Wednesday, January 3, 2007

Can the State be held liable for the intentional infliction of emotional harm?

No, according to the Court of Claims, in Griffen v. The State of New York, decided on December 4, 2006. "The State is an entity, incapable of forming the requisite intent. Furthermore, “. . . public policy prohibits a claim for intentional infliction of emotional distress from being brought against the State . . . (citation omitted),” De Lesline v State of New York, 91 AD2d 785, 786 (3d Dept 1982); and the State is not subject to punitive damages. Sharapata v Town of Islip, 56 NY2d 332, 334 (1982); Wheeler v State of New York, 104 AD2d 496, 498 (2d Dept 1984)."