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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 …
Article • May 15, 2007
Filed under: Medical, Cancer, Malpractice
No Reconsideration of Jail Cancer Misdiagnosis by The plaintiff alleged that medical staff at the Erie County Medical Center removed one kidney and part of his bladder assuming that he had transitional cell carcinoma when his diagnostic tests were actually negative for cancer. The allegations at most state a claim …
Assault Victims Statements Must Be Evaluated at Disciplinary Hearing by The plaintiff was convicted of assaulting another prisoner who wrote an initial statement that the plaintiff did it but then refused to testify. There was no evidence of guilt that did not derive from the victim's statement. The plaintiff's disciplinary …
Article • May 15, 2007
Change in BOP Work Release Policy Upheld in New York by The plaintiff challenged the Department of Justice's abruptly announced change of policy holding that prisoners cannot be placed in a community confinement center for more than 10% of their sentences. The Bureau of Prisons' interpretation of the statute is …
No Supervisory Liability for Forwarding Complaints about Conditions to Others by The plaintiff complained of excessive force and other abuse. Defendants have not met their burden of showing that the plaintiff failed to exhaust. They submitted the grievance director's affidavit stating that the Central Office Review Committee has no record …
Article • May 15, 2007
Court Describes Different Class Action Notifications by At 183: Notice of an impending class action suit need only be the best notice practicable under the unique circumstances of each case; this is a fact-intensive inquiry. . . . Individual notice to each plaintiff is unnecessary, as long as the notice …
Article • May 15, 2007
Medical Defendant Must be Served Personally by A jury returned a plaintiff's verdict in a deliberate indifference and medical malpractice case in which the victim of malpractice died of sickle cell anemia. However, one of the doctors was never personally served. Under state and federal law, service may be made …
Article • May 15, 2007
Filed under: Organizing, Voting
Voting Rights Act Doesn't Apply to NY Prisoners/Parolees by The Voting Rights Act does not apply to the New York statute disenfranchising currently incarcerated felons and parolees. The court initially polled itself sua sponte while petitions for certiorari were pending, then denied rehearing with three judges dissenting and four stating …
Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury by Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury The plaintiff was involuntarily detained and hospitalized. He prevailed both on his Fourth Amendment claims for unlawful seizure and his state law claims for false …
Article • May 15, 2007
Filed under: Civil Procedure, Damages
No Damages for Three Year Visiting Denial by The plaintiff prisoner's visits were suspended after he was found with a shank on his way to the visiting room. His visiting privileges were permanently revoked, except that he was told he could apply for reconsideration after a year, and did so …
Article • May 15, 2007
Defendants Held in Contempt in Trademark Suit by The defendants are held in contempt in a trademark infringement and dilution case. The defendants are not excused on the ground of impossibility of compliance. At 377: "That reasonably, if not easily, avoidable violations occurred ten days after the Order's entry indicates …
Article • May 15, 2007
Class of Homeless Children Seeking Education Certified by The court certifies a class of homeless children who alleged that school enrollment and transportation procedures violate the McKinney Act and deny equal protection. At 324: The Defendants urge that the legal issue can only be decided on an individual basis because …
Article • May 15, 2007
NY Prisoner Suit Dismissed for Failing to Exhaust by The plaintiff says he filed grievances but his appeals are still pending. The court dismisses for non-exhaustion. The court doesn't say how long they have been pending, and doesn't mention any deadline for grievance decisions or address the view some courts …
Article • May 15, 2007
New York Disciplinary Procedures Violate Due Process, Prisoner Awarded $750 by The U.S. District Court for the Northern District of New York held that disciplinary procedures extending prisoners' time in punitive segregation violated due process and that the prison's strip search policy violated the Fourth Amendment. Prisoners Zachary Morgan, Born-Allah, …
Restivo v. Nassau County, NY, Amended Complaint, Wrongful Conviction, 2007 Case 2:06-cv-06720-JS-WDW Document 33 Filed 04/23/2007 Page 1 of 48 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK JOHN RESTIVO, DENNIS HALSTEAD, MELISSA LULLO, JASON HALSTEAD, TAYLOR HALSTEAD, and HEATHER HALSTEAD, Plaintiffs, v. 06-CV-6720 (JS) (WDW) NASSAU …
Article • April 15, 2007 • from PLN April, 2007
Two Victories in New York’s Struggle Against Unjust Telephone Contract by Rachel Meeropol Two Victories in New York's Struggle Against Unjust Telephone Contract by Annette Dickerson, Rachel Meeropol, and Lauren Melodia Families of those incarcerated by New York State finally won some justice this winter in their fight against a …
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