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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 …
Article • April 15, 2006 • from PLN April, 2006
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 …
Article • March 15, 2006 • from PLN March, 2006
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 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 …
Article • March 15, 2006 • from PLN March, 2006
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 …
Article • March 15, 2006 • from PLN March, 2006
Former Riker's Island Head Goes to Prison by Matthew T. Clarke In March 2005, Anthony Serra, formerly the second-in-command of the New York City corrections department and top official at Rikers Island Jail, pleaded guilty to state and federal charges. He was subsequently sentenced to a year in prison. As …
Article • March 15, 2006 • from PLN March, 2006
$3.6 Million Awarded in Rape and Murder by Erroneously Released NY Prisoner by The New York Court of Claims awarded $3,621,632 to the estate of a woman who was raped and murdered by a prisoner who was mistakenly released early. The court also awarded $1,950,000 to another woman who was …
New York Jail Prisoner Injured In Assault Awarded $750,000 by On July 12, 2005, a New York court awarded $750,000 to a prisoner who suffered ankle and face injuries when he was beaten by other prisoners. While imprisoned at Rikers Island in Queens on February 12, 1995, Joshua Torres, 17, …
Article • March 15, 2006 • from PLN March, 2006
New York Governor Illegally Halts the Release of 12 Sex Offenders by by Gary Hunter New York Governor George Pataki illegally ordered twelve sex offenders, scheduled for release from prison, to be committed to New York's Manhattan Psychiatric Center (MPC), between September 23 and October 21, 2005. On November 2, …
Court Orders Mob Boss Released from SHU by A New York federal district court has ordered a federal pretrial detainee released from administrative detention into general population because the government had other means of preventing him from communicating with the members of his crime family. Vincent Basciano moved pursuant to …
New York Jail Detainee Awarded $233,000 in Damages and Fees for Excessive Force Claim by David Reutter by David M. Reutter A New York federal district court reduced a jurys damage award in a prisoners civil rights action alleging excessive force by guards. The total award came to $165,000 and …
Article • March 15, 2006 • from PLN March, 2006
Filed under: Private Prisons, Financing
Avalon Correctional Services Delisted From NASDAQ by On February 3, 2005, Avalon Correctional Services, Inc., announced that it had filed Form 15 with the Securities and Exchange Commission (SEC) to terminate the company's common stock pursuant to the Securities and Exchange Act of 1934 (SEA). This allows Avalon to cease …
Article • February 15, 2006 • from PLN February, 2006
Filed under: Medical, Vision
New York Prisoner Awarded $2,500 for Delayed Eyeglasses by On February 9, 2005, a New York court of claims awarded $2,500 to a state prisoner whose replacement eyeglasses were delayed for 10 months. Marc Herouard, a prisoner at the Fishkill Correctional Center, discovered on February 7, 2001, that his eyeglasses …
Article • February 15, 2006 • from PLN February, 2006
NY State Prisoner Receives $400,000 Liver Transplant by by John E. Dannenberg An NBC News I-Team 10 investigation caused considerable media controversy when it reported that a New York state prisoner with end-stage liver disease had received a $400,000 liver transplant in November, 2005, at state expense. This is significant …
Article • February 15, 2006 • from PLN February, 2006
New York Prisoner Attacked On Bus Awarded $600,000 by On April 28, 2005, a New York prisoner was awarded $600,000 for injuries he sustained when other prisoners attacked him on a prison bus. Plaintiff Daniel Arroyo, 17, was convicted of a youthful offense. On November 9, 1994, while being transported …
New York's Sex Offender Treatment Program Enjoined; Stay Issued Pending Appeal by by Bob Williams The United States District Court for the Northern District of New York ruled that New York's program for treating convicted state sex offenders violates the Fifth Amendment's guarantee against compulsory self-incrimination and issued a preliminary …
New York Jail Doctor Put on Probation After Wrong Prescription Kills Detainee by by John E. Dannenberg The former medical director for Rensselear (New York) County Jail was put on probation for three years by state health authorities for improper treatment of alcohol withdrawal syndrome that caused the death of …
Judge Reduces Damage Award Against PHS In New York Jail Heart Attack Suit by by John E. Dannenberg In July 2005, a New York federal jury awarded $150,000 in compensatory damages and $632,988 in punitive damages to a jail prisoner who suffered permanent disabilities when treatment for his heart attack …
Article • January 15, 2006 • from PLN January, 2006
New York: Wrongfully Imprisoned Man Settles For $5,000,000 by by Michael Rigby A man who was wrongfully convicted of raping a 5-year-old girl has settled with the state of New York for $5 million, the largest such settlement in state history. But no amount of money can atone for the …
Brief • January 3, 2006
Lake v. Schoharie County, NY, Medical Lake Case, Order, 2006
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