Opinion
# 2011-040-045 Claim No. 111928 Motion No. M-80014
08-24-2011
T.M.K. v. THE STATE OF NEW YORK
Synopsis
Claimant's request to produce records for in-camera review granted. Case information
UID: 2011-040-045 Claimant(s): T.M.K. Claimant short T.M.K. name: Footnote (claimant As this Claim involves a victim of a sexual offense, the name) : caption has been amended to protect Claimant's identity. Defendant(s): THE STATE OF NEW YORK Footnote (defendant name) : Third-party claimant(s): Third-party defendant(s): Claim number(s): 111928 Motion number(s): M-80014 Cross-motion number(s): Judge: CHRISTOPHER J. McCARTHY Claimant's David M. Goldberg, Esq. attorney: ERIC T. SCHNEIDERMAN Defendant's attorney: Attorney General of the State of New York By: G. Lawrence Dillon, Esq., AAG Third-party defendant's attorney: Signature date: August 24, 2011 City: Albany Comments: Official citation: Appellate results: See also (multicaptioned case) Decision
For the reasons set forth below, Claimant's Motion for an order compelling Defendant to provide the complete contents of the Department of Correctional Services' (DOCS) inmate records regarding Claimant's assailant for in camera review is granted.
Effective April 2011, the Department of Correctional Services and Division of Parole were merged to form the Department of Corrections and Community Supervision (DOCCS).
The Claim alleges that Claimant was an inmate at Marcy Correctional Facility located in Marcy, New York, when, on September 10, 2005 at approximately 2:00 a.m. in the B1 housing unit, Claimant was sexually assaulted by a named inmate that was an allegedly-known dangerous inmate.
Claimant is seeking to have Defendant provide the Court a copy of all inmate records of the named, alleged assailant kept by the Defendant, including, but not limited to, the commitment, the Department of Criminal Justice Services' (DCJS) report, the pre-sentence report, the receiving blotter, personal history data, medical and psychiatric records and criminal history information, 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." It is to be liberally construed, subject to a showing of materiality and necessity, and in the absence of a privilege that militates against disclosure (Hoenig v Westphal, 52 NY2d 605, 608 [1981]; Allen v Crowell-Collier Publ. Co., 21 NY2d 403, 406 [1968]; McKinney v State of New York, 111 Misc 2d 382, 384 [Ct Cl 1981]).
"It has long been recognized that the public interest is served by keeping certain government documents privileged from disclosure" (Lowrance v State of New York, 185 AD2d 268, 268 [2d Dept 1992]; see Cirale v 80 Pine St. Corp., 35 NY2d 113 [1974]). "The hallmark of this privilege is that it is applicable when the public interest would be harmed if the material were to lose its cloak of confidentiality" (Cirale v 80 Pine St. Corp., 35 NY2d 113, supra at 117). The privilege is a qualified one, applicable depending on whether "the State's interest in maintaining the integrity of its internal investigations and protecting the confidentiality of sources who provide sensitive information within a prison context, outweighs any interest of the claimant in seeking access to the file" [citations omitted] (Lowrance v State of New York, 185 AD2d 268, supra at 269).
The Court finds that Claimant has established a sufficient basis to justify a review, in camera, of all inmate records of the named, alleged assailant kept by the Defendant, including, but not limited to, the commitment, the DCJS report, the pre-sentence report, the receiving blotter, personal history data, medical and psychiatric records and criminal history information.
It is ORDERED that Defendant is to provide the Court, for purposes of an in-camera inspection, two copies of all inmate records of the named, alleged assailant kept by the Defendant, including, but not limited to, the commitment, the DCJS report, the pre-sentence report, the receiving blotter, personal history data, medical and psychiatric records and criminal history information within forty-five (45) days of the date this Decision and Order is filed in the Office of the Clerk of the Court of Claims. One copy shall be unredacted and the other shall be marked with proposed redactions that Defendant believes will protect any security interests or confidential information. Defendant is directed to sequentially number the pages of the records submitted. After reviewing the submissions, the Court will issue further direction indicating what, if any, portions of the documents in question shall be provided to Claimant.
August 24, 2011
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 in Support
and Exhibits Attached 1
Affirmation in Opposition
and Exhibits Attached 2
Affirmation in Reply 3
Filed Papers: Claim, Answer