New York Prisoner Awarded $1,170 for SHU Time Caused by Hearing Violation
New York Prisoner Awarded $1,170 for SHU Time Caused by Hearing Violation
A New York Court of Claims awarded $1,170 to a prisoner for 39 days of excessive, unprivileged confinement in a Special Housing Unit (SHU) at Marcy Correctional Facility (MCF).
After an October 14, 2011, Superintendent’s Hearing, prisoner Andre Melette was found guilty of two disciplinary violations, movement violations and engaging in or soliciting sex acts. He was sentenced to 120 days SHU to commence on February 10, 2012.
A review of the disciplinary proceeding was made by Donald Venettozzi, acting Director of Special Housing/Inmate Discipline. He found the hearing officer failed to comply with 7 NYCRR § 254.5, which provides that prisoners may call witnesses at the Superintendent’s Hearing if such testimony is material, and if permission is denied, the prisoner must be provided a written reason for the denial.
As relief, Venettozzi reversed the disciplinary findings and directed that “records containing references to the above-noted Superintendent’s hearing are to be expunged.” Melette’s court of claims action was reviewed for dismissal and summary judgment.
The court found that Melette stated a cause of action. The violation of prison regulations allowed liability to incur against the state. Additionally, the state failed to meet its burden that preclusion of the witness would not have affected the outcome of the hearing.
The court, therefore, held Melette was entitled to damages. It rejected the state’s position that damages should not be awarded for 10 days of SHU placement following Venettozzi’s decision because “potential logistical difficulties” may have delayed releasing Melette to general population. The court found no evidence of any such logistical difficulties to prevent “Timely and promptly releasing” him from SHU. The court awarded Melette $30 for each of the 39 days of excessive confinement in SHU; it also awarded recovery of the filing fee.
See: Melette v. New York, New York Court of Claims, #2013-009-029, Claim No. 121406
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Related legal case
Melette v. New York
| Year | 2013 |
|---|---|
| Cite | New York Court of Claims, #2013-009-029, Claim No. 121406 |
| Level | Court of Claims |
| Conclusion | Bench Verdict |
| Damages | 1,170.00 |