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NY Jail Must Release Suicide Reports
The New York Supreme Court ordered the director of the Suffolk Count Jail
to release reports concerning a prisoner suicide to the New York State
Commission of Correction, (Commission).
On November 7, 2003, a prisoner at the Suffolk County Jail was found
hanging in his cell, dead. A jail guard sent a report of the incident to
the Commission. In accordance with Correction Law § 47(1)(a), the
Commission initiated an investigation of the cause and circumstances of the
death.
On July 12, 2004, the Commission requested a copy of a quality review
report and any other internal review conducted regarding services and
treatment the prisoner received on November 7, 2003. The Jail director
refused, and the Commission brought an action under CPLR Article 78 to
compel compliance.
The New York Supreme Court rejected the director's argument that the
document sought is exempt from disclosure. Under Correction Law §44(4),
the Commission is entitled to any assistance, information and data
necessary to perform its duties. Implicit in the authorization in
Correction Law §44 for the Commission to request the report is a duty
upon respondent to produce it. Therefore, the court ordered production
within 15 days. See: Crocev v. Alicandro, 791 NYS 2d 813 (NY S. Ct., Albany
Cty., 2005).
to release reports concerning a prisoner suicide to the New York State
Commission of Correction, (Commission).
On November 7, 2003, a prisoner at the Suffolk County Jail was found
hanging in his cell, dead. A jail guard sent a report of the incident to
the Commission. In accordance with Correction Law § 47(1)(a), the
Commission initiated an investigation of the cause and circumstances of the
death.
On July 12, 2004, the Commission requested a copy of a quality review
report and any other internal review conducted regarding services and
treatment the prisoner received on November 7, 2003. The Jail director
refused, and the Commission brought an action under CPLR Article 78 to
compel compliance.
The New York Supreme Court rejected the director's argument that the
document sought is exempt from disclosure. Under Correction Law §44(4),
the Commission is entitled to any assistance, information and data
necessary to perform its duties. Implicit in the authorization in
Correction Law §44 for the Commission to request the report is a duty
upon respondent to produce it. Therefore, the court ordered production
within 15 days. See: Crocev v. Alicandro, 791 NYS 2d 813 (NY S. Ct., Albany
Cty., 2005).
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Related legal case
Crocev v. Alicandro
| Year | 2005 |
|---|---|
| Cite | 791 NYS 2d 813 (NY S. Ct., Albany Cty., 2005) |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 0 |
| Injunction Status | Granted |
[*1] Alan J. Croce, in his capacity of Chairman of the Commission of Correction, Petitioner, v. Jeanne Alicandro, M.D., Individually and in her capacity of Medical Director of the Suffolk County Department of Health Services Emergency Medical Services Division, Respondent.
7003-04
SUPREME COURT OF NEW YORK, ALBANY COUNTY
2005 NY Slip Op 25098; 7 Misc. 3d 744; 791 N.Y.S.2d 813; 2005 N.Y. Misc.
February 14, 2005, Decided
NOTICE: THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING THE RELEASE OF THE FINAL PUBLISHED VERSION. THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE PRINTED OFFICIAL REPORTS.
DISPOSITION: Respondent directed to produce the material demanded.
COUNSEL: Brian M. Callahan, Esq., Attorney for Petitioner, NYS Commissioner of Correction, Albany, New York.
Brian P. Callahan, Esq., Assistant Suffolk County Attorney, Attorney for Respondent, H. Lee Dennison, Hauppauge, New York.
JUDGES: Thomas J. McNamara, Acting Supreme Court Justice.
OPINION BY: Thomas J. McNamara
OPINION: [**745] [***813] THOMAS J. McNAMARA, J. On November 7, 2003, an inmate at the Suffolk County Jail was found hanging in his cell. Cardio-pulmonary resuscitation was administered and he was then transported by ambulance to the hospital where he was later pronounced dead. A report of the incident was provided to the New York State Commission of Correction by a correction officer employed at the jail. Following notification of the inmate's death the Commission, in accordance with Correction Law § 47(1)(a), initiated an investigation into the cause and circumstances of the death. On July 12, 2004, petitioner requested that respondent produce a copy of a quality review report and any other internal review conducted regarding services and treatment provided to the inmate on November 7, 2003. When [*2] respondent refused the request, petitioner brought this proceeding pursuant to CPLR Article 78 to compel compliance. Correction Law § 47(1)(a) requires the Commission, via its Medical Review Board, to investigate and review the cause and circumstances surrounding the death of any inmate of a correctional facility. Under Correction Law § 44(4), the Commission "chairman may request and receive from any department, division, board, bureau, commission or other agency of the state or any political subdivision thereof or any public authority such assistance, information and data as will enable the commission, the board and the council properly to carry out its functions, powers and duties."
[***814] Respondent maintains that the document sought is exempt from disclosure. Public Health Law § 3006 provides that "notwithstanding any other provisions of law, none of the records, documentation, or committee actions or records required pursuant to this section shall be subject to disclosure under article six of the public officers law or article thirty-one of the civil practice law and rules, except as hereinafter provided or as provided in any other provision of law."
