Nelson v. State

Appeal from a judgment of the Court of Claims (Bell, J.), entered November 4, 1996, upon a decision of the court in favor of claimants.

Claimants, residing near Clinton Correctional Facility (hereinafter CCF) in the Village of Dannemora, Clinton County, commenced this claim as a result of an incident on July 28, 1993 in which their son, Travis Nelson (hereinafter Nelson), then 10 years old and suffering from severe asthma, was injured when CS gas, commonly known as tear gas, was released by the Correctional Emergency Response Team of CCF as part of a training exercise. At issue is the amount…