Legal Opinion
Melvin v. State
Appellate Division of the Supreme Court of the State of New York
Decided December 21, 2012No. Claim No. 107704PublishedCited by 8 opinions
1Opinion of the Court
Memorandum: Claimant, an inmate at a state correctional facility operated by defendant, State of New York (State), commenced this action alleging that the State was negligent and thus was liable for injuries he sustained when he was assaulted by a fellow inmate. Following a nonjury trial on the issue of liability, the Court of Claims determined that the State was not negligent and dismissed the claim. Claimant now appeals, and we affirm.
“The State’s duty to an incarcerated person encompasses protection from the foreseeable risk of harm at the hands of other prisoners. Because the State is not…
2Cases cited5 opinions
- Sanchez v. State of NYNew York Court of Appeals · 2002
- Littlejohn v. StateAppellate Division of the Supreme Court of the State of New York · 1995
- Blake v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Schittino v. StateAppellate Division of the Supreme Court of the State of New York · 1999
- Newton v. StateAppellate Division of the Supreme Court of the State of New York · 2001
3Cited by8 opinions
- Santiago v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2023
- ANDERSON, ERIC v. STATE OF NEW YORKAppellate Division of the Supreme Court of the State of New York · 2015
- Anderson v. StateAppellate Division of the Supreme Court of the State of New York · 2015
- Anderson v. StateAppellate Division of the Supreme Court of the State of New York · 2015
- Gilhooly v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2018
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