Opinion
# 2016-040-030 Claim No. 127133 Motion No. M-88051
05-24-2016
IVAN SWANSON v. THE STATE OF NEW YORK
Andrew F. Plasse, Esq. ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Christina Calabrese, Esq., AAG
Synopsis
Claimant's motion for in camera inspection of specified documents denied.
Case information
| UID: | 2016-040-030 |
| Claimant(s): | IVAN SWANSON |
| Claimant short name: | SWANSON |
| Footnote (claimant name) : | |
| Defendant(s): | THE STATE OF NEW YORK |
| Footnote (defendant name) : | |
| Third-party claimant(s): | |
| Third-party defendant(s): | |
| Claim number(s): | 127133 |
| Motion number(s): | M-88051 |
| Cross-motion number(s): | |
| Judge: | CHRISTOPHER J. McCARTHY |
| Claimant's attorney: | Andrew F. Plasse, Esq. |
| Defendant's attorney: | ERIC T. SCHNEIDERMAN Attorney General of the State of New York By: Christina Calabrese, Esq., AAG |
| Third-party defendant's attorney: | |
| Signature date: | May 24, 2016 |
| City: | Albany |
| Comments: | |
| Official citation: | |
| Appellate results: | |
| See also (multicaptioned case) |
Decision
For the reasons set forth below, Claimant's Motion for an order directing the State to produce specified documents for in camera inspection is denied.
The Claim, which was filed with the Clerk of the Court on December 2, 2015, alleges that, on July 31, 2014, Claimant was an inmate at Bare Hill Correctional Facility (hereinafter, "Bare Hill") and was in the B-1 recreation room at approximately 11:00 a.m. when he was assaulted by Inmate Jamel Miller, who threw toxic substances on Claimant, causing severe burns.
Claimant moves to have Defendant provide the Court a copy of the disciplinary infraction history and psychiatric records of Mr. Miller for in camera review.
Generally, the scope of discovery is broad and CPLR 3101(a) mandates "full disclosure of all matter material and necessary in the prosecution or defense of an action." Accordingly, disclosure is required "of any facts bearing on the controversy which will assist preparation for trial by sharpening the issues and reducing delay and prolixity. The test is one of usefulness and reason" (Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]). However, information that is privileged or "palpably improper," "i.e., irrelevant, overbroad and burdensome" is not subject to disclosure (DG&A Mgt. Servs., LLC v Securities Indus. Assn. Compliance & Legal Div., 78 AD3d 1316, 1318 [3d Dept 2010] [internal quotation marks and citations omitted]). It is Claimant's burden initially, as the party seeking disclosure, "to demonstrate that the method of discovery sought will result in the disclosure of relevant evidence or is reasonably calculated to lead to the discovery of information bearing on the claims … and unsubstantiated bare allegations of relevancy are insufficient to establish the factual predicate regarding relevancy" (Crazytown Furniture v Brooklyn Union Gas Co., 150 AD2d 420, 421 [2d Dept 1989] [internal citations omitted]). It is Defendant's burden, as the party challenging disclosure, to establish that the information sought is privileged or immune from disclosure (see Marten v Eden Park Health Servs., 250 AD2d 44, 46-47 [3d Dept 1998]).
In opposition to the Motion, Defendant offers information that Claimant has not provided.
According to the Inmate Injury Report signed by Claimant regarding an incident in the B-1 Dorm at Bare Hill on July 31, 2014, Claimant stated that a verbal altercation between him and another inmate became physical (Affirmation of Christina Calabrese, Esq., AAG [hereinafter, "Calabrese Affirmation"], ¶ 5 & Ex. B). In addition, a Memorandum dated July 31, 2014 from Sgt. J. Berkman to Lt. C. Bashaw regarding the incident reported that both Inmates Swanson and Miller stated "they had a verbal altercation that lead to a fight" (Calabrese Affirmation, id. & Ex. C).
The above-referenced memorandum also notes that there was an eyewitness to the incident - Correction Officer Langdell, but does not recite that he observed Inmate Miller throw any substances on Claimant (Calabrese Affirmation, ¶ 5 & Ex. C). After the fight ended, the two inmates were separated and secluded from each other (Calabrese Affirmation, id.). Claimant was examined by nursing staff and no burns were noted (Calabrese Affirmation, id. & Ex. B). At that time, Claimant did not report that he was burned or that any "toxic substances" were thrown at him. The only injuries that were noted were superficial injuries to his forearms, the left back of his shoulder and his left mid-back (id.). Inmate Miller was moved to confinement in F-2 dorm and Claimant was moved to confinement in K-1 dorm (Calabrese Affirmation, id. & Ex. C).
Approximately four hours after the incident with Inmate Miller, while confined in K-1 dorm, Claimant complained to staff that he had been burned with an unknown substance and he was observed to have burns and blisters over 40% of his back (Calabrese Affirmation, ¶ 6 & Ex. D). At that time, he was interviewed and stated that an unknown inmate in K-1 dorm had thrown an unidentified liquid on his back and that he had another inmate put Vaseline on his back (id., Ex. E). He refused to give to staff the name of the inmate who applied the Vaseline to his back (id.). Claimant was issued medical treatment and eventually placed in involuntary protective custody.
Claimant has not controverted the additional facts and evidence submitted by Defendant. Thus, based upon the information provided by both sides, the Court finds and concludes that Claimant has failed to demonstrate at this time that the disciplinary infraction history and psychiatric records of Inmate Miller will result in the disclosure of relevant evidence or is reasonably calculated to lead to the discovery of information, as it is not clear that Inmate Miller threw the toxic substance on Claimant that burned him. Unsubstantiated allegations of relevancy are insufficient to establish the factual predicate regarding relevancy (Crazytown Furniture v Brooklyn Union Gas Co., supra).
Accordingly, Claimant's Motion to compel Defendant to provide the Court a copy of the disciplinary infraction history and psychiatric records of Inmate Miller for in camera review is denied.
May 24, 2016
Albany, New York
CHRISTOPHER J. McCARTHY
Judge of the Court of Claims The following papers were read and considered by the Court on Claimant's Motion: Papers Numbered Notice of Motion, Affirmation and Exhibit Attached 1 Affirmation in Response to Motion and Exhibits attached 2 Filed Papers: Claim, Answer