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Article • May 15, 2007
Filed under: Excessive Force, Restraints
Tight Handcuffs Suit Dismissed by The plaintiff's allegation that he sustained moon-shaped cuts from handcuffs that went unattended for days and, he was told, had caused nerve damage that would take time to regenerate did not support a deliberate indifference claim. Doctors he saw later made clear that there was …
$2,000,000 Jury Verdict in Negligence Suit in Hospital for Failure to Protect by When a New York City police officer took an arrestee to St. Vincent's Hospital for treatment of superficial hear wounds, emergency room personnel instructed the officer to remove the arrestee's handcuffs because he would be considered a …
Article • May 15, 2007
New York Prisoner's Prior Convictions for Sex Offenses Are Sufficient for Level 3 Classification by New York Prisoner's Prior Convictions for Sex Offenses Are Sufficient for Level 3 Classification In anticipation of the release from prison of Dale Mabb, a New York sex offender, the state Board of Examiners of …
Article • May 15, 2007
NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings by NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings Louis Avincola, a New York state prisoner, was infracted for fighting. At the ensuing Tier 3 disciplinary hearing the …
NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That by NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That Category Alan Barnett, a New York state prisoner, was classified as a risk level II sex offender …
NY Sex Offender's Risk Level 3 Classification Based on Credible Information, Thus Affirmed by NY Sex Offender's Risk Level 3 Classification Based on Credible Information, Thus Affirmed Tercero Stafford, a New York prisoner, is serving a prison sentence for burglary. He had prior convictions for sex offenses in New York …
Article • May 15, 2007
Court Rejects Cold Cell BOP Suit by The plaintiff said he was locked in a cell so cold that at times he could see his breath, his knees swelled and his arthritis worsened, and he suffered severe stress, anxiety, and panic attacks. He sued under the Federal Tort Claims Act …
Article • May 15, 2007
NY Ban on Internet Materials Upheld by A serious medical need is "a condition of urgency that may result in degeneration or extreme pain." (559) (No it isn't, necessarily.) The plaintiff alleged an eight-month delay in diagnosis of his "bowel disorder" (mild distal proctitis and internal hemorrhoids) from the time …
Article • May 15, 2007
Grievance Response Required Before Suit Filed by The plaintiff did not grieve his medical care complaint, so he failed to exhaust. He grieved and appealed his use of force case, but failed to exhaust because he did not show that he had received a decision. The court does not discuss …
Article • May 15, 2007
Defendant Sanctioned for Late Production of Discovery by The City, approximately two weeks before trial, "under circumstances not persuasively explained," produced documents which were clearly responsive to earlier document requests and which ultimately became a core part of plaintiff's (losing) case. The City's conduct, "although perhaps short of bad faith …
Color Blind Bus Driver Not Disabled Under ADA by A city bus driver disqualified from driving city buses based on color blindness was not disabled within the meaning of the ADA because he was not substantially limited in the major life activity of seeing and was therefore not disabled under …
Article • May 15, 2007
Class Representatives Have Standing to Enforce Settlements by Class representatives moved to enforce a settlement, and the motion was opposed on the ground that they had not personally suffered the injuries set out in the motion and therefore lacked standing. At 173 n.10: Although, upon certification of a class, the …
Article • May 15, 2007
$30,000 Settlement in NY Jail Beating Case by While awaiting to visit his wife at New York's Riker's Island, the prisoner plaintiff was awaiting to enter the strip search room when several guards knocked loudly on the door. A few minutes after those guards left the area, four guards angrily …
Article • May 15, 2007
Administrative Exhaustion Defense Waived by BOP by At 695: "The failure to exhaust available administrative remedies is an affirmative defense. At least two other circuits have explicitly held that the PLRA's exhaustion requirement may be waived, . . . . We today join them and hold that this defense is …
Article • May 15, 2007
Sheriff Not Liable for Slip and Fall in Showers by The plaintiff didn't exhaust because, he says, he was unaware of the requirement. His claim is dismissed with prejudice, since he is no longer in the jail and remedies are unavailable. The plaintiff failed to allege that the Sheriff was …
Article • May 15, 2007
No Dismissal of Visiting Denial Suit by Gang Founder by The plaintiff, claimed to be a founder of the Bloods, alleged that he was denied contact visits in the New York City jails even after he grieved the issue and won it. Defendants moved for judgment on the pleadings. The …
Retaliation by NY Jail Guards Not Barred by PLRA by The plaintiff complained that the defendants retaliated against him for public criticism of police misconduct. He was arrested on seemingly trumped-up charges, transferred from Orange County to Rikers Island with false information that his claim to have been a police …
Article • May 15, 2007
NY Food Load Suit Dismissal Reversed Under RLUIPA by The plaintiff alleged that an officer ordered him to return his food tray and cup while he was performing salat, knowing that his religious beliefs prohibited his responding, and issued a misbehavior report. The plaintiff was subjected to a week of …
Prisoner Can Block Repayment of Social Security Payments in Court by The plaintiff was imprisoned and the Social Security Administration notified him that it was stopping his retirement benefits and seeking $9,577 in overpayments received before they figured out he was locked up. SSA refused to waive the overpayment under …
Article • May 15, 2007
Prisoner Cannot be Class Representative and File Industrial Suit Over Same Claims by Prisoner Cannot be Class Representative and File Industrial Suit Over Same Claims The plaintiff alleged that she was raped and impregnated by a correction officer. She filed a damage suit in one district and subsequently became a …
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