Newton v. State

—Judgment unanimously affirmed without costs. Memorandum: Claimant, *993an inmate at Attica Correctional Facility, commenced this action seeking damages for the injury that he sustained when another inmate stabbed him in the eye. Claimant alleged that defendant was negligent in its supervision of the inmates and in failing to have heightened security despite its awareness of a serious altercation in another part of the prison that morning. The Court of Claims properly dismissed the claim after a trial on the issue of liability. “The State’s duty to an incarcerated person encompasses protection…