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Second Circuit Holds PLRA Fee Cap Inapplicable To So-ordered Stipulated Dismissals
Article • July 15, 2006 • from PLN July, 2006
Filed under: PLRA, Attorney Fees (PLRA), Guard Brutality/Beatings, Settlements
Second Circuit Holds PLRA Fee Cap Inapplicable To So-ordered Stipulated Dismissals by Bob Williams Second Circuit Holds PLRA Fee Cap Inapplicable To So-ordered Stipulated Dismissals by Bob Williams In a case of first impression, the United States Court of Appeals for the Second Circuit has held that the fee cap …
New York Prisoner Awarded $4,000 For Assault
Article • July 15, 2006 • from PLN July, 2006
Filed under: Conditions of Confinement, Failure to Protect (General), Damages
New York Prisoner Awarded $4,000 For Assault by On May 23, 2005, a New York court of claims awarded $4,000 to a state prisoner who suffered a head injury when another prisoner attacked him. While imprisoned by the State Department of Correctional Services in Elmira, New York, William Crenshaw was …
Sweetheart Deal For Pharmacy Supplying Saratoga County Jail
Article • July 15, 2006 • from PLN July, 2006
Filed under: Contractor Misconduct, Medical, Medication, Private Contractors
Sweetheart Deal For Pharmacy Supplying Saratoga County Jail by OBriens Pharmacy in Ballston Springs has a pretty good deal in supplying the Saratoga County Jail in New York with prescription drugs for prisoners. The county, which paid OBriens $247,000 in FY 2004, has been paying the average wholesale price plus …
New York Prisoner Awarded $25,000 For Assault
Article • July 15, 2006 • from PLN July, 2006
Filed under: Conditions of Confinement, Failure to Protect (General)
New York Prisoner Awarded $25,000 For Assault by On April 12, 2005, a Bronx, New York, jury awarded $25,000 to a man who was severely beaten by other prisoners in the mental health section of the Rikers Island jail complex. The 18-year-old plaintiff was imprisoned at Rikers Island for a …
Second Circuit: Drug-Abuse Based Denial Of HCV Treatment Is Actionable
Article • June 15, 2006 • from PLN June, 2006
Filed under: Medical, Hepatitis, Parties, Drug Treatment/Rehab
Second Circuit: Drug-Abuse Based Denial Of HCV Treatment Is Actionable by John E Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals permitted a prisoners damages claim against the New York Department of Corrections (DOC) to proceed after he had been denied treatment for his Hepatitis-C (HCV) …
Davis v. Chen, NY, Interrogatories, 2006
Brief • 2006
Davis v. Chen, NY, Interrogatories, 2006 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ----------------------------------------------------------------------X PAULINE FORSHA DAVIS, as Administrator of the ) Estate of BILLY CURL DAVIS, ) Plaintiff, ) ) ) vs. ) ) CHEN YIN, M.D., WESLEY CANFIELD, M.D., ) NEW YORK STATE CORRECTIONAL OFFICERS, ) …
Laundry Slip and Fall Injury Reaps New York Prisoner $95,000
Article • May 15, 2006 • from PLN May, 2006
Filed under: Injury -- Misc., Surgery, Immunity/Liability, Premises Liability
Laundry Slip and Fall Injury Reaps New York Prisoner $95,000 by Laundry Slip and Fall Injury Reaps New York Prisoner $95,000 A New York Court of Claims has awarded state prisoner Laurie Kellogg $95,000 for injuries sustained from a slip and fall accident in a laundry room at Bedford Hills …
Scandal, Suicides, Corruption and Abuse Abound at New York Citys Rikers Island Jail
Article • May 15, 2006 • from PLN May, 2006
Filed under: Staff-Prisoner Assault, Prison Health Services, Staff-Staff Harassment, Contractor Misconduct, Medical Misconduct, Jail Misconduct, Discrimination, Gay/Lesbian, Systemic Medical Neglect, Cell Searches, Strip Searches, Failure to Protect (General), Staffing, Guard Brutality/Beatings, Americans with Disabilities Act, Medical Neglect/Malpractice, Suicides, Clergy
Scandal, Suicides, Corruption and Abuse Abound at New York Citys Rikers Island Jail by Gary Hunter Scandal, Suicides, Corruption and Abuse Abound at New York Citys Rikers Island Jail by Gary Hunter When Rikers Island was purchased in 1884 it was only 87 acres. The city of New York made …
New York Brutality Settlement Affecting Twenty Two Prisoners, Fourteen Units Settles for $2.2 Millio
Article • May 15, 2006 • from PLN May, 2006
Filed under: Misconduct/Corruption, Guard Misconduct, Jail Misconduct, Attorney Fee Awards, Guard Brutality/Beatings, Damages, Settlements
New York Brutality Settlement Affecting Twenty Two Prisoners, Fourteen Units Settles for $2.2 Millio by Gary Hunter New York Brutality Settlement Affecting Twenty Two Prisoners, Fourteen Units Settles for $2.2 Million by Gary Hunter Settlement of a 4-year-old lawsuit, between brutalized prisoners and the guards who attacked them, was achieved …
New Yorks Top Cop Crumbles Under Personal Investigation
Article • May 15, 2006 • from PLN May, 2006
Filed under: Staff-Staff Harassment, Misconduct/Corruption, Police Misconduct, Jail Misconduct, Government Misconduct, Retaliation against Staff, Stun Guns/Tasers
New Yorks Top Cop Crumbles Under Personal Investigation by New Yorks Top Cop Crumbles Under Personal Investigation by Gary Hunter Given the controversy and corruption that currently surrounds virtually every aspect of the New York City penal process, its insightful to reflect on how one former New York top cop …
