Opinion
# 2013-010-024 Claim No. 121525 Motion No. M-83046
05-23-2013
ERIC CRADLE v. THE STATE OF NEW YORK
Synopsis
Claimant's wrongful confinement claim dismissed. Claimant refused test for TB.
Case information
UID: 2013-010-024 Claimant(s): ERIC CRADLE Claimant short name: CRADLE Footnote (claimant name) : Defendant(s): THE STATE OF NEW YORK Footnote (defendant name) : Third-party claimant(s): Third-party defendant(s): Claim number(s): 121525 Motion number(s): M-83046 Cross-motion number(s): Judge: Terry Jane Ruderman ERIC CRADLE Claimant's attorney: Pro Se HON. ERIC T. SCHNEIDERMAN Defendant's attorney: Attorney General for the State of New York By: Terrance K. DeRosa, Assistant Attorney General Third-party defendant's attorney: Signature date: May 23, 2013 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 claimant's motion for summary judgment:
Notice of Motion, Claimant's Supporting Affidavit.................................................1
Attorney's Affirmation in Opposition and Exhibits, Memorandum of Law............2
Claimant seeks summary judgment in the amount of $600.00 on his claim that he was wrongfully confined for six days in his cell at Sing Sing Correctional Facility (Sing Sing) from April 27, 2012 to May 2, 2012.
Contrary to claimant's arguments, defendant's submissions in opposition to claimant's summary judgment motion indicate that claimant's confinement was privileged. According to the affidavit of Barbara Furco, Sing Sing's Nurse Administrator responsible for all mandatory inmate immunizations, Health Service Policy Manual 1.18 (annexed to her affidavit) requires that all inmates be tested annually for tuberculosis (TB). An inmate who refuses testing shall be keeplocked and placed on tuberculin hold until the inmate consents to the test or a year has passed within which the inmate's chest x-rays establish the absence of TB. On April 27, 2012, claimant was required to report to Sing Sing's medical facility for his mandatory TB test. Claimant refused to submit to testing and was placed on tuberculin hold and keeplocked. On May 2, 2012, claimant consented to testing and was released from keeplock.
New York State Department of Corrections and Community Supervision's policy of requiring inmates to submit to TB testing or face confinement in medical keeplock has been upheld by the courts as "reasonably related to the legitimate penological interest in preventing the spread of tuberculosis within the prison system" (Matter of Rossi v Portuondo, 277 AD2d 526, 527 [3d Dept 2000]; see also Matter of Bailey v Goord, 174 Misc 2d 632 [Sup Ct, Wyoming County 1997]). Thus, the Court finds that claimant's confinement was privileged and his claim of wrongful confinement warrants dismissal.
Claimant's summary judgment motion is DENIED and the claim is dismissed.
May 23, 2013
White Plains, New York
Terry Jane Ruderman
Judge of the Court of Claims