Case Law Alerts
No exceptional circumstances found to file a notice of tort claim after inmate was sexually assaulted while in prison.
The plaintiff was sexually assaulted while incarcerated. She did not file a notice of tort claim within the requisite 90 days because she was not aware of this requirement. Upon her release, she retained an attorney. Five months later, she sought leave to file a notice of late tort claim based on exceptional circumstances, which was granted. The Appellate Division reversed, holding the plaintiff did not have any medical or emotional condition making her incapable of filing the tort claims notice. Therefore, the court found the plaintiff could not establish exceptional circumstances to be permitted to file a late notice of tort claim.
Case Law Alerts, 1st Quarter, January 2019
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