New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care
Article • May 15, 2006 • from PLN May, 2006
Filed under: Pain, Skeletal Injury, Disciplinary Hearings, Hearing Officers, Damages
New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care by New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care The New York Court of Claims in Rochester has awarded prisoner Patrick Vaughn $2,760 on his claim that he was unlawfully confined and that his medical condition was not …
Neglected New York Prisoner Dies At Jail Following Heart Surgery
Article • May 15, 2006 • from PLN May, 2006
Filed under: Prison Health Services, Misconduct/Corruption, Contractor Misconduct, Cardiovascular, Surgery, Medical Neglect/Malpractice
Neglected New York Prisoner Dies At Jail Following Heart Surgery by Michael Rigby Laura Woolseys biggest fear was dying in jail. But thanks to the inept care provided her at New Yorks Schenectady County Jail, that fear was tragically realized. Woolsey, 39, died at the jail on August 3, 2005, …
Appointment of Counsel Satisfies Access to Courts Requirement
Article • April 15, 2006 • from PLN April, 2006
Filed under: Attorneys, Appointment of Counsel, Law Library Access/Adequacy
Appointment of Counsel Satisfies Access to Courts Requirement by The Second Circuit Court of Appeals held that the appointment of counsel is a valid means of fully satisfying a state constitutional obligation to provide prisoners, including pretrial detainees, with access to the courts[.] The court also held that constitutionally acceptable …
NYDOCS Abandons ADA DOJ Exhaustion Defense
Article • April 15, 2006 • from PLN April, 2006
Filed under: Administrative Exhaustion (PLRA), Civil Procedure, Defenses, Americans with Disabilities Act
NYDOCS Abandons ADA DOJ Exhaustion Defense by Upon the request of prison officials, the Second Circuit Court Of Appeals vacated a district courts dismissal of an action brought by New York prisoners, for failure to exhaust administrative remedies. Several of New York State Department of Correctional Services (DOCS) prisoners brought …
New York Prisoner Awarded $2,250 For Wrong Medication
Article • April 15, 2006 • from PLN April, 2006
Filed under: Medical, Medication, Damages, Expert Witnesses
New York Prisoner Awarded $2,250 For Wrong Medication by On February 22, 2005, a court of claims in Rochester, New York, awarded $2,250 to a state prisoner who was given the wrong medication for nearly two years while imprisoned at the Collins Correctional Facility. On October 14, 1999, prisoner Nathan …
PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger o
Article • April 15, 2006 • from PLN April, 2006
Filed under: HIV/AIDS, Hepatitis, Filing Fees (PLRA), Frivolous Litigation (PLRA), Civil Procedure, Complaints
PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger o by PLRA Doesnt Bar FRCP 15(a) Amendment of Complaint - No HIV/Hepatitis Treatment = Imminent Danger of Serious Physical Injury In a case of first impression, the Eleventh Circuit Court of Appeals held that …
2nd Circuit Reverses Sua Sponte § 1915 Dismissal; Parolee Owed Duty of Habitable Residence
Article • April 15, 2006 • from PLN April, 2006
Filed under: Sex Offender Registration, Complaints, Sentencing, Parole
2nd Circuit Reverses Sua Sponte § 1915 Dismissal; Parolee Owed Duty of Habitable Residence by The Second Circuit Court of Appeals reversed a district courts sua sponte dismissal, pursuant to 28 U.S.C. § 1915(e)(2)(b)(ii), of a New York parolees action, for failure to state a claim. Alonzo Jacobs, a parolee …
NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments
Article • March 15, 2006 • from PLN March, 2006
Filed under: Telephones, Telephone Rates, Fathers in Prison, Mothers in Prison
NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments by NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments by John E. Dannenberg The U.S. District Court (S.D. N.Y.) ruled that the 60% surcharge (kickback) that the New York State Department of Corrections (NYDOC) receives from …
New York City Jail Strip Search Suit Settles For $30 Million
Article • March 15, 2006 • from PLN March, 2006
Filed under: Strip Searches, Arrestee Searches, Attorneys, Attorney Fee Awards, Damages, Settlements, Municipal Liability
New York City Jail Strip Search Suit Settles For $30 Million by by John E. Dannenberg On April 27, 2005, the City of New York agreed to settle a federal court class action 42 U.S.C. § 1983 civil rights suit with 57,634 past misdemeanant prisoners at its city jails, paying …
Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case
Article • March 15, 2006 • from PLN March, 2006
Filed under: Hepatitis, Defenses, Complaints, Immunity/Liability, Qualified Immunity
Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case by Qualified Immunity on FRCP 12(b)(6) Motion Faces Formidable Hurdle in Hepatitis Case The Second Circuit Court of Appeals upheld a lower courts denial of a Fed.R.Civ.P. 12(b)(6) motion to dismiss, asserting a qualified immunity defense. The court …
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