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New York: $600 For 60 Days Wrongful Confinement In Segregation
On May 17, 2004, a court of claims in Binghamton, New York, awarded $600 to
a state prisoner who was wrongfully confined in "keep-lock" for 60 days.
Luis Rosales, a New York state prisoner, was placed in keep-lock
confinement on June 3, 1997, for allegedly demonstrating, refusing a direct
order, and interfering with a prison employee. He was sentenced to a total
of 120 days in keep-lock, 60 days of which was to be suspended for 90 days.
Rosales served his first 60 days and was released on August 2, 1997.
On August 19, 1997, in a second, separate incident, Rosales was charged
with fighting and creating a disturbance. For this infraction he was
sentenced on August 25 to 30 days in keep-lock, which was to end on
September 18. Additionally, the hearing officer imposed the previously
suspended 60 days, which were too served from September 18 to November 17.
On August 27, the finding in Rosales's first disciplinary case was reversed.
Around September 10, 1997, while still in keep-lock, Rosales received a
third disciplinary infraction. As a result, his confinement in keep-lock
was extended by 20 days to October 8, and the previously deferred 60 days
were rescheduled to span the period between October 8 and December 7.
Rosales served the entire sentence.
Rosales sued the state of New York, pro se, arguing that he should have
been released from keep-lock on October 8 but was instead wrongfully
confined for the previously suspended 60 days. Rosales specifically
contended that imposing the deferred 60 days constituted wrongful
confinement and violated New York Codes, Rules, and Regulations title 7,
part 250 because that sentence had been overturned and expunged.
In reviewing the case, Court of Claims Judge Ferris D. Lebous noted that in
a September 8, 2000, case with "striking similarity" a state court held
that a suspended sentence is unavailable for reimposition if prison
officials have notice of its modification or reversal (see Ramos v. State
of New York, Court of Claims, Case no. 94496). Accordingly, Judge Lebous
agreed that the originally deferred 60 days should not have been enforced
and that Rosales should have been released on October 8. Lebous calculated
Rosales's award for the wrongful confinement at $10 a day, for a total of
$600. See: Rosales v. State of New York, Binghamton Court of Claims, Case
No. 97766.
Source: VerdictSearch New York Reporter
a state prisoner who was wrongfully confined in "keep-lock" for 60 days.
Luis Rosales, a New York state prisoner, was placed in keep-lock
confinement on June 3, 1997, for allegedly demonstrating, refusing a direct
order, and interfering with a prison employee. He was sentenced to a total
of 120 days in keep-lock, 60 days of which was to be suspended for 90 days.
Rosales served his first 60 days and was released on August 2, 1997.
On August 19, 1997, in a second, separate incident, Rosales was charged
with fighting and creating a disturbance. For this infraction he was
sentenced on August 25 to 30 days in keep-lock, which was to end on
September 18. Additionally, the hearing officer imposed the previously
suspended 60 days, which were too served from September 18 to November 17.
On August 27, the finding in Rosales's first disciplinary case was reversed.
Around September 10, 1997, while still in keep-lock, Rosales received a
third disciplinary infraction. As a result, his confinement in keep-lock
was extended by 20 days to October 8, and the previously deferred 60 days
were rescheduled to span the period between October 8 and December 7.
Rosales served the entire sentence.
Rosales sued the state of New York, pro se, arguing that he should have
been released from keep-lock on October 8 but was instead wrongfully
confined for the previously suspended 60 days. Rosales specifically
contended that imposing the deferred 60 days constituted wrongful
confinement and violated New York Codes, Rules, and Regulations title 7,
part 250 because that sentence had been overturned and expunged.
In reviewing the case, Court of Claims Judge Ferris D. Lebous noted that in
a September 8, 2000, case with "striking similarity" a state court held
that a suspended sentence is unavailable for reimposition if prison
officials have notice of its modification or reversal (see Ramos v. State
of New York, Court of Claims, Case no. 94496). Accordingly, Judge Lebous
agreed that the originally deferred 60 days should not have been enforced
and that Rosales should have been released on October 8. Lebous calculated
Rosales's award for the wrongful confinement at $10 a day, for a total of
$600. See: Rosales v. State of New York, Binghamton Court of Claims, Case
No. 97766.
Source: VerdictSearch New York Reporter
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Related legal case
Rosales v. State of New York
| Year | 2004 |
|---|---|
| Cite | Binghamton Court of Claims, Case No. 97766 |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 600 |
| Injunction Status | N/A |