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New York Prisoner Harassed and Assaulted by Guard Loses in Court of Claims

Loaded on May 3, 2019 published in Prison Legal News May, 2019, page 61
Filed under: Excessive Force. Location: New York.

A New York state prisoner who was repeatedly harassed and assaulted by a guard over the race of his girlfriend had his case dismissed by the New York Court of Claims because the incidents did not take place “within the scope” of the guard’s official duties. 

On November 7, ...

 

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More from this issue:

  1. News in Brief
  2. Former Angola Major Found Guilty – Twice – in Excessive Force Case, by Scott Grammer
  3. Report and Video of Arizona Prison Riot Released, by Matthew Clarke
  4. New York Prisoner Harassed and Assaulted by Guard Loses in Court of Claims
  5. Long-Term Recidivism Studies Show High Arrest Rates, by Matthew Clarke
  6. Eighth Circuit Affirms Denial of Summary Judgment in Failure to Protect Case
  7. Two-Year Investigation, Litigation and Settlement Ends Segregation, Mistreatment of LGBTQ Prisoners at California Jail, by Derek Gilna
  8. Major Prison Telecom Merger Canceled; Victory for Campaign for Prison Phone Justice!
  9. Kansas Federal Court Awards Prisoner $250,000 for Guard’s Excessive Force, by Matthew Clarke
  10. BOP Official Who Ordered More Prisoners Sent to Private Prisons Hired by GEO Group, by Scott Grammer
  11. Meek Mill and Michael Rubin Start Criminal Justice Reform Organization, by Kevin W. Bliss
  12. Sixth Circuit Rejects Qualified Immunity for Jail Guard Accused of Sexual Abuse, by Matthew Clarke
  13. Federal Court Awards $3,750,000 in Damages for Sexual Assault by Prison Guards, by Chad Marks
  14. Prison Policy Initiative Issues Report on State of Prison Phone Justice, by Matthew Clarke
  15. Settlement Provides for Improved Competency Procedures for Jailed Mentally Ill in Washington State
  16. Delaware: No Convictions in Second Vaughn Riot Trial, by Kevin Bliss
  17. Landlords Challenge Ordinance that Protects Former Prisoners’ Rental Rights, by Douglas Ankney
  18. Federal Prison Employee Sentenced for Defrauding Prisoners’ Families, by Scott Grammer
  19. Continued Problems with Mental Health Care, Suicides in Alabama DOC, by Kevin W. Bliss
  20. New Mexico Court Denies Motion to Dismiss Lawsuit Over Policy of Denying Transport to Medical Appointments During Lockdowns, by Matthew Clarke
  21. Judge Initially Plays Pass-the-Buck with Proposal to Hire Suicide Prevention Expert
  22. Kansas Slaps Corizon Health with Millions in Fines for Contract Violations, by Chad Marks
  23. Florida Fleeces Prisoners with High Canteen Prices, by Kevin W. Bliss
  24. Eleventh Circuit Agrees Prosecutor is Entitled to Qualified Immunity in Retaliation Case, by Chad Marks
  25. “Free” Prisoner-Made Furniture Gets Ohio Prison Industry Officials in Hot Water, by Chad Marks
  26. New York: 58-Month Prison Sentence for Former Jail Union Boss Who Took Bribes, by Chad Marks
  27. Lack of Outdoor Recreation for D.C. Jail Prisoners “Dehumanizing”, by Kevin W. Bliss
  28. Private Halfway Houses Plagued with Escapes, Drugs, Sex and Violence, by Chad Marks
  29. $625,000 Settlement for Virginia Jail Prisoner’s Death from Untreated Ulcer
  30. Oklahoma: Sovereign Immunity Prohibits Lawsuits Over Prisoner Medical Care
  31. New York: Liability Established in Claim Over Assault by Prison Guard, by Matthew Clarke
  32. $301,000 Awarded in Lawsuit Over Suicide at Illinois Jail, by Kevin W. Bliss
  33. Cell Phones Sold in Commissary at South Carolina Jail, by Scott Grammer
  34. Oregon: Knowledge of Injury and Defendants’ Causal Role Required for Accrual of § 1983 Claims, by Mark Wilson
  35. Search for Mental Health Care Ends Tragically at Florida Jail, by David M. Reutter
  36. New Jersey Prisoner Who Suggested Date to Nurse Has Disciplinary Action Reversed
  37. Illinois Agrees to Sweeping Prison Health Care Reforms, by Matthew Clarke
  38. HRDC Files Censorship Suit Against Tennessee County Jail
  39. Prisoner’s Death from Methadone Over-Prescription Results in Summary Judgment, Settlement, by David Reutter
  40. $525,000 Settlement for Loss of Federal Prisoner’s Eye
  41. $10 Million Awarded Against Corizon and Oregon County for Jail Detox Death, by Matthew Clarke
  42. Wrongful Death, Whistleblower Suits Filed After Prisoner Dies at New Orleans Jail, by David M. Reutter
  43. New York: $775,000 Judgment for Prisoners Searched in Freezing Weather
  44. Cancellation of Illinois Prison Debate Class Debated in Court, by Kevin W. Bliss
  45. Washington State: Jury Awards $549,000 to Prisoner Denied Pain Medication, by Chad Marks
  46. States Rack Up Tens of Millions of Dollars in Prison Guard Overtime Pay, by Matthew Clarke
  47. Private Prisoner Transport Firm Closes After Escape; Problems Continue to Plague Industry, by Matthew Clarke
  48. Beating of Michigan Jail Prisoner Results in $36.6 Million Verdict,$12.9 Million Settlement, by Chad Marks
  49. Wisconsin Pays Largest Civil Rights Settlement in State’s History –$18.9 Million – for Juvenile Offender’s Suicide Attempt, by Derek Gilna, Chad Marks
  50. Unlicensed Interns to Perform Psych Tests on Utah Prisoners, by Scott Grammer
  51. Hospice Programs Provided in Pennsylvania Prisons, by Ruth Hoskins
  52. CoreCivic Creates Nonprofit Foundation, Ostensibly to Reduce Recidivism, by Matthew Clarke
  53. Fifth Circuit Vacates Dismissal of Suit by Civilly Committed Sex Offender, by Matthew Clarke
  54. Claim Denied; No Proof New York Prison Guards Acted Within Scope of Their Employment
  55. Inspector General: California Prison Guards Violate Use of Force Policies Half the Time, by Steve Horn
  56. Staffing Shortage at Ohio Legislative Oversight Committee has Interns Inspecting Prisons, by Matthew Clarke
  57. Humane Treatment for Terminally Ill Prisoners, by Kevin W. Bliss
  58. The Uphill Road to Prisoners’ Rights, by F.T. Green
  59. Virginia Court Improperly Denied Transgender Prisoner’s Name Change, by Matthew Clarke
  60. Attorney-Client Privilege Under Attack in Jails Across the Nation, by Douglas Ankney
  61. Incarceration Decrease? Drop in Prison Numbers Called “Anemic”, by Ted Gest
  62. From the Editor, by Paul Wright
  63. Vermont Prisoner Sexually Abused at Private Prison in Michigan Receives $750, by Steve Horn
  64. Horrific Deaths, Brutal Treatment: Mental Illness in America’s Jails, by Gary A. Harki

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