Legal Opinion
Ramirez v. State
New York Court of Claims
Decided January 2, 1997No. Claim No. 93004PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
James P. King, J.
Motion by defendant for an order of dismissal. Among other issues, this motion raises the question of whether a cause of action for "wrongful confinement” within a prison setting is an intentional tort subject to the one-year time limitation of Court of Claims Act § 10 (3-b).
Claimant alleges that officials of the Coxsackie Correctional Facility wrongfully confined him to his cell from August 16 to September 1,1994 in retaliation for his having used the inmate grievance procedure to complain about inadequacies of the Coxsackie Correctional Facility inmate…
2Cases cited13 opinions
- Broughton v. StateNew York Court of Appeals · 1975
- McDermott v. City of New YorkNew York Court of Appeals · 1980
- Brick v. Cohn-Hall-Marx Co.New York Court of Appeals · 1937
- Arteaga v. State of New YorkNew York Court of Appeals · 1988
- Vigilant Insurance of America v. Housing Authority of El PasoNew York Court of Appeals · 1995
8 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- McGowan v. United StatesCourt of Appeals for the Second Circuit · 2016
- Augat v. StateAppellate Division of the Supreme Court of the State of New York · 1997
- Sinacore v. StateNew York Court of Claims · 1998
- Kairis v. StateAppellate Division of the Supreme Court of the State of New York · 2014
- Ban v. StateNew York Court of Claims · 2001
3 more not listed; retrieve them via the Exa API.