Opinion
# 2021-054-015 Claim No. 133029 Motion No. M-96218
05-05-2021
OSCAR MERCADO v. N.Y.S. DEPARTMENT OF CORRECTION; W. Lee, individually and in his official capacity as Superintendent of E.C.F.; Mr. Brady, individually and in his official capacity as Sgt. Brady; Mr. McMenemy, individually and in his official capacity Lt. McMenemy; and John Does 1-3, individually and in their official capacity
OSCAR MERCADO Pro Se HON. LETITIA JAMES Attorney General for the State of New York By: Christina Calabrese, Assistant Attorney General
Synopsis
Defendant's motion to dismiss granted- failure to state a cause of action (CPLR 32111 [a] [7])
Case information
| UID: | 2021-054-015 |
| Claimant(s): | OSCAR MERCADO |
| Claimant short name: | MERCADO |
| Footnote (claimant name) : | |
| Defendant(s): | N.Y.S. DEPARTMENT OF CORRECTION; W. Lee, individually and in his official capacity as Superintendent of E.C.F.; Mr. Brady, individually and in his official capacity as Sgt. Brady; Mr. McMenemy, individually and in his official capacity Lt. McMenemy; and John Does 1-3, individually and in their official capacity |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 133029 |
| Motion number(s): | M-96218 |
| Cross-motion number(s): | |
| Judge: | WALTER RIVERA |
| Claimant's attorney: | OSCAR MERCADO Pro Se |
| Defendant's attorney: | HON. LETITIA JAMES Attorney General for the State of New York By: Christina Calabrese, Assistant Attorney General |
| Third-party defendant's attorney: | |
| Signature date: | May 5, 2021 |
| City: | White Plains |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
The following papers numbered 1-2 were read and considered by the Court on the State's motion to dismiss:
Notice of Motion, Attorney's Supporting Affirmation and Exhibits.........................1
Claimant's Affirmation in Response.........................................................................2
The claim alleges that on May 21, 2018, during claimant's incarceration at Eastern NY Correctional Facility, claimant's legal mail, containing a thumb drive of stored legal documents, was improperly seized by the New York State Department of Corrections and Community Supervision (DOCCS). Claimant contends that the State's conduct violated his right of privacy and his federal and state constitutional rights.
The State moves to dismiss the claim for failure to state a cause of action (CPLR 3211 (a) (7). Claimant opposes the motion.
The Court of Claims is a court of limited jurisdiction and can hear only claims against the State and certain public authorities (NY Const art VI; Court of Claims Act § 9). The Court of Claims does not have jurisdiction over claims against the DOCCS employees named as individuals in the caption of the claim. Furthermore, an alleged breach of a DOCCS regulation regarding inmate mail resulting in the invasion of an inmate's right of privacy does not give rise to a cause of action for damages in the Court of Claims (see Bennet v State of New York, 11 Misc 3d 1088[A] [CtCl 2006]). Lastly, this Court does not have jurisdiction over federal constitutional torts and a state constitutional tort claim will not be implied where claimant may have an adequate remedy at law (see Martinez v Schenectady, 97 NY2d 78, 83-84 [2001]; Brown v State of New York, 89 NY2d 172, 188 [1996]; Lyles v State of New York, 2 AD3d 694, 696 [2d Dept 2003]).
Accordingly, the State's motion to dismiss the claim for failure to state a cause of action is GRANTED (CPLR 3211 [a] [7]).
May 5, 2021
White Plains, New York
WALTER RIVERA
Judge of the Court of Claims