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Second Circuit Says New York Prisons Must Answer for Denying Court-Ordered Rehab
Loaded on Feb. 1, 2024
by David Reutter
published in Prison Legal News
February, 2024, page 20
Filed under:
Release and Reentry,
Overdetention,
Drug Treatment/Rehab,
Unlawful Detention.
Location:
New York.
by David M. Reutter
On July 4, 2023, the U.S. Court of Appeals for the Second Circuit affirmed denial of qualified immunity (QI) to New York state prison officials who refused a prisoner’s judicially ordered enrollment in the state’s Shock Incarceration Program.
For a controlled substance offense, …
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More from this issue:
- Commissary and Food Service Privatization Strands Florida Prisoners in ‘Food Desert’, by David Reutter
- From the Editor, by Paul Wright
- Virginia Settles Suit Over Prisoner’s Death from Untreated Hepatitis C for $700,000, by David Reutter
- Eleventh Circuit Refuses to Reimpose Death Sentence for Intellectually Disabled Alabama Prisoner
- Deaths and Lawsuits Mount at “Disgusting” Atlanta Jail
- Three L.A. Jail Gang Leaders Murdered
- Nine Guilty So Far in Sprawling California Aryan Brotherhood Case
- $3 Million Settlement for Illinois Pretrial Detainee’s Opioid Withdrawal Death, by David Reutter
- First Circuit Lets BOP Take Prisoner’s Entire $10,956.36 Trust Account Balance for Restitution, by Douglas Ankney
- $2.9 Million Paid by Maryland to Exonerated Former Prisoner
- BOP Evacuates Federal Prison in Florida After Possible Carbon Monoxide Poisoning
- Censoring Women’s Health, by Kwaneta Harris
- Second Circuit Says New York Prisons Must Answer for Denying Court-Ordered Rehab, by David Reutter
- In Suit Over Connecticut Prisoner’s Death, Attorney General Will No Longer Represent Guard Convicted of Assault
- South Carolina Pays $200,000 to Jail Detainees Exposed to Toxic Fumes, by Douglas Ankney
- Ninth Circuit Revives Challenge by Federal Prisoner in Arizona to BOP’s 300-Minute Monthly Phone Cap, by David Reutter
- No Data to Prove Whether $600-Million California Parole Effort Worked
- Inmate Records Released from Closed Washington Psychiatric Lockup
- Maine Prison Official Charged with Theft and Bribery in Decade-Long Kickback Scheme
- First Prisoners Released Two Years After Illinois Passed Law to Revisit Excessive Sentences
- Ohio Prisoner Wins $2,000 Settlement for Guard Abuse Claims, Loses Appeal to Uncover Identity of Prison Officials Who Negotiated It, by Matthew Clarke
- Writing on the Prison Wall: How Prisons Suppress Prison Journalism
- Resistance to Bail Reform Powered By Untruthful Scaremongering, by David Reutter
- Fifth Circuit Denies Qualified Immunity to Louisiana Prison Chief for Prolonging Prisoner’s Detention with Sex Offender Misclassification, by David Reutter
- Sixth Circuit Revives Suit by Pregnant Mentally Ill Michigan Detainee Allegedly Kicked in Her Womb by Jail Guard, Losing Baby
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, by Mark Wilson
- Rikers Island Guard Accidentally Records Himself Planting Shiv in Prisoner’s Cell
- Seventh Circuit Upholds Disciplinary Sanction Revoking Over 15 Years of Indiana Prisoner’s Good Time, by Douglas Ankney
- Record Temperatures in Southern Prisons Called Cruel and Unusual Punishment
- Fifth Circuit Says Both Texas Prisoner’s Dismissed Suit and His Lost Appeal Count as “Strikes”, by Douglas Ankney
- Restorative Justice Program Boosts South Carolina Prison and Public Safety, by David Reutter
- Fifth Circuit: Texas Jail Guard’s Use of Taser on Compliant Detainee Unconstitutional, by David Reutter
- Lawsuit Claims Kentucky Prison Officials Ignored Chaplain’s Sexual Abuse
- Tenth Circuit: No Qualified Immunity for Oklahoma Jail Guard Who Kneed Handcuffed Prisoner’s Face, by Matthew Clarke
- BOP Slammed for Prisoner Abuse in Now-Shuttered Segregation Unit at USP-Thomson in Illinois, by Douglas Ankney
- DOJ Concludes BOP Pretrial Detainees Need Improvements in Access to Attorneys, by Matthew Clarke
- Ohio Prisoner Has Now Collected $5,700 for Denied Public Records Requests
- Virginia Sheriff Indicted for Selling Auxiliary Deputy Sheriff Credentials, by Matthew Clarke
- Seventh Circuit Reinstates Claim of Illinois Prisoner Held 18 Months After Release for Refusing to Sign Incomplete Form, by Matthew Clarke
- Oklahoma Prisoner’s Conviction Tossed After Judge’s Affair With Prosecutor Uncovered, by Douglas Ankney
- San Diego County Jail Accused of Letting Mentally Ill Detainee Starve to Death, by Matthew Clarke
- Washington Fined Over $100 Million for Delays in Competency Evaluations and Restoration, by Douglas Ankney
- Seventh Circuit Finds Jail Guard May Be Liable for Delayed Response to Illinois Detainee’s Fatal Heart Attack, by Douglas Ankney
- Misconduct Shades Sexual Assault Suit As Hawaii Settles With Prisoners for $2 Million, by Douglas Ankney
