Holloway v. State, 285 A.D.2d 765 (N.Y. App. Div. 2001). · Go Syfert
Holloway v. State, 285 A.D.2d 765 (N.Y. App. Div. 2001). Cases Citing This Book View Copy Cite
17 citation events (17 in the last 25 years) across 2 distinct courts.
Strongest positive: Diaz v. State of New York (nyappdiv, 2017-11-16)
Top citers, strongest first. 11 distinct citers. How cited ↗
discussed Cited as authority (rule) Diaz v. State of New York
N.Y. App. Div. · 2017 · confidence medium
As to the merits of the wrongful confinement claim, the case law makes clear that the “actions of correctional facility employees with respect to inmate discipline matters are quasi-judicial in nature and, unless the employees exceed the scope of their authority or violate the governing statutes and regulations, [defendant] has absolute immunity for those actions” (Holloway v State of New York, 285 AD2d 765, 765 [2001]; accord Loret v State of New York, 106 AD3d 1159, 1159 [2013], lv denied 22 NY3d 852 [2013]; Davidson v State of New York, 66 AD3d 1089, 1090 [2009]; see Arteaga v State of …
discussed Cited as authority (rule) Flemming v. State
N.Y. App. Div. · 2014 · confidence medium
Here, even assuming that the correction officers who searched claimant’s cell abused their discretion by not allowing him to be present, the officers “were nevertheless exercising a discretionary authority for which [defendant] has absolute immunity” (Holloway v State of New York, 285 AD2d 765, 766 [2001]).
discussed Cited as authority (rule) FlemmingvStateofNewYork
N.Y. App. Div. · 2014 · confidence medium
Here, even assuming that the correction officers who searched claimant's cell abused their discretion by not allowing him to be present, the officers "were nevertheless exercising a discretionary authority for which [defendant] has absolute immunity" (Holloway v State of New York, 285 AD2d 765, 766 [2001]).
discussed Cited as authority (rule) Flemming v. State
N.Y. App. Div. · 2014 · confidence medium
Here, even assuming that the correction officers who searched claimant’s cell abused their discretion by not allowing him to be present, the officers “were nevertheless exercising a discretionary authority for which [defendant] has absolute immunity” (Holloway v State of New York, 285 AD2d 765, 766 [2001]).
discussed Cited as authority (rule) Loret v. State
N.Y. App. Div. · 2013 · confidence medium
We affirm. “[A]ctions of correctional facility employees with respect to inmate discipline matters are quasi-judicial in nature and, unless the employees exceed the scope of their authority or violate the governing statutes and regulations, [defendant] has absolute immunity for those actions” (Holloway v State of New York, 285 AD2d 765, 765 [2001]; see Arteaga v State of New York, 72 NY2d 212, 215-216 [1988]; Pryor v State of New York, 92 AD3d 1047, 1048 [2012]; Varela v State of New York, 283 AD2d 841, 841 [2001]).
discussed Cited as authority (rule) Loret v. State
N.Y. App. Div. · 2013 · confidence medium
We affirm. “[A]ctions of correctional facility employees with respect to inmate discipline matters are quasi-judicial in nature and, unless the employees exceed the scope of their authority or violate the governing statutes and regulations, [defendant] has absolute immunity for those actions” (Holloway v State of New York, 285 AD2d 765, 765 [2001]; see Arteaga v State of New York, 72 NY2d 212, 215-216 [1988]; Pryor v State of New York, 92 AD3d 1047, 1048 [2012]; Varela v State of New York, 283 AD2d 841, 841 [2001]).
discussed Cited as authority (rule) Callender v. State
nyclaimsct · 2012 · confidence medium
It is, in any event, claimant’s burden to demonstrate how defendant ran afoul of governing regulations (see Geer v State of New York, Ct Cl, Mar. 9, 2000, McNamara, J., claim No. 100902, UID No. 2000-011-502 [claimant failed to rebut the presumption of absolute immunity]; Holloway v State of New York, 285 AD2d 765, 766 [3d Dept 2001] [affirming dismissal of wrongful confinement claim where “there is insufficient evidence in this record” to show a statutory or regulatory violation]).
discussed Cited as authority (rule) Ruggiero v. State of New York
nyclaimsct · 2010 · confidence medium
While it is well-settled that actions of correctional facility employees taken in furtherance of authorized disciplinary measures are quasi-judicial in nature and entitled to absolute immunity, it is equally settled that actions of employees which exceed the scope of their authority or violate applicable governing statutes and regulations are not (Arteaga v State of New York, 72 NY2d 212, 218-220 [1988]; Davidson v State of New York, 66 AD3d 1089 [2009]; Holloway v State of New York, 285 AD2d 765, 766 [2001]; Mitchell v State of New York, 32 AD3d 594 [2006]; DuBois v State of New York, 25 Misc…
discussed Cited as authority (rule) Davidson v. State
N.Y. App. Div. · 2009 · confidence medium
Preliminarily, we observe “that actions of correctional facility employees with respect to inmate discipline matters are quasi-judicial in nature and, unless the employees exceed the scope of their authority or violate the governing statutes and regulations, [defendant] has absolute immunity for those actions” (Holloway v State of New York, 285 AD2d 765, 765 [2001]).
discussed Cited as authority (rule) Donald v. State
nyclaimsct · 2009 · confidence medium
In the context of typical wrongful confinement claims arising in correctional facilities, privilege arises based upon the quasi-judicial nature of prison disciplinary proceedings “and, unless the employees exceed the scope of their authority or violate the governing statutes and regulations, the State has absolute immunity for those actions” (Holloway v State of New York, 285 AD2d 765, 766 [3d Dept 2001]).
discussed Cited as authority (rule) Mitchell v. State
N.Y. App. Div. · 2006 · confidence medium
Initially, we note that defendant is immune from liability for the actions of employees of the Department of Correctional Services concerning the discipline of inmates if the employees act under the authority of and in compliance with the governing statutes and regulations (see Arteaga v State of New York, 72 NY2d 212, 214, 218-220 [1988]; Holloway v State of New York, 285 AD2d 765, 765 [2001]).
Retrieving the full opinion text from the archive…
Ronald Holloway
v.
State of New York
Appellate Division of the Supreme Court of the State of New York.
Jul 12, 2001.
285 A.D.2d 765
Cardona.
Cited by 14 opinions  |  Published
—Cardona, P. J.

