Booker v. State of New York

Amin Booker, Claimant v. The State of New York,¹ Defendant Papers Considered: Verified Claim & Exhibits Annexed    1-13 Notice of Motion to Dismiss & Affirmation        14-15 Claimant’s Opposition to Motion       16 DECISION AND ORDER Upon the foregoing papers and for the following reasons, the Motion by Defendant State of New York (hereinafter “State”), to dismiss the Claim filed by Claimant Amin Booker (hereinafter “claimant”), is granted in accordance with the following decision. By Claim filed on June 20, 2024, the claimant, an incarcerated individual at a State facility, commenced the instant wrongful confinement action against the State, alleging that he was wrongfully confined in the Special Housing Unit (hereinafter “SHU”), “depriving him of his State statutory rights pursuant to N.Y. Corr. Law §137, and procedural due process rights pursuant to 7 NYCRR §§250-254; 1010; 1.5; 255.01 [b]; 701.5; and Corr. Law §23″ (Claim, at 1-2, 2). Specifically, the claimant alleges that he received a Tier III misbehavior report on March 30, 2022, for violating Department of Corrections and Community Supervision (hereinafter “DOCCS”) rules regarding contraband and smuggling (see id. at 2, 6). The Tier III hearing was commenced on March 31,2022, and on April 5, 2022, claimant was found guilty of all charges arid sentenced to 120 days in the SHU with a corresponding loss of commissary, packages, telephone and tablet privileges (see id. at 4, 5,