- Subclass Certified and Settlement Proposed to Address ADA Violations at Long-Plagued San Diego County Jails, by Douglas Ankney
- Former Oklahoma Undersheriff Gets 22 Months In Prison for Beating Handcuffed Jail Detainee, by Douglas Ankney
- Third Circuit Revives Claim by Federal Prisoner in Pennsylvania that Delayed Cancer Treatment Cost Him a Testicle, by David Reutter
- Texas Looks to Find Prison Guards in High Schools
- Almost $950,000 Paid by Inmate Services Corp. for Hellish Prisoner Transports, by David Reutter
- Champion of Death Row Prisoners Accused of Spoiling Oklahoman’s Clemency
- Michigan Supreme Court: DOC Owes Attorney Fees in Public Records Case Even if Plaintiff Is Represented Pro Bono, by Matthew Clarke
- News in Brief
- Cash Bail Eliminated in Illinois, Reduced in Los Angeles County
- How “Big Capital” Learned to Love Mass Incarceration
More from David Reutter:
- Sixth Circuit Announces State-Law Exceptions to Appeal Deadlines Preserve “Pending” Status Under AEDPA, Holding Belated-Appeal Procedures Toll Federal Habeas Limitations Period, April 1, 2026
- Florida Supreme Court Announces Rule 3.170(f)’s Good-Cause Plea-Withdrawal Standard Does Not Apply at Post-Appeal Resentencing, April 1, 2026
- Colorado Supreme Court Announces Defendant Must Be Competent Before Undergoing Mental-Condition Examination Under § 16-8-107(3)(b), April 1, 2026
- California Court of Appeal Announces Plea Agreements Cannot Bar § 1172.1 Resentencing, Holds Merit-Based Denial of Petition Is Appealable, April 1, 2026
- Georgia Supreme Court Clarifies That Failure to Object to Ineligible Juror Does Not Constitute Waiver Unless Party Knew or Could Have Discovered Ineligibility Through Ordinary Diligence, April 1, 2026
- Washington State Guard’s Conviction Affirmed in Self-Inflicted Gunshot Wound Scheme, March 1, 2026
- Massachusetts Supreme Judicial Court Holds Motion Judge Abused Discretion by Denying Evidentiary Hearing on IAC Claim Where Plea Counsel’s Affidavit Was Not Inherently Inconsistent With Colloquy Statements Regarding Immigration Advice, March 1, 2026
- Washington Supreme Court Clarifies Double Jeopardy Analysis for Multiple Assault Convictions, Holding That Assaultive Acts Occurring Over Short Time Period in Same Location Without Intervening Events Constitute Single Course of Conduct, March 1, 2026
- New Jersey Supreme Court Reverses Drug Convictions Under Cumulative Error Doctrine, Holding Combined Effect of Improper References to Television Series, Gun Violence, and Search Warrants Deprived Defendant of Fair Trial, March 1, 2026
- New York Court of Appeals Announces Coercive Police Tactics Compelling Suspect to Exit Home Constitute “Constructive Entry” Violating Payton, Holds Attenuation Analysis Applies to Third-Party Consent, March 1, 2026
More from these topics:
- Almost $1 Million in Settlements Paid to Three Nevada Prisoners, April 1, 2026. Cancer, Failure to Treat, Overdetention, Deliberate Indifference.
- $1.5 Million Class-Action Settlement Reached in Texas Jail Over-Detention Case, April 1, 2026. Overdetention, 42 U.S. Code § 1983, civil action for deprivation of rights, Unlawful Detention, Monell Liability, Class Actions.
- Wisconsin’s Incarcerated Population Has More Access to Opioid Treatment, But Still Missing in Eight County Jails, April 1, 2026. Medication, Drug/Alcohol Withdrawal, Drug Treatment/Rehab, Health care.
- Six Years of the First Step Act: Federal Prison Data Reveal Treatment Gains, Persistent Disparities, and Unanswered Questions, April 1, 2026. Racial Discrimination, Systemic Medical Neglect, First Step Act, Drug Treatment/Rehab, Confinement in Segregated Housing.
- Texas State Jails Fail: Institutions Conceived as Safe Spots for Rehabilitation After Minor Drug Convictions Now Flooded With Drugs and Major Felons, March 1, 2026. Drug Overdose, Staffing, Rehabilitation/Recidivism, Good Time, Drug Treatment/Rehab.
- South Dakota Sobriety Program Participants Will No Longer Be Jailed for Non-Payment of Fees, March 1, 2026. Settlements, Class Certification, Fourteenth Amendment, rights, Unlawful Detention, Ability to Pay.
- Colorado Lawmakers Approve Prison Bed Funding, Despite DOC Understaffing, March 1, 2026. Overcrowding, Staffing, Parole, Overdetention, Reduction of Prison Population.
- Number of Narcan Doses Raises Drug Concerns at New Jersey Prisons, March 1, 2026. Drug Overdose, Mail Regulations, Drug Treatment/Rehab, Administrative Detention/Segregation.
- Los Angeles County Restricts Opioid Treatment, Feb. 1, 2026. Medication, Systemic Medical Neglect, Failure to Treat, Drug Overdose, Drug Treatment/Rehab.
- Massive $112 Million Jury Verdict for Detainees Held in New York Jail Past Release Date on ICE Detainers, Jan. 1, 2026. Fourth Amendment, rights, Detention - Generally, Unlawful Detention, Immunity - Sovereign/Municipal, Damages - Compensatory.