The demand by petitioner for the report was not made pursuant to either Public Officers Law article 6 (Freedom of Information Law) or the article 31 of the CPLR which address disclosure in civil actions. Consequently, the report is not exempt from disclosure under the provisions of Public Health Law § 3006. [**746] Though respondent is understandably concerned that the report may be released once in the hands of petitioner, the prohibition against disclosure in section 3006 is not by its terms limited to any individual and, therefore, would apply equally to petitioner. In addition, petitioner has indicated that it will not produce the report in violation of the Public Health Law provision.
Implicit in the authorization in Correction Law § 44 for petitioner to request the report is a duty upon respondent to produce it. And, inasmuch as there is no statutory or other restraint on respondent's ability to do so, petitioner is awarded judgment directing respondent to produce the material demanded within fifteen days of service upon her of a copy of this judgment with notice of its entry.
All papers including this judgment are returned to petitioner's attorneys. The signing of this Judgment shall not constitute entry or filing under CPLR 2220. Counsel is not relieved from the applicable provisions of this rule with regard to filing, entry and Notice of Entry.
ENTER.
Dated:Saratoga Springs, New York
February 14, 2005
Thomas J. McNamara
Acting Supreme Court Justice
7003-04
SUPREME COURT OF NEW YORK, ALBANY COUNTY
2005 NY Slip Op 25098; 7 Misc. 3d 744; 791 N.Y.S.2d 813; 2005 N.Y. Misc.
February 14, 2005, Decided
NOTICE: THE LEXIS PAGINATION OF THIS DOCUMENT IS SUBJECT TO CHANGE PENDING THE RELEASE OF THE FINAL PUBLISHED VERSION. THIS OPINION IS UNCORRECTED AND SUBJECT TO REVISION BEFORE PUBLICATION IN THE PRINTED OFFICIAL REPORTS.
DISPOSITION: Respondent directed to produce the material demanded.
COUNSEL: Brian M. Callahan, Esq., Attorney for Petitioner, NYS Commissioner of Correction, Albany, New York.
Brian P. Callahan, Esq., Assistant Suffolk County Attorney, Attorney for Respondent, H. Lee Dennison, Hauppauge, New York.
JUDGES: Thomas J. McNamara, Acting Supreme Court Justice.
OPINION BY: Thomas J. McNamara
OPINION: [**745] [***813] THOMAS J. McNAMARA, J. On November 7, 2003, an inmate at the Suffolk County Jail was found hanging in his cell. Cardio-pulmonary resuscitation was administered and he was then transported by ambulance to the hospital where he was later pronounced dead. A report of the incident was provided to the New York State Commission of Correction by a correction officer employed at the jail. Following notification of the inmate's death the Commission, in accordance with Correction Law § 47(1)(a), initiated an investigation into the cause and circumstances of the death. On July 12, 2004, petitioner requested that respondent produce a copy of a quality review report and any other internal review conducted regarding services and treatment provided to the inmate on November 7, 2003. When [*2] respondent refused the request, petitioner brought this proceeding pursuant to CPLR Article 78 to compel compliance. Correction Law § 47(1)(a) requires the Commission, via its Medical Review Board, to investigate and review the cause and circumstances surrounding the death of any inmate of a correctional facility. Under Correction Law § 44(4), the Commission "chairman may request and receive from any department, division, board, bureau, commission or other agency of the state or any political subdivision thereof or any public authority such assistance, information and data as will enable the commission, the board and the council properly to carry out its functions, powers and duties."
[***814] Respondent maintains that the document sought is exempt from disclosure. Public Health Law § 3006 provides that "notwithstanding any other provisions of law, none of the records, documentation, or committee actions or records required pursuant to this section shall be subject to disclosure under article six of the public officers law or article thirty-one of the civil practice law and rules, except as hereinafter provided or as provided in any other provision of law."
The demand by petitioner for the report was not made pursuant to either Public Officers Law article 6 (Freedom of Information Law) or the article 31 of the CPLR which address disclosure in civil actions. Consequently, the report is not exempt from disclosure under the provisions of Public Health Law § 3006. [**746] Though respondent is understandably concerned that the report may be released once in the hands of petitioner, the prohibition against disclosure in section 3006 is not by its terms limited to any individual and, therefore, would apply equally to petitioner. In addition, petitioner has indicated that it will not produce the report in violation of the Public Health Law provision.
Implicit in the authorization in Correction Law § 44 for petitioner to request the report is a duty upon respondent to produce it. And, inasmuch as there is no statutory or other restraint on respondent's ability to do so, petitioner is awarded judgment directing respondent to produce the material demanded within fifteen days of service upon her of a copy of this judgment with notice of its entry.
All papers including this judgment are returned to petitioner's attorneys. The signing of this Judgment shall not constitute entry or filing under CPLR 2220. Counsel is not relieved from the applicable provisions of this rule with regard to filing, entry and Notice of Entry.
ENTER.
Dated:Saratoga Springs, New York
February 14, 2005
Thomas J. McNamara
Acting Supreme Court Justice