Opinion
# 2020-054-042 Claim No. 132684 Motion No. M-95770
12-14-2020
CLAYTON JOHNSON v. THE STATE OF NEW YORK
SIVIN & MILLER, LLP Edward Sivin, Esq. HON. LETITIA JAMES Attorney General for the State of New York By: John Healey, Assistant Attorney General
Synopsis
Motion to compel discovery; in camera review ordered
Case information
| UID: | 2020-054-042 |
| Claimant(s): | CLAYTON JOHNSON |
| Claimant short name: | JOHNSON |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 132684 |
| Motion number(s): | M-95770 |
| Cross-motion number(s): | |
| Judge: | WALTER RIVERA |
| Claimant's attorney: | SIVIN & MILLER, LLP Edward Sivin, Esq. |
| Defendant's attorney: | HON. LETITIA JAMES Attorney General for the State of New York By: John Healey, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | December 14, 2020 |
| City: | White Plains |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The following papers numbered 1-3 were read and considered by the Court on claimant's motion to compel the State's production of the Office of Special Investigations (OSI) report pertaining to the alleged incidents which are the subject of this claim:
Notice of Motion, Attorney's Supporting Affirmation and Exhibits.........................1
Attorney's Affirmation In Opposition......................................................................2
Attorney's Reply Affirmation...................................................................................3
This claim arises out of two incidents that allegedly occurred during claimant's incarceration at Sing Sing Correctional Facility. The first incident allegedly occurred on May 20, 2018 and continued for multiple days thereafter, when the water and plumbing was allegedly turned off in claimant's cell, depriving him of the use of water and the toilet. The second incident allegedly occurred on June 20, 2018, when claimant was allegedly left inside his cell tightly handcuffed and in a waist chain for approximately 24 hours, causing him to sustain severe personal injuries, including nerve damage.
On December 9, 2020, a telephone conference was conducted pursuant to Court of Claims Rule § 206.8 (b) which requires that, prior to the calendaring of a discovery motion, counsel for the parties engage in a conference regarding the discovery issues. At the conference, all discovery issues, except one, were resolved by agreement between counsel without the need for a Court order.
The only remaining issue of discovery pertains to Item D of Claimant's Notice For Discovery & Inspection. Item D seeks the OSI report containing all documents, photographs, other recordings and tangible items generated in response to any complaints made by claimant regarding his treatment or conditions of his confinement at Sing Sing Correctional Facility (Claimant's Ex. 2, ¶ D; Claimant's Attorney's Affirmation, ¶ 9). The State objected to the disclosure of the OSI report without the issuance of a Court order directing the State to produce the OSI report to the Court for an in camera review.
After careful consideration, the Court hereby GRANTS claimant's motion to compel the production of the OSI report and directs the State to produce the OSI report to the Court within 45 days of the filed-stamped date of this Decision and Order for an in camera inspection. The OSI report shall be Bates stamped and submitted in digital format as a PDF file along with the video referenced in the State's papers. One copy shall be unredacted and a second copy shall be marked by the State with any proposed redactions, accompanied by an asserted privilege log.
December 14, 2020
White Plains, New York
WALTER RIVERA
Judge of the Court of Claims