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HAYWOOD v. DROWN

9 N.Y.3d 481 (2007)

881 N.E.2d 180

851 N.Y.S.2d 84

KEITH HAYWOOD, Appellant, v. CURTIS DROWN, Respondent. (Action No. 1.) KEITH HAYWOOD, Appellant, v. PAT SMITH et al., Respondents. (Action No. 2.)

Court of Appeals of the State of New York.

Decided November 27, 2007.

Attorney(s) appearing for the Case

Dechert LLP (Jason E. Murtagh, of the Pennsylvania bar, admitted pro hac vice, of counsel) and Dechert LLP, New York City (Gary J. Mennitt of counsel), for appellant.

Andrew M. Cuomo, Attorney General, Albany (Robert M. Goldfarb, Barbara D. Underwood and Nancy A. Spiegel of counsel), for respondents.

Susan Johnson, Ithaca, Karen Murtagh-Monks, Patricia Warth, Betsy Hutchings, Steven Banks, New York City, John Boston and Alfred O'Connor, Albany, for Prisoners' Legal Services of New York and others, amici curiae.

Chief Judge KAYE and Judges CIPARICK and READ concur with Judge GRAFFEO; Judge JONES dissents and votes to reverse in a separate opinion in which Judges SMITH and PIGOTT concur.

OPINION OF THE COURT

GRAFFEO, J.

Pursuant to Correction Law § 24, New York courts lack jurisdiction under state or federal law to entertain civil actions seeking money damages against correction officers. The issue in this case is whether section 24 violates the Supremacy Clause of the United States Constitution because state courts cannot adjudicate federal 42 USC § 1983 causes of action alleging...

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