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Article • August 15, 2005 • from PLN August, 2005
New York Senator Returned To Jail After Illegal Release by Michael Rigby By Michael Rigby Most people will accept that certain perks are available to a state’s top lawmakers. What is unacceptable, however, is that these perks often continue even after the public trust has been violated. The case of …
Article • June 15, 2005 • from PLN June, 2005
Filed under: Medical, Surgery
$1,000 Awarded After Surgeon Loses Broken Instrument in NY Prisoner's Mouth by On February 5, 2004, a New York Court of claims awarded a prisoner $1,000 for the negligence of an oral surgeon under contract with the New York Department of Correction (NYDOC). Sean Tapp was a prisoner at Attica …
Article • June 15, 2005 • from PLN June, 2005
NY Prisoner Awarded $160,000 for Lost Testicle by A New York Court of Claims has awarded a former Collins Correctional Facility prisoner $160,000 in a medical malpractice suit. On November 22, 1998, Robert Hicks experienced pain in the area of his left waist. He said he laid on his bed, …
CSC May Be Liable For Retention of Sexually Abusive Employee by by Matthew T.Clarke A federal district court in New York has held that Correctional Services Corporation (CSC) may be liable for retaining an employee at a CSC-run halfway house after his sexual abuse of female prisoners was reported to …
Article • June 15, 2005 • from PLN June, 2005
Court Discusses Deliberative Process Privilege by In two separate rulings, a southern district of New York federal district court has expounded upon the deliberative process privilege, which is a sub-species" of the work product doctrine. This action was filed by the Administration of the Estate of Ralph Joseph Tortorici, who …
PHS Responsible For Deaths Of New York Prisoners by by Michael Rigby Prison Health Services (PHS) has killed another patient. According to a highly critical 10-page report released by the New York State Commission of Correction on June 23, 2004, the 2001 death of Brian Tetrault, a prisoner in the …
Article • June 15, 2005 • from PLN June, 2005
$195,900 in Damages, Fees/Costs Awarded in Prison Sexual Abuse Case; PLRA Fee Caps Inapplicable to Former Prisoners by A federal court in New York awarded a former prisoner $179,900 in attorney's fees and costs, against the prison guard who sexually assaulted her. The court concluded that the fee cap provisions …
PHS Medical Care at Rikers Fails in Evaluation by Paul von Zielbauer PHS Medical Care At Rikers Fails In Evaluation by Paul Von Zielbauer A recent evaluation of the company in charge of prisoner health care at Rikers Island, coming months after it was awarded a new $300 million contract, …
New York Appeals Court Upholds Former Senator’s Return To Rikers by The Appellate Division of the New York Supreme Court, First Department, has ordered former state senator Guy J. Velella and four others (the petitioners) back to jail. In reaching this decision the court found that the petitioners had been …
Article • May 15, 2005 • from PLN May, 2005
New York City Settles False Imprisonment Suit For $1.25 Million by On September 23, 2004, New York City agreed to pay $1.25 million to a man who was falsely arrested and imprisoned for 15 months. Bernie Pollard, a 28-year-old construction worker, was arrested at his Brooklyn home on July 22, …
$12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Set by $12,003.74 in Fees/Costs Awarded in Excessive Force Use; PLRA Fee Cap Inapplicable to Stipulated Settlements A federal court in New York awarded attorneys' fees of $10,858 and costs of $1,144.95 for a total of …
New York Legislator Pays For CSC-Chauffeured Rides by A New York State Assemblyman has been sentenced to three years probation and ordered to pay $5,000 in fines and restitution for unlawfully billing the state for rides he got for free from Correctional Services Corporation (CSC). The sentence was imposed after …
Exhaustion of Administrative Remedy Requirement May be Excused by The Second Circuit Court of Appeals has held that the failure to exhaust administrative remedies may be excused in limited circumstances and should be excused in this case. This civil rights action arose from events that occurred while Ivan Rodriguez was …
Destruction of Exculpatory Disciplinary Evidence May Violate Due Process Clause by The U.S. Court of Appeals for the Second Circuit has affirmed the U.S. District Court for the Southern District of New York's order denying prison officials' motion for summary judgment on qualified immunity grounds in a prison discipline case. …
Article • March 15, 2005 • from PLN March, 2005
New York Jail Settles Strip-Search Suit For $2.7 Million by On March 10, 2004, the parties involved in a class action lawsuit over unlawful strip-searches performed during intake at the Rensselaer County (New York) Jail agreed to settle the case for $2.7 million. On various occasions between June 26, 1999 …
Article • March 15, 2005 • from PLN March, 2005
Filed under: Searches, Arrestee Searches
New York Jail's Strip Search Policy Permanently Enjoined by A federal court in New York held that the Orange County Correctional Facility's (OCCF) strip search policy violated the Fourth Amendment by authorizing strip searches without individualized reasonable suspicion that a detainee possessed contraband. The court found that the balance of …
Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence by Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence by Matthew T. Clarke A New York federal court has held that harsh pre-trial conditions of confinement justify a downward departure in the Federal Sentencing Guidelines. Jubelequis Mateo, a New York …
Article • February 15, 2005 • from PLN February, 2005
New York Prisoner Awarded $105,000 for Shoulder Injury by New York Prisoner Awarded $105,000 For Shoulder Injury On December 15, 2003, a court of claims in Syracuse, New York, awarded $105,000 plus interest to a state prisoner who suffered a torn rotator cuff as the result of a construction accident. …
Article • February 15, 2005 • from PLN February, 2005
Filed under: Organizing, Voting
New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act by John E Dannenberg New York's Felon Disenfranchisement Law Not Saved By Federal Voting Rights Act by John E. Dannenberg The Second Circuit U.S. Court of Appeals held that New York Election Law § 5-106, which disenfranchises [i.e., …
Report Lambastes New York Lockdowns by Michael Rigby by: Michael Rigby Emotional and physical distress...restricted diets... "greeting beatings" ...high rates of mental illness...a reliance on warehousing instead of treatment. This is the troubling reality of disciplinary confinement in New York, according to a 54-page report released on October 22, 2003, …
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