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New York Prisoners Win Injury Awards, Lack of Expert Testimony Detrimental
Loaded on Nov. 15, 2004
by Michael Rigby
published in Prison Legal News
November, 2004, page 15
New York Prisoners Win Injury Awards, Lack Of Expert Testimony Detrimental
Filed under:
Disabled Prisoners,
Injury -- Misc.,
Muscular,
Clothing,
Civil Procedure,
Damages,
Costs,
Expert Witnesses,
Premises Liability.
Location:
New York.
by Michael Rigby
In two separate cases, New York courts of claims awarded $3,500 to prisoners pursuing pro se personal injury claims against the state. As these cases illustrate, expert testimony is not always necessary to prevail on injury …
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More from this issue:
- A Death in Custody: Massachusetts DOC Wracked by Scandal, by Peter Costanza
- From the Editor, by Paul Wright
- $15 Million Class Settlement In Sacramento Jail Strip-Search Suits
- Habeas Hints, by Kent Russell
- Study Shows Boot Camps Are a Failure
- Wrongfully Convicted Pennsylvania Prisoner Settles for $2.3 Million; Forensics Expert Fired
- Texas Court of Criminal Appeals Clarifies Law Crediting "Street Time"
- Connecticut Settles Wrongful Death Lawsuit for $2.9 Million, by Michael Rigby
- Ohio Prisoners Not Entitled to Memory Typewriters
- New York Prisoners Win Injury Awards, Lack of Expert Testimony Detrimental, by Michael Rigby
- Prison Town Legislators Represent Prisoners' Interests? Not Quite, by Peter Wagner
- Texas Prisoner's Retaliation Claim Survives Summary Judgment
- $600,000 Settlement in California Prisoner Shooting Death, by Marvin Mentor
- Nevada Trust Account Interest, Less Accounting Costs, Belongs To Prisoners
- Prisons, Profits and Prophets, by Bill Berkowitz
- Michigan Prison Art Project, by Buzz Alexander
- California Prisoner Trust Account Interest Recoverable Only Upon Proof Of Individual Loss
- Indiana Jail Held in Contempt, Sanctions Imposed
- Last Chance For Washington Prisoners To Request Postconviction DNA Testing is December 31, 2004
- Washington Police Kill Unarmed Escapee in Botched Raid; Prisoner Also Killed, by Michael Rigby
- Cowboy Justice: BOP Guards Convicted, by Alan Pendergast
- PLRA Fee Cap Upheld, Applied to Parole Case; Allows Fees-on-Fee Award, by David Reutter
- Fifth Circuit Affirms Termination of Guajardo (Texas Prison Mail) Suit
- Challenge To Washington Felon Disenfranchisement Scheme Remanded For Racial Bias Test, by John E Dannenberg
- Class Action Challenges Treatment of Florida's "Sexual Predator" Civil Detainees, by David Reutter
- No Restraint, No Consequences: Privatizing Overseas Intelligence Extraction
- Gates of Injustice - The Crisis in America's Prisons, by Tom Murlowski
- Wisconsin PLRA Fee-Limit Does Not Violate Equal Protection
- Ohio County Juvenile Facility Not Immune from Suit in Rape Claim
- Alaska Prisoners Cannot Challenge Conditions of Confinement Under State Post-Conviction Relief Statute, by Roger Smith
- News in Brief
- Texas Prison Guard's Sentence for Rape Reinstated
More from Michael Rigby:
- Report On Arizona Hostage Crisis May Never Be Released , Aug. 23, 2016
- Federal Jury Awards $45,001 to Maryland Prisoner Assaulted By Guards, Aug. 23, 2016
- Wisconsin Appeals Court Orders Photos Delivered to Prisoner, April 15, 2013
- New York: Indigent Defendants' Suit Over Non-representation Ruled Justiciable, March 15, 2013
- Trial and Conviction in Washington Jailhouse Courtroom Overturned, March 15, 2013
- Scientific Advances in Arson Investigations Reveal Wrongful Convictions, Jan. 15, 2013
- Ninth Circuit Rules Right to Court Access Violated When Lockdown Prevents Prisoner from Researching Issues Related to Direct Appeal, Nov. 15, 2011
- Some Agencies Balk at Releasing Prison Phone Data, April 15, 2011
- Facebook Lands Prison Guards, Prisoners in Hot Water, April 15, 2011
- Federal Restitution Law Failing Crime Victims, Jan. 15, 2011
More from these topics:
- Report Highlights Shortage of Wheelchairs at Michigan Women’s Prison, Sept. 1, 2026. Disabled Prisoners, Medication, Systemic Medical Neglect, Staffing, Deliberate Indifference.
- Michigan DOC Legal Payouts Top $7 Million in FY 2025, Less than One Percent of $2.15 Billion Operating Budget, Sept. 1, 2026. Statistics/Trends, Cost of Prison Systems, Damages, Settlements.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Eighth Circuit Rules Plaintiff Must Cover Expert Costs, July 1, 2026. Costs, Expert Witnesses, Bill of Costs.
- Ambulance Calls at Boston Jail Have Tripled Since 2010, June 1, 2026. Jail Misconduct, Systemic Medical Neglect, Injury -- Misc., Failure to Treat.
- Seventh Circuit Upholds Liability but Reverses Damages in Lawsuit Over Illinois Warden and Investigator Using Prisoner as Bait to Catch Staff Member Raping Her, May 1, 2026. Staff-Prisoner Assault, Failure to Protect (General), Damages, Evidentiary Ruling, Cruel and Unusual Punishment.
- $950,000 Settlement Reached for Pennsylvania Jail Detainee Repeatedly Pepper-Sprayed During Mental Health Episodes, April 1, 2026. Clothing, Pepper Spray/Tear Gas, Failure to Treat (Mental Illness), Chemical Spraying of Mentally Ill Inmates, Deliberate Indifference.
- Ohio Supreme Court Awards Prisoner $1,000 for Denied Records Request, April 1, 2026. Administrative Exhaustion (PLRA), Damages, Public Records, Public Records Act.
- Delaware Settles Suit Over Depriving Young Prisoners of Special Education, Feb. 1, 2026. Disabled Prisoners, Education, Americans with Disabilities Act, Rehabilitation Act, Individuals with Disabilities Education Act.
- Broken Water Pipe Leads to Unsanitary Conditions at Montana State Prison, Dec. 1, 2025. Disabled Prisoners, Plumbing, Water, Sanitation, Hygiene Supplies.

