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Second Circuit Reverses Dismissal of NY Prisoner’s Due Process Claim on Grounds It Was Abandoned on Appeal
by David M. Reutter
In a ruling issued on January 19, 2021, the U.S. Court of Appeals for the Second Circuit ruled that a lower court erred in dismissing a prisoner’s due process claim on grounds he abandoned it on appeal. The district court also erred in proceeding as if ...
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More from this issue:
- Criminal Sheriffs, by Anthony Accurso
- From the Editor, by Paul Wright
- $150,000 Paid to Family of California Pretrial Detainee Who Died from Valley Fever, by David Reutter
- $650,000 Jury Verdict Upheld in NY Prisoner’s Excessive-Force Claim; Motion for Fees Denied Due to Contingency Agreement, by David Reutter
- St. Louis Jail Guard Charged with Allowing Brutal Beating of Prisoner, by Jayson Hawkins
- How Corrupt is Too Corrupt for Atlanta Federal Prison?, by Casey Bastian
- Do County Jails Treat Black Women Worse Than Other Prisoners?, by Kevin Bliss
- Washington Federal Court Grants Preliminary Injunction Halting Release of Transgender Prisoners’ Personal Information; Class Certified, by Jayson Hawkins
- Former AZ Assistant AG Disciplined for Misconduct in Muslim Prisoner’s Lawsuit, by Douglas Ankney
- USDA Gives $1,000,000 Grant to Corizon to Treat More Sick Prisoners Remotely, by Chuck Sharman
- Covid-19 Pandemic Bumps Still Anemic Clemency Numbers, by Edward Lyon
- California Federal Prison Warden Charged with Sexually Abusing Prisoner
- Montana Renews CoreCivic Contract; Major Water and Sewage Problems Persist, by Jayson Hawkins
- California Town Fighting to Keep Prison Open, by Keith Sanders
- Should Sentencing Juries Consider Imprisonment Costs?, by Edward Lyon
- Prosecutors Move to Close Case Against BOP Guards in Jeffrey Epstein Suicide, by Edward Lyon
- HRDC Advances in Suit Against Centurion to Obtain New Mexico Prisoner Medical Litigation Records, by David Reutter
- Indiana Supreme Court Denies Relief to Prisoner Whose Commissary Account Was Garnished, by Casey Bastian
- $281,000 Awarded to Colorado Prisoner Retaliated Against for Grievances, by David Reutter
- Colorado Using SWIFT but Cheap Wildlands Firefighters, by Edward Lyon
- Feds Declare Long COVID a Disability Under ADA, RA and ACA, by Edward Lyon
- Michigan Supreme Court Holds Convicted Prisoner Entitled to Pre-Trial Jail Time Credit
- Second Circuit Reverses Dismissal of NY Prisoner’s Due Process Claim on Grounds It Was Abandoned on Appeal, by David Reutter
- Corporations Using Prisoners to Fight Phantom Labor Shortage, by Matthew Clarke
- $500 Default Judgement in Female Michigan Prisoner’s Pro Se Excessive-Force Claim
- Federal Judge Springs Former PLN Editor from “Iron Man” Pretrial Detention Cell, by Casey Bastian
- Four Female Prisoners Seek Damages Over Abuses at Oregon Prison Called A “Cesspool” of Staff Sexual Abuse, Latest in Abuse Saga, by Mark Wilson
- Second Circuit: Supervisor Must Have Subjective Knowledge of Sexual Abuse by Guards to Be Liable
- Colorado Supreme Court Holds Governor Is Appropriate Defendant in Cases Involving State Constitutional Responsibility
- California Supreme Court: CDCR Cannot Exclude Nonviolent Sex Offenders From Proposition 57 Parole Consideration
- Fifth Circuit Dismisses Appeal by Mississippi Prisoner It Calls “Vexatious Litigant”
- Fifth Circuit Refuses to Issue Injunction After Mississippi Psychiatric Prison Improves Conditions, by Matthew Clarke
- Texas Agrees to Settlement Providing Prisoners Hep C Treatment, Will Pay $950,000 in Attorney Fees, by Matthew Clarke
- New Illinois Law Allows Early Release for a Few Eligible Offenders, by Casey Bastian
- $2 Million Paid by North Carolina Jail for Prisoner’s Wrongful Death; Undisclosed Amount Paid by Southeastern Medical Services, by Jacob Barrett
- $175,000 Awarded to New York Prisoner’s 686 Days Unconstitutional Post Release Supervision, by David Reutter
- Third Circuit Revives Pennsylvania Prisoner’s Lawsuit Over Censorship of Incoming Mail Containing Key Evidence, by Dale Chappell, Matthew Clarke
- Washington Can’t Cheat Prisoner of Time Held Out of State on Washington Charges, by Jacob Barrett
- NJ Supreme Court: Excess Time in Prison Must Be Used to Reduce Parole Period, by Matthew Clarke
- She Tried to Report Sexual Harassment in Jail. After Her Suicide, the Guard Was Convicted of Assaulting Four Other Women, by C.J. Ciaramella
- Seventh Circuit Holds Dismissal of Lawsuit Removed to Federal Court Cannot Count as PLRA “Strike”
- News in Brief
More from David Reutter:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 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.
- SCOTUS Announces Confrontation Clause Prohibits Expert Witness From Testifying About Non-Testifying Expert’s Statements Regarding Forensic Testing Performed by Non-Testifying Expert in Support of Testifying Expert’s Opinion Testimony at Trial, Jan. 15, 2025. Forensic Sciences, Fourteenth Amendment, rights, Exclusion of Witnesses at Trial, Confrontation Clause/Rights.
- 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.
- Hawaii Supreme Court: Defendant’s Due Process Rights Violated by Prosecutor, Aug. 1, 2023. Self-Incrimination Clause, Denial of Due Process.
- Supervised Release and the Erosion of Due Process Protection, April 15, 2023. Electronic Monitoring, Probation, Parole & Supervised Release, Denial of Due Process.
- California Court of Appeal: Exclusion of Expert Witness at SVP Trial as Remedy for Discovery Violation Constitutes Denial of Constitutional Due Process, Aug. 15, 2022. Sexually Dangerous Persons/Sexual Violent Predators, Expert Witnesses/Testimony, Denial of Due Process.
- $250,000 Paid to Woman Forced to Give Birth in California Jail Cell by Guards and CFMG Nurses, June 1, 2022. Contractor Misconduct, OB/GYN, Settlements, Fourteenth Amendment, rights.
- Connecticut Supreme Court Rules That Prisoner Was Denied Due Process with Sex Offender Classification, May 1, 2022. Sex Offenders (Discrimination), Denial of Due Process.
- San Luis Obispo County Jail Conditions Violate Eighth and Fourteenth Amendments, Dec. 1, 2021. Private Contractors, Eighth Amendment, Fourteenth Amendment, rights.
- Washington Supreme Court Announces State’s Strict-Liability Drug Possession Law Is Unconstitutional, May 15, 2021. Simple Possession/Personal Use versus Distribution, Denial of Due Process.