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Second Circuit Court of Appeals Partly Overturns New York District Court, Allows Prisoner’s PREA Violations Claims to Proceed

Loaded on March 1, 2021 by David Reutter published in Prison Legal News March, 2021, page 58
Filed under: Prison Rape Elimination Act. Location: New York.

by David M. Reutter

The Second Circuit Court of Appeals held that a prisoner exhausted administrative remedies when he followed the New York State Department of Corrections and Community Supervision (DOCCS) Inmate Grievance Procedure, but the Central Office Review Committee (CORC) failed to respond within the 30 days …

 

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More from this issue:

  1. Inside Trump and Barr’s Last-Minute Killing Spree, by Isaac Arnsdorf
  2. Sequel: Three Additional Federal Executions Before Trump Left Office, by Chad Marks
  3. Analysis: Federal Executions in Indiana Became ‘Super-Spreader’ Events, by Derek Gilna
  4. California Prison System Fined $400,000 For Prisoner Transfers That Sparked Surge in COVID-19, Also Faulted For Easing Restrictions, by Edward Lyon
  5. From the Editor, by Paul Wright
  6. COVID Pandemic: Medical Update, by Michael D. Cohen, MD
  7. Biden to Phase Out Privately-Run Federal Prisons; Critics Say Plan Too Timid, by Kevin Bliss
  8. Reuters Investigation: Lamentable Medical Care in Jails and Prisons Exposed During Pandemic, by Casey Bastian
  9. $300,000 Award for Illinois Prisoner in Sexual Assault Claim, by David Reutter
  10. Last-Minute DOJ Order Clears Way for Possible Return of Home Confinees to Prison, by Derek Gilna
  11. Second Circuit Upholds New York Prison Guards’ Federal Criminal Convictions for Assaulting Prisoner, by Matthew Clarke
  12. Centurion Opts Out of Mississippi Prison Medical Contract, by David Reutter
  13. A Guide To Finding Housing After Incarceration
  14. New Surge of COVID Is Spreading “Like Wildfire” in Illinois Prisons, by Brian Dolinar
  15. Lawsuit Against Pennsylvania County Over Prisoner’s Death in Restraint Chair Settled for $3 Million, by Matthew Clarke
  16. Arizona Grandmother Sues After Being Jailed and Forced to Drink From Toilet, by Matthew Clarke
  17. Audits Reveals Problems With Privatized Food Service at Pennsylvania’s Allegheny County Jail, by Jayson Hawkins
  18. Essay: What Spurred the Rise in Mass Solitary Confinement, by David Reutter
  19. No Sentence Reduction for Former Pennsylvania Judge Who Was Caging Kids for Kickback Cash, by Matthew Clarke
  20. Report: Video Courtroom Proceedings Have Negative Impact on Fairness and Access to Justice, by Matthew Clarke
  21. New Mexico Lawyer Fights to End Solitary Confinement, by Daniel A. Rosen
  22. Federal Court Orders Body Cams Be Worn by Guards in Effort to Stop Abuse of Disabled at California Prison, by Douglas Ankney
  23. COVID-19 Pandemic Leads to Founding of Congressional BOP Reform Caucus, by Anthony Accurso
  24. Arizona Supreme Court Overturns Decision Allowing Special Master to Review Recordings of Jail Phone Calls to Attorney Alleged to be Privileged, by Matthew Clarke
  25. Greedo Still Influencing From Texas Prison, by Jayson Hawkins
  26. Federal Judge Dismisses Arizona Woman’s Wrongful Conviction Suit, by Daniel A. Rosen
  27. Private Medical Contractor Wellpath Pays $4.5 Million in Death of Mentally Ill Jail Detainee After Judge Finds It Destroyed Evidence, by Douglas Ankney
  28. Victim Compensation and Restorative Justice as Alternatives to Sentencing Enhancements for Hate Crimes, by Douglas Ankney
  29. Prosecutors Drop Charges Against Florida Prisoner Accused of Assaulting Guard After Video Surfaces, by Kevin Bliss
  30. Nearly Killed by Dehumanizing Culture of Indifference, Oregon Prisoner Sues for $975,000, by Mark Wilson
  31. Pay-to-Stay Fees Impoverish Prisoners, Increase Recidivism, by Kevin Bliss
  32. ICE Detention Facility Deaths Now Highest Since 2005, by Kevin Bliss
  33. Prisoner Art on Display in New York City Exhibition, by Edward Lyon
  34. Pardoned Nevada Bank Robber’s Story Creates Hope for Prisoners, by Casey Bastian
  35. CoreCivic Faces Liability for Wiretap Act Violations in Nevada Case, by David Reutter
  36. Mentally Ill Oregon Prisoner’s “Needless & Preventable” Death From Flu Complications Nets Record $3 Million Settlement, by Mark Wilson
  37. Sixth Circuit Orders Michigan District Court to Review Prisoner’s Plea for Compassionate Release, by David Reutter
  38. Mass Incarceration Fueling Spread of COVID-19 in Local Communities, by Keith Sanders
  39. California Starts Phase-Out of Most State Juvenile Prisons, but Loophole Allows Two to Remain Open, by Douglas Ankney
  40. Ohio Supreme Court Orders Department of Rehabilitation and Correction to Revise Calculation of Prisoner’s Sentence, by Matthew Clarke
  41. Nevada Reduces Share of Prisoners’ Money That Can be Taken for Restitution, by Daniel A. Rosen
  42. California Sheriff Hid Number of Deaths in Sacramento County Jails, by Kevin Bliss
  43. As Prisoners Die, Washington Officials Resist Reform, by Mark Wilson
  44. Pennsylvania Supreme Court Rules Prisoners Can Challenge Deductions Taken From Their Accounts, by David Reutter
  45. California’s San Quentin and Folsom Prisons Hardest-Hit by COVID-19, by Edward Lyon
  46. Mississippi Department of Corrections Lifts Smoking Ban at its Prisons, by Keith Sanders
  47. Minnesota Counties Pay Out More Than $10 Million For Prison and Jail Settlements, by Kevin Bliss
  48. Second Circuit Court of Appeals Partly Overturns New York District Court, Allows Prisoner’s PREA Violations Claims to Proceed, by David Reutter
  49. Data: Families of Arizona Prison Guards Suffer High Rates of Domestic Violence, by Edward Lyon
  50. New Allegations of Abuse and Sexual Assault at Edna Mahan Women’s Prison in New Jersey, by Kevin Bliss
  51. Federal Court Finds Missouri Parole System Unconstitutional, by Dale Chappell
  52. Successive Corruption Scandal Rocks Mississippi Prison System, by Edward Lyon
  53. News in Brief

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