Cataliotti v. State
| Decision Date | 31 October 1969 |
| Docket Number | No. M--12234,M--12234 |
| Citation | 305 N.Y.S.2d 28,61 Misc.2d 204 |
| Parties | Carmine CATALIOTTI, Claimant, v. The STATE of New York, Defendant. Motion |
| Court | New York Court of Claims |
Claimant on his own behalf moves for an Order appointing a guardian-ad-litem to prosecute a claim on his behalf.
Claimant is an inmate of Clinton Prison serving a sentence of 10 to 12 years. He has filed on his own behalf a Notice of Intention to file a claim alleging injuries suffered during his detention by reason of maltreatment by guards at the prison. He here moves for the appointment of a guardian-ad-litem to prosecute his claim on his behalf.
It has been held that Section 79 of the Civil Rights Law of the State of New York suspends the rights of a person While imprisoned in a state prison to institute an action in this Court with respect to matters arising out of his detention (Green v. State, 278 N.Y. 15, 14 N.E.2d 833; Hewson v. State, 27 A.D.2d 358, 279 N.Y.S.2d 790), and that what could not be done directly by one so imprisoned could not be accomplished indirectly through a legal representative (Hewson v. State, supra, pp. 361--362, 279 N.Y.S.2d pp. 793--794).
Section 79 was added to the Civil Rights Law, effective September 1, 1967. However, the section was derived from Section 510 of the Penal Law, as amended by the Laws of 1946, chapter 260, wherein the right to sue, Except with regard to matters arising out of arrest and detention was conferred upon persons sentenced to state prison, but while execution of the judgment was suspended, or while the person was released on parole. The section was amended further by the Laws of 1950, chapter 525, by conferring the rights under the section on persons sentenced for an indeterminate term, and again amended further by the Laws of 1953, chapter 176, by conferring the right to sue on a person after discharge from parole. Thus, the law therein with respect to prisoners and the exception therein with regard to matters arising out of their detention dates back at least to 1946.
In 1947, Section 6--b, was added to the Correction Law forbidding a civil action against the commissioner, or a deputy commissioner of correction or any officer or employee of a state institution for the criminally insane or mentally defective persons, in his personal capacity, for alleged damages because of any act done or failure to perform any act while discharging his official duties, without first obtaining a leave of a judge of the Supreme Court of this State. Any just claim for such damages, for which the State would be legally or equitably liable, was reguired to be brought and maintained in the Court of Claims as a claim against the State. This section was amended by the Laws of 1962, chapter 435 by adding 'state Prison or reformatory' personnel to those covered by the section. Thus, by amendment in 1962, Section 6--b and the procedure provided therein became applicable to acts of state prison personnel while discharging their official duties. Obviously, these would involve act with respect to physical injuries inflicted on prisoners while in prison.
Based on rules of statutory construction concerning intention of the Legislature in the enactment of statutes, it would appear that such Section 6--b, as amended in 1962, supersedes, pro tanto, the civil death statute (Civil Rights, Law, § 79) and envisages the bringing of a claim in the Court of Claims by a prisoner while imprisoned in a state prison or reformatory for personal injuries inflicted on him while so imprisoned, provided he obtains leave from the Supreme Court of this State as provided in such Section 6--b. If the 1962 amendment was intended to apply only to such claims brought after release from prison, then there would have been no need for the amendment because a claim could have been brought at such time without further statutory authorization (Court of...
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Ray v. Fritz
...Rights Law, McKinney's Consol.Laws, c. 6, O'Brien v. McGinnis, 63 Misc.2d 170, 311 N.Y.S.2d 553 (1970); contra, Cataliotti v. State, 61 Misc.2d 204, 305 N.Y.S.2d 28 (Ct.Cl. 1969). Section 79 provides that a prisoner serving a sentence for any term less than life is deprived "during the term......
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O'Brien v. McGinnis
...instance was referred in which this section was utilized. The only New York case supporting this position is Cataliotti v. State of New York, 61 Misc.2d 204, 305 N.Y.S.2d 28. Therein the court stated that a prisoner could bring an action for injuries inflicted upon him by prison personnel w......
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Broadus v. State, 50323
...the State of New York. See, Green v. State of New York, 278 N.Y. 15, 14 N.E.2d 833. Cf. Correction Law § 6--b; Cataliotti v. State of New York, 61 Misc.2d 204, 305 N.Y.S.2d 28. However, the Court of Claims Act, § 10(5), provides that a claimant, under a legal disability when his cause of ac......