New York Prisoner Prevails at Summary Judgment on False Imprisonment Claim
New York Prisoner Prevails at Summary Judgment on False Imprisonment Claim
A New York state prisoner who was held in prison past his release date has prevailed on his motion for summary judgment establishing that DOC was 100% liable for the wrongful imprisonment.
The facts of this case are complicated, as claimant Alvin Torres was Incarcerated on two separate convictions, released early, violated parole, and released again. On his third parole violation, Torres was supposed to be released from prison on October 8, 2009, but was held until March 26, 2010.
In their response to Torres' suit, DOC claimed that it did not receive the proper paperwork from the county jail, and that it was not their responsibility "to solicit copies of sentence commitment papers" from county jails. Because they did not have the proper paperwork from the jail, DOC staff testified that they automatically deem parole violation sentences to run consecutively to state sentences.
The problem in this case, though, is that Torres' sentences were ordered to be served concurrently.
In denying the state's motion for summary judgment and granting Torres', New York Court of Claims Judge Christopher J. McCarthy found that the state failed to meet its burden of submitting evidentiary fact to support its motion. "As the party charged with the tort of wrongful confinement, it is the defendant who bears the burden of proving that confinement was privileged," the court wrote.
The court then questioned the wisdom of DOC's policy not to solicit copies of sentence and commitment papers from local jails. It found their claim that this would be "unduly burdensome" unpersuasive.
If the NY DOC "elects to proceed without facility-valid documentation, it does so at its own peril." The court set no date for a trial on the issue of damages.
See: Torres v. The State of New York (NY Court of Claims), No. 2013040-063, Claim No. 119045 (Sept. 23, 2013).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
Torres v. The State of New York
| Year | 2013 |
|---|---|
| Cite | (NY Court of Claims), No. 2013040-063, Claim No. 119045 (Sept. 23, 2013) |
| Level | State Trial Court |
| Conclusion | Bench Verdict |