A prisoner who alleged that he was bitten by a dog under the control of a correctional officer while in a California youth detention facility could file a late notice of claim against the defendant government entities and employees when the failure to do so was based on "excusable neglect," specifically a legal secretary's mistaken removal of the claim filing deadline from an office calendar. Renteria v. Juvenile Justice Dept. of Corrections, No. C049717, 37 Cal. Rptr. 3d 777 (Cal. App. 3d Dist. 2006). [N/R]
     Dead prisoner's estate was entitled to file a late notice of claim of a medical malpractice claim against the county when there was evidence from the inmate's treating physician that the cancer which caused her death rendered her "debilitated" and unable to attend to her needs, confining her to her bed and wheelchair. Olsen v. County of Nassau, 789 N.Y.S.2d 264 (A.D. 2nd Dept. 2005). [N/R]
     In a lawsuit claiming that a prisoner died as a result of prison officials' failure to diagnose and treat his medical condition of a hernia of the small and large bowel, the prisoner's injury was not the death but rather the worsening of his condition. Therefore, since notice of the claim was not provided to the District of Columbia until six months and one day after the date that his conditioned worsened, it did not comply with a statute requiring notice within six months, so that the lawsuit was properly dismissed. Brown v. District of Columbia, No. 02-CV-756, 853 A.2d 733 (D.C. 2004). [N/R]
     The statement, in a notice of intent to file a claim against the state for the wrongful death of an inmate, that the prisoner died due to negligence in the medical care provided for his "condition of congestive heart" was adequate to present a claim. Rodriguez v. State of New York, 779 N.Y.S.2d 552 (A.D. 2d Dept. 2004). [N/R]
     California state officials could raise defense that plaintiff prisoner failed to show compliance with notice of claim provision of state Tort Claims Act, Cal. Gov. Code Sec. 911.2, after merely stating that the prisoner failed to state a claim, since compliance with the six month notice requirement was an element of any claim for money damages against a public entity in California. State of California v. Superior Court (Bodde), No. S114171, 13 Cal. Rptr. 3d 534, 90 P.3d 116 (Cal. 2004). [N/R]
      Florida prisoner failed to provide adequate notice of his negligence claim against the Department of Corrections to satisfy notice provision of statute waiving sovereign immunity for claims against the state. Prisoner's first letter misidentified the correctional facility in which he had been incarcerated, and second letter was not copied to the state Department of Insurance, which was therefore never given knowledge of the need to investigate or respond to the claim. Maynard v. State, #1D02-1048, 864 So. 2d 1232 (Fla. App. 1st Dist. 2004). [N/R]
     Prisoner's notice of his intent to file a claim against the state concerning injuries inflicted on him during his removal from his cell by correctional officers was inadequate when it failed to specify the nature of his medical negligence claim. Motion to dismiss claim upheld. Cendales v. State, 770 N.Y.S.2d 174 (A.D. Dept. 3 2003). [N/R]
     New York prisoner was entitled to file a late claim against the state for the alleged loss of his personal property during his transfer to a new correctional facility when his earlier timely, although improperly served, claim gave the state notice that he intended to pursue litigation, so that no prejudice to the state would occur. Wright v. State of New York, 760 N.Y.S.2d 634 (Ct. Cl. 2003). [N/R]
     While Florida law required a prisoner asserting a claim against the state or one of its agencies to serve process on the state Department of Insurance, a non-party to the lawsuit, there was no time period within which to do so, and therefore it was not a precondition to maintaining a lawsuit against the state Department of Corrections for alleged malicious prosecution of the plaintiff prisoner on disciplinary charges of unlawful possession of wine. Cole v. Department of Corrections, No. 4D01-3462, 840 So. 2d 398 (Fla. App. 4th Dist. 2003). [N/R]
     Prisoner who claimed he was injured while opening a freezer door failed to provide county with notice of his claim within 6 months of the accident as required by the Texas Tort Claims Act, V.T.C.A. Civil Practice & Remedies Code Sec. 101.101(a, c). His claim against the county was therefore properly dismissed. Crane County v. Saults, No. 08-02-00207-CV, 101 S.W.3d 764 (Tex. App. -- El Paso 2003).[N/R]
     284:123 Prisoner's claim that requiring him to keep his cell windows closed for three days and nights was cruel and unusual punishment did not allege a physical injury as required by the Prison Litigation Reform Act or a sufficient deprivation to be an Eighth Amendment violation; state negligence claim was barred for failure to comply with notice of claim requirement. Sarro v. Essex County Correctional Facility, 84 F. Supp. 2d 175 (D. Mass. 2000).
     262:147 Prisoner's notice of intention to file claim was adequate when it stated date of incident, nature of his injury, and alleged nature of state's negligence (correctional officer leaving his assigned post, following which prisoner was stabbed during fight among other inmates); failure to name officer or specify exact location of attack did not matter. Rhodes v. State, 665 N.Y.S.2d 763 (A.D. 1997).