Suarez v. State

Appeal from an order of the Court of Claims (Ferreira, J.), entered December 21, 2006, which denied claimant’s motion to strike defendant’s affirmative defenses and granted defendant’s cross motion to partially dismiss the claim.

Claimant, an inmate, allegedly fell out of bed and sustained injuries. Claimant thereafter commenced this action in the Court of Claims, alleging that prison personnel acted negligently and that his civil rights were violated by those employees’ failure to correct known deficiencies with the bed and their deliberate indifference to the medical needs arising from his…