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New York Prisoner’s $150,001 Judgment Reversed Due to Hearsay Evidence
Loaded on March 9, 2017
published in Prison Legal News
March, 2017, page 26
Filed under:
Retaliation for Filing Grievances,
Guard Brutality/Beatings,
Civil Procedure.
Location:
New York.
In April 2016, the Second Circuit Court of Appeals reversed a $150,001 judgment awarded to a New York prisoner, holding the district court had erred in admitting a hearsay report as evidence.
Isidro Abascal filed a civil rights action alleging that while housed at the Attica Correctional Facility …
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More from this issue:
- Ohio Pays More Than $9.6 Million to Three Men Wrongfully Convicted in 1975 Murder, by Lonnie Burton
- Federal Transgender Prisoner Allowed to Wear Feminine Clothing at Video Trial
- New Jersey: Jail Time for Unpaid Littering Fine Results in Civil Suit
- Fifth Circuit Holds Court May Compel Attorney to Represent Indigent Prisoner, by Matthew Clarke
- Texas Court of Appeals Upholds Termination of Prisoners’ Parental Rights
- Colorado: Demonstrators Clash with Police over Seizure of Jury Nullification Pamphlets, by Joe Watson
- Prisoner Suicides and Attempts Increasing in Texas, by Matthew Clarke
- Attorneys with Disciplinary Records Part of Flaw in Pennsylvania’s Death Penalty System, by David Reutter
- Louisiana’s High Incarceration Rate Economically Motivated, by David Reutter
- Fifth Circuit: Staff Misleading Prisoner about Grievance Process Excuses Failure to Exhaust, by Matthew Clarke
- New Jersey Appellate Court Modifies Use of Polygraphs for Paroled Sex Offenders
- Local Police Department Disbanded in Wake of Speed Trap Embezzlement Scheme, by Christopher Zoukis
- The Financial Firm that Cornered the Market on Jails, by Arun Gupta
- Ohio: Garnishment from Exempt Funds in Prison Account States Mandamus Claim
- Despite Lack of State License, ICE Family Detention Center Continues Operating
- Settlement in Baltimore Prison Conditions Class-action Suit
- Defense Attorneys Seek Access to DNA-Matching Software’s Source Code, by Matthew Clarke
- Texas District Attorney and Prosecutor Accused, Cleared of Misconduct, by Matthew Clarke
- Prisoner’s Escape from Illinois Jail Aided by Former Guard, Incompetence, by Christopher Zoukis
- Jailers in California, Georgia Acquitted of Abusing Prisoners, by Matthew Clarke
- Philadelphia Prison Guards Face Prison Time for Contraband Smuggling
- Rikers Island Guard Trainers Lose Lawsuit for Failure to Repay Loan
- Arkansas Judge Resigns after Sexual Favors Allegations
- Peanut Company Executives Appeal Prison Sentences in Rare Corporate Prosecution, by Christopher Zoukis
- Michigan Jail Prisoner’s Family Sues over Death after Beating by Guards
- Tenth Circuit Reverses Qualified Immunity for Prisoner’s Rape, Affirms for One Jailer
- Prisoners Say They Paid a Bloody Price for a Guard’s Injury, by Tom Robbins
- Australia, New Zealand and UK Have Higher Proportion of Prisoners in Private Prisons
- Overcrowding in Arkansas Prisons, Jails Spurs Call for Reforms, by David Reutter
- Georgia: Dozens of Indictments for Prison Contraband Smuggling, by David Reutter
- Youths Still Dying in Florida Juvenile Detention Centers from Abuse, Neglect, by David Reutter
- Georgia Prisoner Caught Sneaking into Prison Charged with Escape
- Michigan Prison Officials Held in Contempt for Violating Ramadan Order, by David Reutter
- Study Examines Professional License Restrictions for Ex-offenders, by Derek Gilna
- Federal Strikes Do Not Count as Strikes for Georgia PLRA
- Delaware Prisoners Demand Education, Rehabilitation, by Monte McCoin
- $60,000 for Nevada Prisoner Forced to Remove His Own Teeth, by Derek Gilna
- Chicago Pays $4.95 Million to Family of Prisoner Who Died After Police Beating, by Lonnie Burton
- Red Light Traffic Camera CEO Sentenced for Corruption in Ohio and Illinois
- Ban the Box Movement Spreads to More States, Municipalities
- New York Prisoner’s $150,001 Judgment Reversed Due to Hearsay Evidence
- Judge Orders Missouri DOC to Disclose Names of Pharmacies that Supply Execution Drugs; Appellate Court Reverses, by Lonnie Burton
- Medicare Penalties Await Released Prisoners Who Apply After Age 65, by Derek Gilna
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- When an Old Law Makes it Hard to Fix a Troubled Jail, by Alysia Santo
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- Federal Court Certifies Class in Texas Prison Excessive Heat Lawsuit, by Matthew Clarke
- From the Editor, by Paul Wright
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- News in Brief
More from these topics:
- Atlanta Jail Boasts Improvements Since Consent Decree, Reports from Monitor and ACLU Are More Critical, May 1, 2026. Staffing, Sanitation, Guard Brutality/Beatings, Consent Decrees, Bail/Pretrial Release.
- Six Maryland Guards Convicted in Prisoner’s Beating, Cover-up; § 1983 Suit Filed, May 1, 2026. Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights, Obstruction of Justice, Wrongful Use of Force, Evidence - Destruction/Fabrication/Manipulation of.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- California Spends $300 Million Each Year Incarcerating Senior Citizens in Women’s Prisons, April 1, 2026. Retaliation for Filing Grievances, Totality of Conditions, Parole, Life without Parole (LWOP), Americans with Disabilities Act.
- Leaked Video Footage Shows California Prison Guards Engaged in Retaliatory Assault, March 1, 2026. Guard Misconduct, Retaliation for Filing Grievances, Pepper Spray/Tear Gas, Prison Rape Elimination Act.
- Sixth Circuit Revives Michigan Prisoner’s Challenge to Guard Tackle That Broke His Foot, March 1, 2026. Evidentiary Ruling (Disciplinary Hearings), Guard Brutality/Beatings, Summary Judgment, Qualified Immunity, Wrongful Use of Force.
- Differing Judicial Outcomes for the New York Guards Who Killed Robert Brooks, Feb. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death), Pending Appeal/Sentencing.
- The New York Prison System’s Culture of Cruelty and Impunity, Feb. 1, 2026. Guard Misconduct, Racial Discrimination, Guard Brutality/Beatings, Restraints, Excessive Force (Wrongful Death).
- $404,000 Verdict for Ohio Prisoner Brutalized by Trio of Guards, Kept in Solitary for Two Years, Jan. 1, 2026. Retaliation for Filing Grievances, Retaliatory Segregation, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Control Units/SHU/Solitary Confinement.
- Maryland Agrees to Pay $30,000 to Prisoner Who Was Beaten by Guards While Handcuffed, Jan. 1, 2026. Retaliation for Filing Grievances, Snitch Jacketing, Liberty Interests, Evidence, Wrongful Use of Force.

