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Article • May 15, 2007
$4,500 Awarded In New York Prisoner Assault Suit by In 2000 the New York, Court of Claims awarded $4,500 in damages to a prisoner who was assaulted and slashed by another prisoner at the Sullivan Correctional Facility, in New York on March 2, 1996. His assailant, named Salcedo, was a …
District Court Adopts Prison Official's Plan To Reduce Violence by Following their finding of an Eighth Amendment claim in the excessive level of inmate-inmate and staff-inmate violence at the Correctional Institute For Men (CIFM) in New York City (see Fisher v. Koehler L. 692 F.Supp. 1519), the district court held …
Article • May 15, 2007
NY Prisoner Awarded $75 for Fall From Bunk by A New York State court held that the New York Department of Correctional Services (DCS) was 100 percent liable for injuries he sustained when he fell from his top bunk. Those injuries were worth just $75, however. DCS prisoner Michael Smith …
Article • May 15, 2007
New York Prisoner Receives 25 to Life for Throwing Urine/Feces on Guard by The Appellate Division of New York's Supreme Court has affirmed a prisoner's conviction and sentence of 25 years to life for throwing a cup of human waste on a guard. While housed in the special housing unit …
Violence as a Condition of Confinement Violates Eighth Amendment by Prisoner filed class action suit based on the level of inmate-inmate and staff-inmate violence at the Correctional Institute For Men (CIFM) in New York City. The district court found that violence level at CIFM exceeded levels at other, comparable, institutes; …
Article • May 15, 2007
Filed under: Medical, Skeletal Injury
$500 Award in Prisoner Medical Neglect Claim by Allen Moore, a prisoner at the Sin Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, alleging that they failed to provide him with proper medical care for a back and hip injury. In 1992, Moore, injured his back …
NY SHU Conditions Case Dismissed Under Physical Injury Rule by Pushing the plaintiff into his SHU cell after he unzipped his pants and turned around to face the officers, and at one point raised his fist, did not violate the Eighth Amendment even though his head struck the wall giving …
Article • May 15, 2007
Courts Can Enforce Settlements by When a court retains jurisdiction to enforce a settlement agreement, it may extend the life of that agreement in order to obtain compliance with it, even if the agreement contained a defined end date. The Eleventh Amendment did not forbid further relief, since the defendants …
Article • May 15, 2007
No New Trial in NY Beating Suit that Plaintiff Lost by The plaintiff alleged excessive force; a jury found for the defendants; the plaintiff moved for judgment as a matter of law. The ten-day limit on such motions is jurisdictional, but it runs from the date the actual judgment is …
Brutality Claim Set for Trial by The plaintiff complained of failure to protect from inmate assault, excessive force, and retaliation for his successful appeal of a protective custody placement. The failure to protect claim is dismissed for non-exhaustion even though the plaintiff alleged that he did not file grievances because …
Article • May 15, 2007
No Reconsideration of Summary Dismissal by The court granted summary judgment against the plaintiff with respect to his medical care for Tailor's bunions, tinnitus, allergies, etc. 155 F.Supp.2d 77. Now it denies his Rule 59(e) motion for reconsideration on the ground that it just restates his earlier arguments or relies …
Suit Over NY Protective Custody Conditions Dismissed by The plaintiffs complained of conditions in protective custody. They could not represent a class because they were proceeding pro se. The case is dismissed for non-exhaustion. Even if one plaintiff's letters of complaint were adequate to exhaust (which they probably are not), …
Article • May 15, 2007
Some Damages Allowed in Visiting Suit by Plaintiffs are visitors and prisoners who were involved with staff in an altercation in the jail. They withdrew their claim of "psychiatric injuries," and defendants then claimed they could recover only nominal damages absent physical injury. The court concludes that the plaintiffs have …
Article • May 15, 2007
Attorney Fee Rates Determined by Judicial District by Fees are awarded at $300 an hour for a civil rights lawyer with 22 years' experience and $200 an hour for a seventh-year associate. New York City rates are appropriate in this suburban lawsuit even though the lawyers have their office in …
Article • May 15, 2007
Filed under: Sentencing, Parole
No Liberty Interest in NY Parole Laws by There is no liberty interest in the possibility of parole release in New York, since the statutes and regulations do not require parole unless specified conditions are found to exist. Nor do parole procedures violate the Ex Post Facto Clause, since that …
School Officials May Be Liable for Teacher Choking Student by At 251: The Supreme Court has encouraged lower courts in appropriate circumstances "to determine first whether the plaintiff has alleged a deprivation of a constitutional right at all," before reaching the question of whether the right was clearly established at …
Article • May 15, 2007
Partial Disrobing Qualifies as Strip Search by Strip searches incident to arrest must be justified by facts pertaining to the particular arrest, such as the nature of the charge or other circumstances, but cannot be justified by factors relating to the correctional facility. Therefore the commingling of misdemeanor arrestees with …
Article • May 15, 2007
Pro Se Litigants Must be Informed of S.J. Consequences by At 414: . . . [W]e reemphasize that our practice is to vacate summary judgment dismissals against a pro se litigant when the pro se is unaware of the consequences of failing to adequately respond to the motion for summary …
Article • May 15, 2007
Consent Decree Modification Discussed by Consent decrees, being injunctions, can be modified, and their modification is reviewed for abuse of discretion only. However, they are also contracts, and that plus the concern that easy modification would deter settlements has led to "significant cabining" of district courts' discretion. But the old …
Retaliation Claim Doesn't Require Exhaustion by A complaint of individualized retaliatory action is not a prison conditions claim requiring exhaustion of administrative remedies. At 185: "The plain language of 'prison conditions' suggest those aspects of prison life affecting the entire prison population, such as the food, medical care, recreational facilities, …
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