Legal Opinion

Holmes v. State

Appellate Division of the Supreme Court of the State of New York

Decided May 19, 1988PublishedCited by 9 opinions

1Opinion of the Court

— Mercure, J.

On November 16, 1982, while an inmate at Clinton Correctional Facility, claimant was involved in a fight with another inmate, Antonio Davila. Claimant alleges that he was struck on the head and left ear by Davila and has since suffered from headaches, earaches, dizziness and a continuous buzzing sound in his left ear. Claimant subsequently filed a claim in the Court of Claims seeking damages of $70,000,000, alleging that the State was negligent in permitting Davila, whom claimant characterizes as a "known mental patient”, to enter the general prison population.

In the course of…

2Cases cited3 opinions

  1. Legal Aid Bureau of Buffalo, Inc. v. ArmerAppellate Division of the Supreme Court of the State of New York · 1980
  2. Leef v. EversAppellate Terms of the Supreme Court of New York · 1976
  3. Thomas v. ScullyAppellate Division of the Supreme Court of the State of New York · 1987

3Cited by9 opinions

  1. People v. FishelAppellate Division of the Supreme Court of the State of New York · 2015
  2. Shader v. PeopleAppellate Division of the Supreme Court of the State of New York · 1996
  3. People v. FiguerasAppellate Division of the Supreme Court of the State of New York · 1993
  4. People v. BonizioNew York Supreme Court · 1990
  5. People v. HarringtonAppellate Division of the Supreme Court of the State of New York · 2005

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