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Article • May 15, 2007
New York: $600 For 60 Days Wrongful Confinement In Segregation by On May 17, 2004, a court of claims in Binghamton, New York, awarded $600 to a state prisoner who was wrongfully confined in "keep-lock" for 60 days. Luis Rosales, a New York state prisoner, was placed in keep-lock confinement …
Article • May 15, 2007
New York Prisoner's Disciplinary Sanctions Vacated by Santiago Ramirez, a New York state prisoner, was a representative of a prisoner committee which had pledged a monetary donation for an upcoming family-day picnic. But when guards wouldn't negotiate with respect to the planning of the event, Ramirez tore up the requisition …
Article • May 15, 2007
NY Public Defenders' Pay Kept Low by Leonard Levenson and the other defendants in this case were New York criminal defense lawyers taking cases on appointment. 22 NYCRR § 722-b capped their fee at $800 for misdemeanors and $1,200 for felonies. But in extraordinary cases, trial courts could award more. …
Article • May 15, 2007
New York Guard's Appeal Dismissed for Lack of Hypothetical Assumption by Rene Tellier, a New York state prisoner, sued guards at the New York Metropolitan Correctional Center in federal district court for keeping him in the Special Housing Unit for one and a half years without affording him due process …
Article • May 15, 2007
New York Prisoners Get Credit for Jail Time Spent in Other States by In 1989, Donald Guido was arrested on charges in Florida. New York State promptly lodged a warrant against him on pending New York charges. He spent 411 days in Florida jails before the Florida charges were dismissed. …
Article • May 15, 2007
Former Federal Prisoner Complaint Barred Against Federal Agency by Former Federal prisoner Ben Siyon Ish Yerushalayim filed a Bivens complaint pursuant to 28 U.S.C. Section 1915 alleging violation of his rights under the Free Exercise Clause of the First Amendment and the Religious Land Use and Institutionalized Persons Act (RLUIPA.) …
Article • May 15, 2007
Perp Walk Suit States Claim by The plaintiff alleged that he was subjected to a "perp walk" in that he was instructed to stand on the steps of the police station and pull a jacket over his head for the benefit of Fox News. The Fourth Amendment's protection "does not …
Article • May 15, 2007
Filed under: Civil Procedure, Service
Police Not Properly Served Despite Government Employee Saying So by Police officers were not served properly when process was delivered to a place other than their place of business, even though the government employee who accepted service said that she was authorized to do so. This sort of mistake does …
Article • May 15, 2007
NY Prisoners May Have Liberty Interest in Work Release by The Second Circuit responds to Booth v. Churner. In Nussle, they said excessive force claims aren't about "prison conditions"; in Lawrence v. Goord (42-43): we held that claims alleging particularized instances of retaliatory conduct directed against an inmate are not …
Article • May 15, 2007
New York Prisoner Awarded $60,000 For Fall, Back Injury by In December 1997, a court of claims in Albany, New York, awarded $60,000 to a state prisoner who injured his back when be slipped on icy stairs and fell as he was exiting the prison chow hall. As a result …
Article • May 15, 2007
New York Jail Prisoner Awarded $190,000 For Guard-Inflicted Facial Injuries by In December 1997, a New York state court awarded $190,000 to a prisoner who sustained severe facial injuries when a guard at the Nassau County Jail pushed him into his cell. The plaintiff prisoner, 66 at the time of …
Article • May 15, 2007
Wrongfully Convicted New York Man Denied Compensation Based on Improperly Verified Claim by Wrongfully Convicted New York Man Denied Compensation Based on Improperly Verified Claim A wrongfully convicted New York man satisfied the statutory requirements for a claim against the State but failed to verify it personally, resulting in dismissal …
Article • May 15, 2007
Delay in Processing Administrative Claims Okay by Extended delays by the state Division of Human Rights in processing discrimination claims did not deny due process. A legal cause of action is property. However, procedural deficiencies that do not finally dispose of that cause of action are not a deprivation of …
Article • May 15, 2007
Medical Claim Requires Administrative Exhaustion by The plaintiff's claim of deprivation of medical care is a "prison conditions" claim even under the now-overruled holding of Nussle, since the complaint did not suggest that he was singled out for the denial of medical services Cases must be dismissed, rather than stayed, …
Article • May 15, 2007
Filed under: Police, False Arrest
$10,001 NY False Arrest Verdict Upheld by At 155: . . . [T]he direct physical participation of a defendant in the constitutional violation is not alone a sufficient basis for holding the defendant liable if the defendant had no awareness or notice of the facts that rendered the action illegal. …
Article • May 15, 2007
Attorney Awarded $55,976.19 For Limited Success In Class Action Lawsuit by The U.S. District Court for the Southern District of New York awarded reduced fees and costs of $55,976.19 to an attorney who demonstrated only modest, individual success in his broad civil rights class action complaint challenging New York City's …
Article • May 15, 2007
New York Court Awards $33,000 For Saw-Related Hand Injury by In August 1997, a New York court of claims awarded $33,000 to the estate of a prisoner who lacerated three fingers on his left hand while using a table saw as part of his work assignment at the state prison. …
New York Prisoner Assaulted In City Jail Awarded $920,000 by In June 1997 the First Judicial Supreme Court of New York awarded $920,000 to a prisoner who was assaulted by other prisoners in a New York City jail. As a result of the September 1986 attack, the prisoner, a 28-year-old …
Article • May 15, 2007
New York Prisoner Awarded $70,423 for Fractured Femur in Football Fall by In August 1997, a court of claims in Albany, New York, awarded $70,423 to a state prisoner who fractured his right femur on the prison's recreation yard. The injury occurred in September 1992 when the prisoner tripped over …
NY Sex Offender's Risk Level Three Classification Affirmed by John Laraby, a New York state parolee, was denied a risk level reduction by a New York state trial court at a rehearing in accordance with a ruling in another case. Laraby believed that, based on his exemplary parole record, his …
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