×
You've used up your 3 free articles for this month. Subscribe today.
Second Circuit Reverses Summary Judgment in New York Prisoner’s Due Process Lawsuit
by David M. Reutter
The Second Circuit Court of Appeals reversed a summary judgment grant to defendants in a New York prisoner’s lawsuit that alleged he was denied due process. The court’s July 23, 2020, order was issued in an appeal brought by prisoner Jarvis Elder. While incarcerated at Attica ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- Tougher Than the Rest: No Criminal Justice Reform “Miracle” in Texas, by Marie Gottschalk
- North Carolina Prisoners at Deadliest Federal Prison File Suit on COVID-19 Response, by Matthew Clarke
- From the Editor, by Paul Wright
- Sixth Circuit Grants Qualified Immunity to Sheriff in Tennessee Prisoner’s Assault Case, by David Reutter
- Preliminary Studies: Black/Latino Populations Disproportionately Affected by COVID-19, by Douglas Ankney
- North Carolina Cancer Patient Dies From COVID-19 After BOP Denies Compassionate Release and Sentencing Judge Rejects Appeal, by Derek Gilna
- Federal Lawsuit Claims Texas Jail Released Man When Medical Problems Became Too Much Trouble, Resulting in Coma, by Dale Chappell
- Pandemic Medical Update: The Latest on Vaccines and Prisoners, by Michael D. Cohen, MD
- CoreCivic Sued Over Prisoner Who Committed Suicide in Tennessee Prison, by Matthew Clarke
- Magic as Rehabilitation, by Jayson Hawkins
- In Prisons, the Press Also Yearns to Be Free, by Casey Bastian
- California: Prisoner-Run Journalism Thrives with San Quentin News, Ear Hustle, by David Reutter
- My Ankle Monitor Won’t Let Me Take Out The Garbage, by Eleanor Bader
- Tennessee Juvenile Murderer’s Sentence Commuted, by Edward Lyon
- How Jails Became a Breeding Ground for the Coronavirus, by Keith Sanders
- Charges Finally Announced 32 Months After South Carolina Prison Riot, by David Reutter
- Alabama Court Allows Lawsuit Over Indigent Traffic Offenders Jailed for Not Paying Fines, by David Reutter
- Salt Lake County, Utah, Settles Federal Civil Rights Wrongful Death Claim for $950,000, by Derek Gilna
- Urban Redo: Lorton, Virginia Prison Recreated as Liberty Village, by Kevin Bliss
- Court Rejects Class Status for Nebraska Prisoners Facing Substandard Health Care, by David Reutter
- Seventh Circuit: Nurse’s Deliberate Indifference to Prisoner’s Pain Negates Summary Judgment Grant, by David Reutter
- Second Circuit Reverses Summary Judgment in New York Prisoner’s Due Process Lawsuit, by David Reutter
- St. Louis, Missouri Guard Has History of Taser Abuse, by Daniel A. Rosen
- Former Prisoners Making Less Than Minimum Wage Working for Nonprofit Doe Fund, by Dale Chappell
- South Florida: Jail Hotline Releases Report on Inadequate Health Care During Pandemic, by Saraana Jamraj
- Rapper Sues BOP Alleging Torture, by David Reutter
- As Prison COVID-19 Cases and Deaths Rise, Washington State Supreme Court Looks Away, by Mark Wilson
- Montana Supreme Court: Jail’s Blanket Strip Search Policy Violates Law, by Matthew Clarke
- Some Prisons Bear Names of Enslavers, Oppressors, Racists and Segregationists, by Matthew Clarke
- Over Half the Prisoners Test Positive for COVID-19 at Arizona Prison, by Matthew Clarke
- New Book on Art in the Age of Mass Incarceration, by Edward Lyon
- Louisiana’s COVID-19 Prisoner Furlough Panel Next to Useless, by Edward Lyon
- COVID-19 Hits Fairfax, Virginia Juvenile Detention Center, by Kevin Bliss
- Seventh Circuit Holds Illinois Prisoners Retain Fourth Amendment Rights to Bodily Privacy, Overruling Circuit Precedents, by Matthew Clarke
- Federal Class Action Settlement Aims to Eliminate Horrific Conditions at Santa Barbara, California Jails in Three Years, by Derek Gilna
- Almost Half of North Dakota Jail Tests Positive for COVID-19, by David Reutter
