Right-To-Sue Letter Not Required For ADEA Claims by The United States District Court for the Eastern District of New York held that Title VII procedural requirements mandate that a claimant obtain a right-to-sue letter from the Equal Employment Opportunity Commission (EEOC), but a right-to-sue letter is not necessary for actions …
Second Circuit Grants Plaintiff IFP Status by The U.S. Second Circuit Court of Appeals held that a pro se plaintiff seeking to file civil rights actions should have been permitted to proceed in forma pauperis. Carl Potnick sought to file two pro se civil rights actions in district court and …
$29,000 Attorney Fees and Costs Award in Procedural Due Process Suit and Failure to Provide Kosher Meals by $29,000 Attorney Fees and Costs Award in Procedural Due Process Suit and Failure to Provide Kosher Meals A New York Federal District Court granted the plaintiff's motion for the award of attorney …
Environmental, Sanitary Problems Violate Due Process by The U.S. District Court for the Southern District of New York held that certain jail conditions violated pretrial detainee's due process rights. Pursuant to the Prison Litigation Reform Act (PLRA), the New York City Department of Corrections petitioned for immediate termination of consent …
Short-Term Sentence Extension Without Final Parole Revocation Hearing Unconstitutional by Short-Term Sentence Extension Without Final Parole Revocation Hearing Unconstitutional The Second Circuit Court of Appeals held that extending a parolee's sentence as the result of a charged parole violation without according a final due process hearing on that violation when …
NY Prisoner Awarded $350 After Being Assaulted By His Cell Mate by On July 8, 2003, Arnold Fordham was a prisoner at the Five Pounts Correctional Facility in Romulus, New York. After he refused his cell mate a cigarette, the cell mate assaulted him, causing minor injuries to Fordham's back, …
$98,500 Settlement in Jail Negligence Suit for Prisoner Beating by Darrin Rydberg filed a civil lawsuit in 1997 against the Nassau County Correctional Center (jail) for $3 million in damages, due to the jail's negligence in failing to protect him from being assaulted by another prisoner (Porter) while Rydberg was …
Pilot Light Burn Nets NY Prisoner $225 by A New York State court of claims judge found the New York Department of Correctional Services (DCS) negligent in training and supervising a prisoner who sustained first-degree burns. The court awarded only $225 for past pain and suffering. On July 15, 1999, …
$98,500 Settlement In Jail Negligence Suit-Prisoner Beating by Darrin Rydberg, 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 incarcerated …
NY Prisoner Awarded $150 for Wrongful SHU Placement by A New York state court of claims found that a prisoner wrongfully confined in a special housing unit (SHU) for two weeks and awarded him $150. On January 17, 2000, New York Department of Correctional Services (DCS) prisoner Anthony Amaker was …
New York Prisoner Assaulted By Guards Awarded $300 by On December 31, 2003, a court of claims in Albany, New York, awarded $300 to a state prisoner who claimed his knee was injured when a guard at the Franklin Correctional Center (FCC) assaulted him during a pat-search. While imprisoned in …
New York Prisoner Injured In Fall From Bunk Awarded $75 by On October 14, 2004, a court of claims in Syracuse, New York, awarded $75 to a state prisoner who was injured when he fell from his improperly assigned upper bunk. Prisoners at the Cape Vincent Correctional Facility are typically …
Denial Of Disability Benefits For Intent to Flee Questioned by Felipe Fowlkes, an elderly New York resident, appealed the denial of his Federal civil rights petition suspending his Supplemental Security Income (SSI) benefits for allegedly having the intent to flee to evade arrest or prosecution of a Virginia felony larceny …
NY Mental Patient Liable For Cost of Treatment Even Though She Is Without the Ability to Pay by NY Mental Patient Liable For Cost of Treatment Even Though She Is Without the Ability to Pay Patricia II was a patient at a state-run psychiatric center in 1997, for which a …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for by Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the …
$380 Awarded for Fall from NYDOCS Transport Van by A New York state court held that the New York Department of Correctional Services (DCS) was liable for injuries a prisoner sustained when he fell from a transport van. Finding minimal, superficial damages, the court awarded $380 on October 21, 2004. …
New York Prisoner's Interference-With-Legal-Mail Claim Improperly Dismissed by Garrick John, a New York state prisoner, sued the state Department of Corrections and its guards on several legal theories in federal district court. He moved the district court for leave to amend to avoid dismissal for failure to state an actionable …
Constitutional Violation Found by State Court Doesn't Create Collateral Estoppel in Federal Action by Constitutional Violation Found by State Court Doesn't Create Collateral Estoppel in Federal Action The Second Circuit Court of Appeals held that a prisoner seeking damages for a due process violation could not argue the defendants were …
No Summary Judgment On Disciplinary Diet Claim by A federal court in New York held that prison officials were not entitled to summary judgment on a prisoner's claim that he was repeatedly placed on restricted disciplinary diets and subjected to painful handcuffing, in violation of the Eighth Amendment. Wilfredo Rodriguez …
Suitable Residence Parole Condition Rational in NY by The Appellate Division of the New York Supreme Court affirmed a decision to the New York State Division of Parole denying release to a convicted child molester. James Billups was convicted of raping his young daughter and sentenced to a term of …
