New York Prison Officials Denied Qualified Immunity in Revoking Prisoner's Temporary Release by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court, Southern District of New York, held that prison officials violated a state prisoner's civil rights by revoking his temporary release program participation without a hearing …
New York City: Thousands Unnecessarily Imprisoned at Enormous cost by New York City: Thousands Unnecessarily Imprisoned At Enormous Cost New York City is spending a fortune to unnecessarily imprison thousands of its citizens for relatively minor offenses. According to the city's Independent Budget Office, in fiscal year 2003 the total …
New York Prisoner Informant Awarded $7.65 Million In Failure-To-Protect Suit by Michael Rigby On May 3, 2004, a federal jury in Manhattan awarded $7.65 million to a New York prisoner who was nearly killed when another prisoner attacked him with a razor. The plaintiff had alleged in his civil rights …
Jury's $108,000 Verdict in New York Prisoner's Medical Claim Vacated by The Second Circuit Court of Appeal has affirmed a district court's order setting aside a jury's verdict of $108,000 in a prisoner's lawsuit alleging deliberate indifference to his serious medical needs. New York prisoner Juan Hernandez sustained multiple gunshot …
New York Prisoners Win Injury Awards, Lack of Expert Testimony Detrimental by Michael Rigby New York Prisoners Win Injury Awards, Lack Of Expert Testimony Detrimental by Michael Rigby In two separate cases, New York courts of claims awarded $3,500 to prisoners pursuing pro se personal injury claims against the state. …
Prison Town Legislators Represent Prisoners' Interests? Not Quite by Peter Wagner On June 7, 2004, talks between the New York State Senate and the Assembly on how to best reform the draconian Rockefeller Drug Laws broke down. Publicly, the dispute is over ideological disagreements, but an obscure Census quirk that …
New York State Prisoner Awarded $30,000 for Work Related Injuries by On December 17, 2003, a state court of claims in White Plains, New York, awarded state prisoner Jose Santos $30,000 for injuries he sustained while working in the industrial-unit paint shop at the Fishkill Correctional Facility. In his lawsuit, …
Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation by Hearsay Testimony of Prison Officials Found Inadmissible in Criminal Prosecution and Probation Revocation The Third Circuit Court of Appeals held that prison officials' testimony in the prosecution of a prisoner was inadmissible hearsay and that it …
New York State Police, Trooper James D. Leeder Letter of Censure, 2004 WAYNE E. BENNETT SUPERINTENDENT NEW YORK STATE POLICE TROOP T HEADQUARTERS P.O. BOX 189 ALBANY, N. Y. 12201-0189 August 3, 2004 LETTER OF CENSURE Trooper James D. Leeder New York State Police Troop T Tarrytown, New York Dear …
Thirty Three Years after Attica: Many more Blacks in prison, but not as guards by Peter Wagner by Peter Wagner and Rose Heyer In September 1971, thousands of prisoners at Attica prison in rural New York State rebelled, taking control of D-yard. Sixty-three percent of the prisoners were Black or …
Counsel Appointed to Brief Questions of PLRA Total Exhaustion and Sandin Confinement Conditions for Atypicality by The Second Circuit Court of Appeals ordered that counsel be appointed to New York prisoner Jose Ortiz to brief the court on whether the Prison Litigation Reform Act (PLRA) requires total exhaustion and whether …
New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer by New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer On September 30, 2003, a state court of claims in Albany, New York, awarded state prisoner Ronald Zacchi $800,000 for the pain and suffering he experienced as a result …
$1.5 Million Verdict in NYC Jail Medical Malpractice Death by A jury awarded $1.5 million on January 23, 2004 for the wrongful death of a 37 year-old mother of six who died on September 30, 1998 in a New York City (NYC) jail holding cell from improper medications given her. …
Warden Sentenced for Stealing Dali Painting From Rikers Island Jail by by Matthew T. Clarke A former Rikers Island deputy warden was sentenced to 1 to 3 years in prison after admitting that he, a former assistant deputy warden, and two former guards stole a rare Salvador Dali painting valued …
Qualified Immunity Test Hinges Upon SHU Sentence Imposed, Not SHU Time Served by The Second Circuit Court of Appeals held that the amount of time a prisoner is sentenced to a Special Housing Unit (SHU) rather than the amount actually served is the determining factor to make a qualified immunity …
Prisoner Allowed to Amend Retaliation, Legal Mail Complaint by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's § 1983 lawsuit which complained of prison officials who interfered with his legal mail and retaliated because he filed grievances. While Robert Davis was …
Challenge to State Parole Revocations Must Be Brought Under § 2254 by Challenge to State Parole Revocations Must be Brought Under § 2254 The Second Circuit Court of Appeals held that state prisoners challenging parole revocation decisions in federal court must do so under 28 U.S.C. § 2254, rather than …
Videotapes Prove Abuse of 9/11 Detainees by Federal Guards by by Matthew T. Clarke On December 18, 2003, Glenn A. Finer, Inspector General of the U.S. Justice Department, released a report which found that guards at the Metropolitan Detention Center (MDC) in Brooklyn, New York, physically and verbally abused detainees …
New York Prisoner Awarded $335,000 for Non-Treatment of Fistula by On November 20, 2002, a state court of claims in Rochester, New York, awarded the estate of Olevia Ousley-Winters $335,000 after determining that prison doctors failed to properly diagnose and treat Ousley-Winters' medical condition. (Ousley-Winters died prior to trial, apparently …
$135,000 Paid in New York Jail Sexual Harassment Settlement by A New York City Department of Corrections guard reached a settlement of $135,000 in her federal civil rights suit alleging sexual harassment. Guard Virginia Jones began a consensual sexual relationship with Captain Michael Baxter in March 1998. Jones contended that …
