NY prison inmate wins case but gets no money

A New York state prison inmate who won a lawsuit in the New York State Court of Claims won’t get a monetary award because he failed to present sufficient evidence of his injuries.

But Judge Linda K. Mejias-Glover ruled that the inmate’s filing fee would be reimbursed.

In July 2020, Jose Perez filed a claim seeking $8,000 in damages for negligent supervision by the state Department of Corrections and Community Supervision.

Perez suffered back and leg injuries in a fight with another inmate named Giodanni at Auburn Correctional Facility on June 8, 2020.

At the trial on June 12, 2024, Perez testified, but the state called no witnesses.

While being housed at Perez Southport Correctional Facility, Giodanni read a transcript from Perez’s criminal case which erroneously stated that Perez was a sex offender, instead of second offender. The discrepancy led to threats from several inmates.

An attorney with the Center for Appellate Litigation sent a letter on Perez’s behalf to DOCCS officials asking that Perez be placed in protective custody because of the threats.

The letter also requested that, after Perez was transferred to a new prison, he be placed in protective custody.

The letter named specific inmates, including Giodanni, who had threatened Perez.

Perez received a letter from an attorney for DOCCS, acknowledging the letter from the attorney for the Center for Appellate Litigation.

Despite the notifications, Perez was transferred to Auburn Correctional Facility on June 8, 2020, with Giodanni.

When they arrived at Auburn, they were put into the same bullpen awaiting processing. Perez told a correction officer about the threats from Giodanni, but he remained in the bullpen where they had a physical altercation.

Perez and the Giodanni were issued misbehavior reports and placed in the special housing unit.

Perez was seen by medical staff, but he failed to present any however medical records during the trial.

After the incident, Perez was placed in protective custody and was later transferred to another prison, where there have been no other safety concerns.

“The Court finds that claimant has met his burden, by a preponderance of the evidence, to establish a prima facie case of negligent supervision,” Mejias-Glover wrote in her decision.

“It is unrefuted that Southport and DOCCS were made aware, in writing, that Giodanni had been threatening claimant with physical harm, and that claimant specifically requested (protective custody) at Southport and whatever facility he was to be moved to on June 8, 2020,” she wrote.

“It is incomprehensible why claimant would be transferred on the same day and to the same facility as Giodanni, and placed into the same bullpen without shackles when Southport and DOCCS both had actual notice of the safety concerns for claimant,” she wrote.

“DOCCS failure to keep claimant away from Giodanni at all times after actual written notice was given is a breach of duty by the defendant,” she wrote.

“Accordingly, the Court finds that defendant is 100 percent liable for negligent supervision of claimant. Though the Court finds that defendant is liable, there can be no monetary award of damages as claimant failed to prove his injuries by competent evidence,” she wrote.

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