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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
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- News in Brief
More from these topics:
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- Eight Circuit Reverses Denial of Partial Qualified Immunity in Detainee’s Pepper Ball Claim, Remands Excessive Force Claims, Sept. 1, 2026. Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Qualified Immunity, Wrongful Use of Force.
- Four Massachusetts Guards Face Charges for Assault on Prisoners During Brawl, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings.
- Last of 11 Guards Sentenced in Death of New York Prisoner, Sept. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death), False Statements/Perjury, Obstruction of Justice.
- $500,000 for Mentally Ill Detainee Beaten by Guard at Ohio Jail, Sept. 1, 2026. Guard Brutality/Beatings, Summary Judgment, Settlements, 42 U.S. Code § 1983, civil action for deprivation of rights, Monell Liability.
- Troubled Illinois Lockup Sees Guard Abuses, Prisoners on Hunger Strike, Sept. 1, 2026. Hunger Strikes, Guard Brutality/Beatings, Pepper Spray/Tear Gas, Restraints, Administrative Detention/Segregation.
- At Least Three Guards Charged for Assaulting Two Massachusetts Prisoners, Aug. 1, 2026. Guard Misconduct, Guard Brutality/Beatings, Assaults on Staff, Wrongful Use of Force.
- Ombudsman Report Finds Use of Force Misapplied in Contraband Search, Aug. 1, 2026. Guard Misconduct, Failure to Treat, Body Cavity Searches, Guard Brutality/Beatings, Pepper Spray/Tear Gas.
- $1.2 Million for Elderly Detainee Shoved Out the Door of Sacramento Jail by Guard, Aug. 1, 2026. Guard Brutality/Beatings, Americans with Disabilities Act, Rehabilitation Act, Failure to Treat (Mental Illness), 42 U.S. Code § 1983, civil action for deprivation of rights.
- $6.35 Million Paid for Ohio Jail Detainee’s Spinal Cord Injury Caused by Guard, Aug. 1, 2026. Guard Misconduct, Malpractice, Guard Brutality/Beatings, Settlements, Wrongful Use of Force.