Appeal from an order of the Court of Claims (McNamara, J.), entered May 26, 2000, which, inter alia, granted the State’s motion for summary judgment dismissing the claim.

Claimant commenced this action to recover damages for his alleged wrongful confinement in a special housing unit as the result of a prison disciplinary determination that was annulled by this Court based upon the lack of compliance with a directive of the Department of Correctional Services allowing inmates to observe cell frisks under certain circumstances (see, Matter of Holloway v Lacy, 263 AD2d 740).* Following joinder of issue, the parties cross-moved for summary judgment. The Court of Claims granted the State’s motion dismissing the claim, resulting in this appeal.

It is well settled that actions of correctional facility employees with respect to inmate discipline matters are quasi-judicial in nature and, unless the employees exceed the scope of their authority or violate the governing statutes and regulations, the State has absolute immunity for those actions (see, Arteaga v [*766] State of New York, 72 NY2d 212, 214, 218-220). Claimant contends that absolute immunity does not apply herein based on the correction officers’ alleged failure to comply with the relevant directive when frisking his cell.

We disagree. The cell frisk clearly fell within “the ‘formidable tasks’ of maintaining order and security in correctional facilities and protecting the safety of inmates and employees” (id., at 217). In conducting the frisk and deciding whether to allow claimant to observe it, the correction officers were obligated to make a “discretionary decision! ] in furtherance of general policies and purposes where the exercise of reasoned judgment can produce different acceptable results” (id., at 219). Under these circumstances, “it is particularly important that correction officers not be dissuaded by the possibility of litigation from making the difficult decisions which their duties demand” (id., at 220). Accordingly, while the correction officers who frisked claimant’s cell may have abused their discretion by not allowing him to observe the frisk, thereby providing the basis for this Court’s judgment annulling the disciplinary determination, the correction officers conducting the frisk were nevertheless exercising a discretionary authority for which the State has absolute immunity (see, id., at 214). We further note that there is insufficient evidence in this record of any violation of Correction Law § 112 or § 137 or 7 NYCRR parts 250-254 (see, id.).

Finally, despite claimant’s argument to the contrary, the State cannot be held liable in damages based upon his alleged unlawful imprisonment in the special housing unit for 180 days following the determination of guilt. There is no proof that the Hearing Officer violated any rules or regulations in conducting the hearing. Thus, the Department’s action in confining claimant was authorized and within the scope of the full immunity accorded quasi-judicial discretionary actions (see, id., at 220; Davis v State of New York, 262 AD2d 887, lv denied 93 NY2d 819).

Mercure, Crew III, Spain and Carpinello, JJ., concur. Ordered that the order is affirmed, without costs.

The directive provides that when a search of a general confinement housing unit cell is conducted and the inmate is removed from the cell prior to the search, the inmate shall be placed outside the immediate area to be searched but allowed to observe the search unless the inmate presents a danger to the safety and security of the facility (see, Matter of Gonzalez v Wronski, 247 AD2d 767, 768).