Reference no: EM133855901

Question

The claims handled by this office in front of the New York State Court of Claims were primarily claims brought by incarcerated individuals in the state's corrections system. Incarcerated individuals would experience an event while incarcerated and bring a lawsuit against the state for monetary damages. One case I handled involved a difficult set of facts where a incarcerated individual was accused of assaulting another inmate. Due to this accusation, the incarcerated individual spent three months in solitary confinement. After the first month had been served, a determination was made at the local level that the solitary confinement was an inappropriate punishment. It took the state two months to release the incarcerated individual from solitary confinement. The incarcerated individual brought a claim for false imprisonment, arguing that the solitary confinement had been a wrongful tort against him on the part of the state. What damages do you think would be available to such an individual? What would the size, shape, and form of these damages be? What would be an appropriate remedy for leaving someone unjustly in solitary confinement for two months? What defense do you think the state put up for this case?