Hispanic Guard States Discrimination Claim by A Hispanic correction officer's allegation that her white supervisor frequently used racial epithets, frequently glared at her, often dumped trash in her work area, defaced her locker and filled it with trash, made physically inappropriate contact with her (i.e., bumped her hard), refused to …
Prosecutors Immune for Seizing Arrestees Prosthetic Leg by The plaintiff was arrested. His leg prosthesis was confiscated as evidence (it had a bullet hole in it). The prosecutor refused to return it. At trial, both parties used the prosthesis as evidence. The judge declined to order the prosthesis returned after …
$282,500 Awarded to Elderly Arrestee for Tight Handcuffs by The elderly plaintiff was arrested and handcuffed and complained that the handcuffs were too tight and hurt her hands and that she was handcuffed to bars. The court analyzes her claim under Bell v. Wolfish, does not cite Hudson v. McMillian, …
Administrative Exhaustion Required for Title VII Claims by The plaintiff complained of sexual harassment under Title VII. At 241-42: A federal district court may only properly consider claims that were not administratively exhausted if the conduct subsequent to the EEOC charge is "reasonably related" to the claims raised in the …
No Protective Order for Municipal Financial Records by In a suit against a former municipal official against the municipality, the municipality failed to justify the request for a protective order for certain financial records. At 304: "The routinely maintained financial records of a municipality . . . are presumptively open …
Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition by Biased Hearing Officer Spoils Changes against Muslim Prisoner Who Circulates Petition The plaintiff prepared a petition alleging abusive conduct by a correction officer. He was subsequently disciplined after searches of his cell and work area turned up articles …
Imprisonment Precludes Prisoner's False Arrest Suit by The plaintiff, detained in jail without bail on drug and weapons offenses, was arrested for assaulting another prisoner. The grand jury refused to indict. The plaintiff sued for false arrest. At 283: "Since plaintiff would have been in custody anyway, he cannot state …
Failure to Treat Mental Illness Not Actionable in NY Case by The plaintiff, suffering from bi-polar disorder, experienced repeated manic episodes resulting in misbehavior that increased his SHU time as well as subjecting him to unpleasant confrontations and treatment. At 296: "Because Plaintiff has not submitted any verifiable evidence indicating …
Expert Witness Qualifications Discussed by Defendants' unilateral cancellation of an expert deposition, based on plaintiffs' having moved to preclude the witness's testimony and strike his report, was improper, and the defendants are directed to make the witness available at the plaintiffs' convenience. This witness's designation as an expert does not …
No Supervisory Liability for Forwarding Complaint to Investigator by The plaintiff alleged that he was beaten and then retaliated against for complaining with a further assault and a false misbehavior report. The Commissioner cannot be held liable because he was not personally involved. Although the plaintiff sent him letters, it …
ADA/RA Suits Require Proof of Intentional Discrimination by Title II of the ADA is "neither congruent nor proportional to the proscriptions of the Fourteenth Amendment." Therefore it exceeds Congress's authority under § 5 of the Fourteenth Amendment. At 110: Although we find that Title II in its entirety exceeds Congress's …
$685,002 Verdict For Family of Child Killed with Police Radio by This is the case of the kid who fled the police on a bicycle and died after a police officer hit him in the head with his radio. A jury awarded his mother $605,001 for use of force resulting …
Hearing Officer Not Required to Identify Favorable Witnesses by The plaintiff alleged that the tape of his disciplinary hearing was tampered with to obfuscate a favorable answer from a witness. Since no tape is required by due process, and the plaintiff got the written statement setting forth the reasons for …
IFRP Claim Not Exhausted by The plaintiff alleged he was placed on "refusal status" for declining to pay more to the Inmate Financial Responsibility Program. The plaintiff failed to exhaust his administrative remedies. He said he repeatedly asked for the necessary grievance form and did not get it because inter …
Policy of Separating Domestic Violence Victims from Kids Enjoined by The court sets out the terms of a preliminary injunction prohibiting the Administration for Children's Services from separating mothers who were not otherwise unfit from children on the ground that as victims of domestic violence they had "engaged in" violence. …
Grievance and Harassment Complaint Must be Filed to Exhaust by The plaintiff did not file a grievance; instead, he wrote to the Superintendent and contacted the Inspector General. At 397: "Prison officials are entitled to require strict compliance with an existing grievance procedure." Hemphill v. New York, 198 F.Supp.2d 546, …
Grievance Deadlines Bar NY Brutality Suit by The plaintiff's letter to the Superintendent complaining of excessive force, sent five months after the incident, was not a grievance and did not meet the exhaustion requirement. At 549: Prison officials are entitled to require strict compliance with an existing grievance procedure. Plaintiff …
Mistake of Law Excuses Lack of Administrative Exhaustion by At 486: "The issue is whether justifiable circumstances may sometimes excuse a prisoner's failure to exhaust administrative remedies when challenging conditions of confinement. We conclude that exhaustion may sometimes be excused and should be excused in this case." The plaintiff did …
Back Injury Misdiagnosis Okay by The plaintiff said that his back pain was attributed to muscle spasms but a later MRI revealed he had a herniated disc. At most, this is a disagreement over the appropriate medical care, and a specialist who did find the herniated disc recommended "conservative therapy …
Informal Grievance Exhaustion Satisfies PLRA by The plaintiff did not use the grievance system but informally exhausted her administrative remedies with respect to an incident in the Nassau County Jail. The plaintiff informed the Sheriff's Department's Internal Affairs unit and the DA's office, triggering an investigation by the Sheriff's Bureau …
