Lamy's policy of reporting such a warning to corrections officers. Second, plaintiff questions the adequacy of the CPR training given to Officers Jordan and Watson, because she disputes the timeliness and competence of their efforts to resuscitate Burke. Third, plaintiff claims the Sheriff was negligent in allowing the monitoring cameras in the jail to fall into disrepair, thereby increasing the possibility that Burke would succeed in his suicide attempt. Finally, plaintiff vaguely asserts that Sheriff Lamy is responsible for the failure to treat Burke as a suicide risk, which presumably would have prevented his death.
Because plaintiff presents no evidence indicating that Sheriff Lamy was personally negligent, defendants' motion for summary judgment must be granted as to the Sheriff. First, plaintiff presents no evidence tending to suggest that Sergeant Greene's inaction resulted from an inadequacy in Sheriff Lamy's training regimen. To the contrary, plaintiff merely claims that Greene violated a jail policy, rather than that the policy itself was inadequate. Similarly, even assuming that the efforts of Jordan and Watson to resuscitate Burke were incompetent, plaintiff has failed to show that Sheriff Lamy's training program was inadequate. Further, although defendants concede that the monitoring cameras in the jail were not operational at the time of Burke's suicide, it is the County, not the Sheriff, which bears the responsibility for maintaining the facility. Bowman, 597 N.Y.S.2d at 774, 193 A.D.2d at 921. In addition, it is not disputed that the cameras were designed to monitor prisoners in the "catwalk" area of the jail, not in the individual cells. See Sheriff Lamy's Deposition, Exh. 22 attached to Document 20, at 88-90. Thus, the failure to maintain and utilize the cameras was not a proximate cause of Burke's death. Finally, plaintiff fails to point a specific deficiency in Sheriff Lamy's suicide screening program, but rather simply asserts that the Sheriff is responsible for the failure to treat Burke as a suicide threat. Without evidence to support it, this allegation is insufficient to survive defendants' motion for summary judgment.
In short, because defendants demonstrate that there are no genuine issues of material fact relating to plaintiff's negligence claim against Sheriff Lamy, defendants' motion for summary judgment is granted as to defendant Lamy.
D. PLAINTIFF'S CROSS-MOTION
Plaintiff cross-moves for summary judgment on her negligence claims, and for reconsideration of that portion of the court's November 25, 1994 MDO that dismissed plaintiff's third cause of action.
Plaintiff's motion for reconsideration clearly is untimely. Local Rule of Civil Procedure 7.1(g) requires that motions for reconsideration be filed and served no later than ten days after the entry of the order concerned. N.D.N.Y. Local Rule 7.1(g). In the instant case plaintiff's reconsideration motion was filed on May 8, 1995, more than five months after the challenged MDO was issued. Therefore plaintiff's motion for reconsideration is denied as untimely.
Plaintiff's summary judgment motion must also be denied. As to defendants Jordan, Watson, Warren County and the Warren County Sheriff's Department, plaintiff's claims are dismissed as a matter of law. As against the remaining defendants, Greene and Lamy, issues of fact remain, as enumerated above. Therefore plaintiff's motion for summary judgment is denied.
In sum, defendants' motion for summary judgment on plaintiff's negligence claim is granted in so far as it applies to defendants Lamy, Jordan, Watson, the County of Warren, and the Warren County Sheriff's Department. Defendants' motion is denied in so far as it addresses plaintiff's claims against defendant Greene. Plaintiff's cross-motion is denied in its entirety.
It is So Ordered.
Dated: June 29, 1995
Syracuse, New York
HOWARD G. MUNS0N
SENIOR UNITED STATES DISTRICT JUDGE