Opinion
# 2019-028-500 Claim No. 124215 Motion No. M-91188
01-22-2019
ROBERT ADAMS, III v. THE STATE OF NEW YORK
ROBERT ADAMS, III, PRO SE HON. LETITIA JAMES, ATTORNEY GENERAL BY: Matthew H. Feinberg, Esq. Assistant Attorney General
Synopsis
Case information
| UID: | 2019-028-500 |
| Claimant(s): | ROBERT ADAMS, III |
| Claimant short name: | ADAMS |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 124215 |
| Motion number(s): | M-91188 |
| Cross-motion number(s): | |
| Judge: | RICHARD E. SISE |
| Claimant's attorney: | ROBERT ADAMS, III, PRO SE |
| Defendant's attorney: | HON. LETITIA JAMES, ATTORNEY GENERAL BY: Matthew H. Feinberg, Esq. Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | January 22, 2019 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
Robert Adams III, an inmate proceeding pro se, seeks damages for injuries he sustained on January 3, 2013 as the result of an alleged assault by a correction officer, identified as Sgt. T. Paroline, when claimant was housed in Sing Sing Correctional Facility.
As directed in a prior Decision and Order of the Court filed April 30, 2018 (Adams v State of New York, Claim No. 124215, M-91188, unreported [Ct Cl, Scuccimarra, J., Mar. 22, 2018]), the defendant has provided the Court with copies of the Inspector General's file generated as a result of its investigation of this alleged assault for in camera inspection, together with a privilege log. Defendant indicates that Sgt. Paroline was provided with a copy of the Court's prior Decision and Order and does not wish to be heard. Finally, defendant indicates that it has provided claimant with a copy of his own statement as directed.
The Court has now completed its review of the documents - paginated as pp. 001 through 064 - as well as the defendant's privilege log, and finds that some of the documents contain information material and relevant to the prosecution or defense of the claim [Civil Practice Law and Rules §3101], while others do not, or are protected by asserted privileges that are not overborne.
Accordingly, it is hereby
ORDERED, that defendant provide legible copies to claimant of the following pages, as redacted except where indicated by the Court, within 30 days of the filing date of this decision and order:
pp. 001-034;
p. 035, without redaction;
p. 036, with no redaction of inmates' witness names, otherwise as redacted;
pp. 036-50;
p. 051, without redaction;
pp. 052-053;
pp. 054-055 without redaction;
pp. 056-064;
and it is further
ORDERED, that all documents contain appropriate certification by the agency providing them; and it is further
ORDERED, that this material is confidential, and may only be used in the case before this Court, and may not be disseminated or shared with anyone not a party to this litigation except any counsel for claimant who may be retained and staff employed by counsel to assist in this action, any experts or advisors retained by counsel in connection with this action, and such other persons as hereafter may be agreed to by the parties in writing or as authorized by the Court. Any copies disseminated to claimant are to be destroyed at the conclusion of the litigation. Copies of the documents that were provided for the Court's review may be picked up by the defendant for implementation of the Court's directives as necessary at 140 Grand Street - 9th Floor, White Plains, New York 10601.
January 22, 2019
Albany, New York
RICHARD E. SISE
Judge of the Court of Claims