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Article • May 15, 2007
No Right to Family Visits by The court of appeals for the Second circuit held that New York prisoners have no right to participate in a family (AKA conjugal) visiting program. Prisoners have a right to marriage but not to marital privacy. All courts to consider this issue have concluded …
Article • May 15, 2007
No Right to Personal Nude Photos by The court of appeals for the Second circuit held that New York prisoners have no right to receive personal nude photos. There is a circuit split on this issue. This ruling (and prison policy) does not apply to commercial nude photos or pornography. …
Article • May 15, 2007
Federal Death Penalty Held Unconstitutional by The United States District Court for the Southern District of New York has held that the Federal Death Penalty Act (FDPA), 18 U.S.C. §§ 3591-3598, is unconstitutional. Alan Quinones and Diego Rodriguez were charged with drug offenses and murder under various federal statutes. The …
Article • May 15, 2007
Prison Superintendents Not Dismissed from Female Prisoner's Sexual Assault Claim by Prison Superintendents Not Dismissed From Female Prisoner's Sexual Assault Claim The United States District Court for the Southern District of New York denied a motion to dismiss the Superintendent and an Assistant Superintendent from a complaint filed by a …
Article • May 15, 2007
Nominal Damage Relief Does Not Warrant Attorney Fee Award by The U. S. District Court for the Eastern District of New York held that even though a prisoner was the "prevailing party" in a civil rights action, a verdict awarding only nominal damages did not warrant an attorney fee award …
Article • May 15, 2007
Retaliation Claim Legitimate, Res Judicata Claim Not by A New York state prisoner brought a § 1983 action against prison authorities alleging retaliation for previous legal action. Prison officials introduced motion for summary judgment asserting principle of res judicata. The U.S. District Court for the Southern District of New York …
Article • May 15, 2007
Filed under: Searches, Videotaping
Intercepted Conversation of Jail Visitor Not Protected by The United States Supreme Court held that a state court conviction, for refusing to answer questions interposed by a state legislative committee, did not present a federal due process question, under the circumstances of the case. Although the Court declined to explicitly …
Article • May 15, 2007
Filed under: Sentencing, Good Time
New York Jail Good Time Statute Held Constitutional by The U.S. Supreme Court held a New York good-time statute to be constitutional. New York prisoners brought action against state prison officials alleging violation of the Equal Protection Clause. Under § 230(3) of the New York Correction Law, prisoners were not …
Article • May 15, 2007
Beard Length Restriction Upheld, Prior Ruling Reversed by The Second U.S. Circuit Court of Appeals, reversing its prior ruling in the same case, upheld a rule by the New York Department of Correctional Services (DOCS) restricting prisoners' beards to one inch in length. Yevgen Fromer, a observant Orthodox Jew, sued …
Article • May 15, 2007
Second Circuit Cites Factors for Appointing Counsel for Indigent Litigants by The U.S. Second Circuit Court of Appeals, vacating and remanding a New York district court decision, held that the district court judge abused her discretion in refusing to appoint counsel for an indigent civil litigant. Allen Hodge was arrested …
Article • May 15, 2007
New York County Could Be Liable for Jail Strip Searches by The U.S. Court of Appeals for the Second Circuit held that Herkimer County (New York) was not entitled to qualified immunity if it maintained a policy that allowed the routine strip-searching of misdemeanor arrestees without reasonable suspicion that they …
Article • May 15, 2007
Errors in § 1983 Dismissal, Reasonableness for Indigent Mail Policy Unproven by Errors in § 1983 Dismissal, Reasonableness for Indigent Mail Policy Unproven The U.S. Court of Appeals for the Second Circuit held that a U.S. district court procedurally erred in dismissing a prisoner's §1983 action for failure to state …
Article • May 15, 2007
Jail Grievance Procedure Not Available to New York State Prisoner by A federal court in New York held that a prisoner who was transferred from a jail to prison prior to bringing an action against jail officials did not fail to exhaust available administrative remedies, because the jail's grievnace procedure …
Article • May 15, 2007
New York Department of Corrections Sued Over Systemic Rape of Women Prisoners by Ava Azizi New York Department of Corrections Sued Over Systemic Rape of Women Prisoners by Ava Azizi Bobbie Kidd was raped on August 9, 2001 while serving time in Albion Correctional Facility. She claims she was raped …
Article • May 15, 2007
Minimum Wage Provisions Apply to Prisoners Employed by Community College by The Second Circuit Court of Appeals held that the status of being a prisoner does not exclude the prisoner from being entitled to minimum wage for employment services by non-prison employers. This action was filed by a New York …
Retaliation for Litigation, Grievances States Claim by A New York federal district court held the prisoner in this civil rights action stated a claim for retaliation and failure to provide adequate medical care. This action was filed by a New York prisoner transferred from the Elmira Correctional Facility to the …
Article • May 15, 2007
Diabetic Prisoner Entitled to Special Diet by A New York federal district court ordered prison officials at the Green Haven Penitentiary to transfer a "brittle diabetic" to a facility equipped to provide his physical and dietary needs, or to insure he is forthwith provided with fully adequate care, including a …
No Immunity for DOC Under Rehabilitation Act or ADA by No Immunity for DOC under Rehabilitation Act or ADA The U.S. Southern District of New York held that DOC was a state agency but was not necessarily entitled to qualified immunity. New York state DOC was sued by a former …
Article • May 15, 2007
Filed under: Medical, Podiatry
$500 Award in Sing Sing Medical Neglect Suit by $500 Award In Sing Sing Medical Neglect Suit Willie Sykes, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against the State of New York, claiming that the SSCF medical staff failed to treat him …
Article • May 15, 2007
$98,500 Settlement In Jail Negligence Suit Prisoner Beating by Darrin Rvdberg, filed a civil law suit in 1997, against the Nassau County Correctional Center (jail), for 3 million dollars in damages for the jail's negligence in failing to protect him from being assaulted by another prisoner (Porter), while Rydberg was …
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