Legal Opinion

Boggs v. State

New York Court of Claims

Decided December 9, 2015No. Claim No. 121796-APublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Francis T. Collins, J.

Defendant moves to dismiss the claim for lack of jurisdiction and failure to state a cause of action pursuant to CPLR 3211 (a) (2), (7) and (8).

Claimant, an inmate proceeding pro se, seeks damages for cruel and unusual punishment arising from the alleged deliberate indifference of prison officials in failing to provide him with supplies to clean up raw sewage that spontaneously erupted from the toilet in his cell. Claimant alleges the incident occurred when he was confined to his cell in the Special Housing Unit of Great Meadow Correctional Facility…

2Cases cited43 opinions

  1. Monell v. New York City Dept. of Social Servs.Supreme Court of the United States · 1978
  2. Farmer v. BrennanSupreme Court of the United States · 1994
  3. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  4. Federal Deposit Insurance v. MeyerSupreme Court of the United States · 1994
  5. Leon v. MartinezNew York Court of Appeals · 1994

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3Cited by2 opinions

  1. Alwan v. City of N.Y.District Court, E.D. New York · 2018
  2. Godin v. Corrections Corp. of AmericaVermont Superior Court · 2017

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