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ARTEAGA v. STATE OF NEW YORK

72 N.Y.2d 212 (1988)

Jorge Arteaga, Appellant, v. State of New York, Respondent. Michael Treacy, Appellant, v. State of New York, Respondent.

Court of Appeals of the State of New York.

Decided June 9, 1988.

Attorney(s) appearing for the Case

John D. Charles and David C. Leven for appellants.

Robert Abrams, Attorney-General (Peter H. Schiff, O. Peter Sherwood and Vernon Stuart of counsel), for respondent.

Judges KAYE, ALEXANDER and TITONE concur with Judge HANCOCK, JR.; Judge SIMONS dissents and votes to reverse in a separate opinion in which Chief Judge WACHTLER and Judge BELLACOSA concur.

HANCOCK, JR., J.

Claimants, inmates in a State correctional facility, seek damages from the State for unlawful confinement and loss of privileges resulting from the prosecution of disciplinary charges against them. Their appeals from an order affirming the dismissal of their claims present a common issue: whether the State is immune from liability for the actions of employees of the Department of Correctional...

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