- U.S. Prisons Originally Designed to Prevent Spread of Disease Become Breeding Ground During Pandemic, by Edward Lyon
- Former Pennsylvania Prisoner’s Complaint Cures Failure to Exhaust Administrative Remedies, by David Reutter
- Georgia Prisoners Lacked Food, Water, Leading to Melee, by Jayson Hawkins
- Opioid Crisis in Canadian Prisons Needs to be Addressed, by Kevin Bliss
- CoreCivic and Securus Technologies Agree to Pay $3.7 Million to Settle Suit for Illegally Recording Attorney-Client Conversations, by Douglas Ankney
- $2 Million Settlement in Lawsuit Over N.Y. Prisoner Denied Emergency Eye Surgery Until She Went Blind, by Matthew Clarke
- Scottish Prisoners Issued Mobile Phones During Pandemic, by Kevin Bliss
- Private Health Care Services in County Jails Comes at High Price, by Kevin Bliss
- Sixth Circuit Holds Ohio Prisoner Can Be Executed Despite Previous Botched Attempt, by Matthew Clarke
- First Former Felon Elected to Washington State Legislature, by Daniel A. Rosen
- Second Circuit: No Error in Blocking New York Parolee from Attending His Own Civil Rights Trial Against Prison Officials, by Matthew Clarke
- As Millions Suffer, Congress Awards BOP $356 Million for New Kansas Prison, by Mark Wilson
- Tennessee Prisons “Naughty” List Shows Prison Staff Often Bring in Contraband, by Edward Lyon
- News in Brief
- Alabama Guards Accused of Excessive Use of Force, Hospitalizing One Prisoner and Injuring Another, by Kevin Bliss
More from David Reutter:
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025
- Ninth Circuit Agrees That Former Guantanamo Detainee Lacks Grounds to Sue for Waterboarding, Aug. 1, 2025
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025
- First Circuit: Prosecutor’s Breach of Plea Agreement Requires Government’s Specific Performance of Agreement, Not Specific Performance by District Court, Aug. 1, 2025
- Oregon Prisoners Can Now Seek Economic Damages for Future Lost Income More Easily, July 15, 2025
- $22.5 Million Verdict Arrives Too Late for Wrongfully Convicted Illinois Prisoner, July 15, 2025
- First Circuit Revives Rhode Island Prisoner’s Excessive Force Claim Against Guard, July 15, 2025
More from these topics:
- SCOTUS Clarifies It Had Already Been ‘Clearly Established Federal Law’ in 2004 for Purposes of AEDPA That Evidence at Trial Can Be So Prejudicial as to Violate Due Process, March 15, 2025. AEDPA, Denial of Due Process.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
- TDCJ Denied Summary Judgment In Suit by Prisoner Who Missed Grievance Deadline Because Guard’s Assault Left Him In a Coma, Sept. 15, 2024. Staff-Prisoner Assault, Guard Brutality/Beatings, Summary Judgment.
- Indiana Supreme Court Says “Summary Judgment Is Not Summary Trial,” Remanding State Prisoner’s Malpractice Claim to a Jury, Aug. 15, 2024. Malpractice (Attorneys), Summary Judgment, Resentencing, Remands/Rehearings/Resentencings.
- Fifth Circuit: Texas Prisoner’s Declaration Alone Sufficient to Send PLRA Exhaustion Dispute to Trial, July 1, 2024. Administrative Exhaustion (PLRA), Summary Judgment, Summary Judgment/Judgment N.O.V., Prison Litigation Reform Act (PLRA).
- Second Circuit Revives N.Y. Prisoner’s Suit Over Sing Sing Fire, 11 Other Prisoners Split $220,000 Settlement, Jan. 1, 2024. Failure to Protect (General), Fire Hazards, Administrative Exhaustion (PLRA), Summary Judgment, Evidentiary Ruling, Administrative Exhaustion.
- In Suit Over Moldy Cells Causing Fungal Infection, Illinois Warden Denied Summary Judgment Wins Anyway, Dec. 1, 2023. Respiratory, Ventilation, Sanitation, Summary Judgment, Expert Witnesses.
- Ninth Circuit Revives Former Nevada Prisoner’s Claim for Deprivation of Sentence Credit, Nov. 15, 2023. U.S. Sentencing Guidelines, Credits, Denial of Due Process.