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Article • May 15, 2007
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 …
Article • May 15, 2007
No Counsel Appointed in PLRA Filing Fee Suit by The plaintiff alleged that the defendants improperly applied the PLRA filing fee procedure to freeze his account entirely when he had five filing fees to pay, i.e., taking 100% of his funds rather than the one filing fee and one cost …
Article • May 15, 2007
Police Beating Award Reduced by An award of $400,000 in compensatory damages was excessive in a police abuse case involving egregious misconduct but only soft tissue injuries. Punitive awards of $625,000 for excessive force and $650,000 for abuse of process (for which nominal damages were awarded) were excessive. The court …
Title VII Claim Against NY Jail by Employee Proceeds by The plaintiff correctional employee alleged discrimination based on national origin and retaliation for defending himself against discrimination charges in a Title VII administrative complaint, but in the subsequent lawsuit asserted a claim of racial discrimination. The plaintiff may pursue the …
Article • May 15, 2007
Combined Shiite and Sunni Religious Services Upheld by The plaintiff Shi'ite Muslims alleged that they were subject to discrimination because the Muslim worship and accommodation program in the state prisons combines Shi'ite and Sunni observance and the Sunnis are in charge. A state court held earlier in Cancel v. Goord …
Article • May 15, 2007
NY Prisoner Gets § 1983 Claim Reopened on Newly Discovered Evidence by NY Prisoner Gets § 1983 Claim Reopened on Newly Discovered Evidence William Hemric, a New York state prisoner, filed suit after being beaten. He alleged that while housed at Rikers Island jail on May 13, 1995, he was …
Article • May 15, 2007
Second Circuit Discusses Contempt Sanctions by The court recites Second Circuit contempt boilerplate (655). Contempt sanctions may serve both coercive and compensatory purposes, but a sanction paid to the other party "should correspond at least to some degree with the amount of damages," and proof of loss must be present …
Article • May 15, 2007
Filed under: Media, Censorship
Published Opinions Are Protected Rhetorical Hyperbole And Thus Non-Actionable by Workers World Party, Inc. (the Party), subsidiary WW Publishers, Inc., and reporter Brenda Ryan motioned the court to dismiss actions brought by The Renco Group, Inc. (Renco), for newspaper and internet publishing alleging that Renco "robbed" workers' pension funds, The …
Article • May 15, 2007
New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay by New York "Son of Sam Law" Applies To Prisoner's Military Retirement Pay On May 8, 2006, the Supreme Court of Albany County, New York, has held that State prisoner George Wendell's military retirement pay is not exempt …
Preliminary Injunction Issued, Class Certified in NY Jail Strip Searches by This opinion follows the hearing planned in the previous opinion. The evidence showed that the defendants had nominally changed their policy from one of strip searching everyone brought to the jail to strip searching only those who met one …
Attorney Fees Awarded in NY Police Brutality Suit by In a police false arrest/excessive force case, the court awarded $275,000 in compensatory damages and $7,500 in punitive damages, and found that the City maintained a municipal policy and practice that had caused the violation. Fees are awarded up to $200 …
Article • May 15, 2007
No Right to Have Crimes by Guards Investigated or Prosecuted by The plaintiff alleged that Erie County, its Sheriff, and its DA violated his rights by failing to prosecute two correctional officers who threatened him. It "is well settled that no private citizen has a constitutional right to bring a …
Article • May 15, 2007
Eye Damage Cause by TB Medication Suit Dismissed for Failure to Exhaust by The plaintiff suffered severe visual damage from TB medication. He didn't exhaust against the nurse who made him take the medication and ignored his complaints of side effects. Non-exhaustion is not excused by the fact that he …
$143,774.55 Attorney Fee and Costs Award in New York EMSA Suit by Matthew Clarke by Matthew T. Clarke On May 16, 2006, a New York federal district court magistrate recommended awarding $143,774.55 in attorney fees and costs to the attorneys who represented a prisoner in a civil rights action. Byron …
Article • May 15, 2007
Jewish Prisoner Entitled to Kosher Diet by The court of appeals for the Second circuit affirmed a district court's order that a Jewish federal prisoner in New York be provided with a Kosher diet. The prisoner successfully challenged the Bureau of Prisons national policy on this issue. The plaintiff in …
Counsel Appointed in Conditions Suit by A federal district court in New York entered an order appointing counsel to represent New York prisoners who filed suit claiming raw sewage backed up on prison floors when it rained, that they were fed "gruel" and that prison rapes and assaults were common …
Contempt for Disciplinary Hearing Injunction Violations Upheld by Contempt for Disciplinary Hearing Injunction violations Upheld The court of appeals for the Second circuit affirmed contempt sanctions imposed against New York state prison officials for violating an injunction in disciplinary hearings lawsuit. In this class action suit New York prisoners obtained …
Censorship of Critical Report Struck Down by The court of appeals for the Second circuit affirmed a district court injunction ordering New York prison officials to deliver a report critical of prison administrators in that state to New York prisoners. The lower court ruling is reported at 596 F. Supp. …
Retaliation for Cooperating with State IG Illegal by The court of appeals for the Second circuit held that a district court erred when it dismissed a New York prisoner's retaliation lawsuit. Plaintiff claimed that prison officials retaliated against him by filing false disciplinary charges after he cooperated with the state …
Denial of Witnesses in Pee-Shy Urine Case Reversed by Denial of Witnesses In Pee-Shy Urine Case Reversed The court of appeals for the Second circuit affirmed in part, reversed and remanded in part, a district court's dismissal of a lawsuit filed by a federal prisoner in New York. The prisoner …
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