NY State Liable Prisoner’s 30 Days Overdetention
NY State Liable Prisoner’s 30 Days Overdetention
A New York Court of Claims judge, in a trial on the issue of liability only, has determined that the state department of corrections (DOC) wrongly held a prisoner thirty days past his release date and ordered a second trial to determine damages.
Plaintiff Robert Miller was supposed to be released from prison on May 4, 2009. He served his entire sentence at Rikers Island, but then was transferred to Downstate Correctional Facility on May 12, 2009 — eight days past his ME, or maximum expiration.
Once Miller arrived at Downstate, the state claimed it could not release Miller until an appropriate parole plan was in place. That process took another three weeks and Miller was finally released on June 3, 2009, thirty days late.
The court found that the extra confinement, under New York law, was illegal, and ruled that the state was wholly liable for the wrongful confinement. The court first noted that under New York law, a prisoner's ME was the maximum date he can be held.
DOC had argued that Miller's confinement past his ME was legally justified, and thus not subject to judgment, because Miller's sentencing order authorized them to set up and impose a term of parole. The court, however, dismissed that argument, holding that while the DOC is indeed authorized to set up and impose parole, it is not authorized to hold someone past their ME.
The court entered judgment against the state of New York and ordered that a trial date be set to determine the amount of damages Miller is due. Miller was represented by attorney Nicole Bellina of Stoll, Glickman & Bellina, LLP.
See: Miller v. The State of New York (NY Court of Claims), No. 2012-039-317, Claim No. 118423 (June 28, 2012).
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Related legal case
Miller v. The State of New York
| Year | 2012 |
|---|---|
| Cite | (NY Court of Claims), No. 2012-039-317, Claim No. 118423 (June 28, 2012) |
| Level | Court of Claims |
| Conclusion | Bench Verdict |