Senor v. State

Crew III, J.P.

Appeal from an order of the Court of Claims (Collins, J.), entered May 10, 2004, which, inter alia, denied claimant’s motion for summary judgment.

Claimant, a prison inmate, allegedly exacerbated a preexisting back injury in October 2003 while using a jackhammer as part of his facility work detail. When claimant refused further participation in the work detail, he was placed in keeplock. Claimant thereafter filed the instant claim alleging that defendant’s agent was negligent in ordering him to use the subject jackhammer and in wrongfully confining him to keeplock. Following…