Werner v. State

Order reversed, on the law, without costs, motion granted and claim dismissed. Memorandum: Defendant appeals from an order of the Court of Claims denying its motion for summary judgment. The notice of claim alleges that claimant’s decedent, while employed by defendant as a guard at the Attica Correctional Facility, was killed as a result of the actions of the State of New York in retaking control of the prison from riotous inmates on Sentember 13, 1971. The notice of claim asserts both negligence and intentional tort, specifically claiming damages for alleged false imprisonment, personal…