Legal Opinion

De La Rosa v. State

New York Court of Claims

Decided July 14, 1997No. Claim No. 91319PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Francis T. Collins, J.

Claimant, an inmate, contends that he contracted tuberculosis while incarcerated at the Green Haven Correctional Facility due to the defendant’s failure to correct unsanitary, unsafe and poorly ventilated facilities.

*1008The claim makes the following allegations. Claimant was tested, for tuberculosis on December 4, 1991, November 24, 1992 and January 30, 1993. All of the test results were negative. Claimant was again tested on December 28, 1993 with a positive result. It is contended that the defendant violated claimant’s statutory and constitutional…

2Cases cited17 opinions

  1. Estelle v. GambleSupreme Court of the United States · 1976
  2. Hughes v. RoweSupreme Court of the United States · 1980
  3. Brown v. State of New YorkNew York Court of Appeals · 1996
  4. Bobby Williams v. Robert B. Greifinger, Deputy Commissioner and Chief Medical Officer of the New York State Department of Correctional ServicesCourt of Appeals for the Second Circuit · 1996
  5. Von Holden v. ChapmanAppellate Division of the Supreme Court of the State of New York · 1982

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3Cited by6 opinions

  1. Cartagena v. City of New YorkDistrict Court, S.D. New York · 2003
  2. Rusha v. Department of CorrectionsMichigan Court of Appeals · 2014
  3. Ramsey v. BuschDistrict Court, W.D. New York · 1998
  4. Boggs v. StateNew York Court of Claims · 2015
  5. Domenech v. GoordNew York Supreme Court · 2003

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