct Cl, Marin, J., August 17, 2004], in which claimant had only his testimony against that of four correction officers, yet prevailed in his suit.
Mr. Rowe has not demonstrated that the correction officers were under a duty to physically assist him as he negotiated the steps - - because he was shackled or due to any existing medical condition. His contention that he complained about numbness and that the steps were wet was credibly disputed. See Reid v State of New York, UID No. 2010-044-010 [Ct Cl, Schaewe, J., October 1, 2010] and Quackenbush v State of New York, 29 Misc 3d 1155 (Ct Cl 2010). In Reid, the claimant was unable to prove that the correctional facility had notice of any dangerous condition which caused his fall on concrete steps. As for Mr. Quackenbush, who won his case - - he fell when he set foot on an unstable milk crate used as the makeshift step from the inmate van to the ground.
The case had earlier gone to the Third Department on Mr. Reid's summary judgment motion for liability.
(Reid v State of New York, 61 AD3d 1063 [2009]).
The Court cited, among others, Gordon v American Museum of Natural History, 67 NY2d 836 (1986).
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The only legal theory that was pled in Rowe's claim was the defendant's negligence in failing to protect him from falling. Having failed to meet his burden thereon, there is no basis for an inquiry with regard to any injuries that may have been caused by his fall on May 28, 2012.
In view of the foregoing, the Clerk of the Court is directed to dismiss claim No. 122831.
Let judgment be entered accordingly.
April 13, 2015
New York, New York
Alan C. Marin
Judge of the Court of Claims