Denial of Disciplinary Witnesses Upheld by At 639: Where an inmate's federal claims arise directly out of a disciplinary or administrative segregation hearing . . . (e.g., a claim of denial of procedural due process), "he exhausts his administrative remedies by presenting his objections in the administrative appeals process, not …
No Right to Prompt Return to State Prison by The plaintiff was held as a federal detainee at the Westchester County Jail for eight and a half months after the completion of all federal proceedings, rather than being returned to state prison whence he had come and where he was …
Injunction Issued in Church Sleeping Space for Homeless by Violations of First Amendment rights are considered irreparable injury for purposes of a preliminary injunction. In Free Exercise Clause cases, courts are not permitted to inquire into the centrality of a professed belief to the adherent's religion or to question its …
Police Racial Discrimination Class Action Certified by Latino and African-American police officers and the Latino officers' organization alleged racial discrimination in the internal disciplinary process. The court certifies the injunctive claims under Rule 23(b)(2) as to liability only. Given that the claim is racial discrimination, a class consisting of all …
Pre Forfeiture Seizure of DUI Vehicles Illegal by New York City's provision for seizure of motor vehicles of those accused of DWI pending forfeiture proceedings denies due process. (Arrests for misdemeanor DWI are not supported by an independent determination of probable cause.) At 43: "A car or truck is often …
Mailbox Rule Only Applies to Use of Prison Mail System by A pro se prisoner's notice of appeal is deemed filed when the prisoner delivers it to prison authorities for forwarding. This prisoner asked his sister to mail the notice, so he was not entitled to the benefit of this …
No Supervisory Liability for Ignoring Back Pain Complaint Letter by The plaintiff alleged that he had serious back pain over a period of time that was not adequately treated. Defendants do not dispute that this is an objectively serious injury, and prior decisions support that conclusion. However, plaintiff has not …
Legal Mail Suit Dismissed, Administrative Exhaustion is Affirmative Defense by Once again, a SDNY judge applies the New York State grievance regulations to a claim that arose in the NYC jails. At 625: In the instant action, plaintiff filed at least two complaints to the IGRC in 1998. When he …
Jury Verdicts Explained by Questions to the jury are not special verdicts when the jury is asked to make determinations not just of fact but of ultimate liability. They are not special interrogatories either if they address liability rather than facts. What they are, in this case, are general verdicts …
No Termination of Rikers Island Conditions Injunction by The court rules on cross-appeals from a decision on a termination motion focusing on environmental health and physical conditions issues. PLRA--Special Masters (43-49): The court monitor, the Office of Compliance Consultants (OCC), is not subject to the PLRA special master provisions because …
Okay to Deprive Arrestees of Food and Water for Short Time by Okay to Deprive Arrestees of Food and Water for Short Time Plaintiffs who were arrested and spent "a short time" (unspecified, but the characterization is undisputed) in a police lockup were not subjected to punishment by the failure …
PLRA Doesn't Require Exhaustion of Non Prison Remedies by The plaintiff alleged that he was subjected to unconstitutional medical care for a spinal injury among other problems and that he was excluded from the prison's Unit for the Physically Disabled in violation of the Americans with Disabilities Act. The plaintiff …
False Charges against Staff Not Unconstitutional by Correction officers subjected to allegedly unfounded disciplinary prosecutions could not bring a § 1983 suit for malicious prosecution. Even though New York State recognizes the tort of malicious prosecution based on administrative proceedings, the Supreme Court plurality said in Albright v. Oliver that …
BOP Work Release Appeal Dismissed When Defendant Still on Bail by The plaintiff challenged the refusal to place him in a community corrections center, rather than jail, pursuant to the Department of Justice's newly announced policy limiting such placements. He could seek habeas relief, since he was in custody by …
District Court Cannot Set Pleading Standards above FRCP 8 by The district court ordered the plaintiff to provide a "very detailed complaint against each person, separately numbered, what your claim is against that person and what evidence you have as of this date as against that person, and what legal …
Suit Dismissed for Failing to Timely Exhaust by The plaintiff sought to appeal his grievance two and a half months after an adverse decision; the deadline is four days, and his appeal was not allowed. Also, he wrote to the final appeal body without following the appeal procedure. He didn't …
Cop Suing Under Title VII for Discrimination Entitled to Discovery by A police officer who sued under Title VII alleging racial discrimination was entitled to documentary discovery for a period of three years, "which this Court deems is more than enough time to prove her point." A study of racial …
Size Only One Factor in Class Certification by Plaintiffs seeking class certification need not prove the exact size of the class, just that it is so numerous that joinder "would be difficult or inconvenient." (122) Id.: Factors in determining impracticality of joinder include: judicial economy achieved from the avoidance of …
No Stay of Discovery for Pro Se Plaintiff by The court declines to stay defendants' discovery of a pro se plaintiff based on his medical condition and use of medication; his participation in court proceedings without manifestation of physical incapacity showed he was capable of providing the discovery. See: Davidson …
Pro Se Prisoner Ordered to Produce Court Access Claim Discovery by The pro se plaintiff is directed to comply with various discovery requests. A party cannot refuse discovery on the ground that the adverse party already has the requested information or on the ground that the information can be gleaned …
