Do New York Shiite Prisoners Have a Right to Separate Services? by by Matthew T. Clarke The Second Circuit Court of Appeals has held that a district court improperly dismissed a suit by Shiite Muslim New York state prisoners seeking separate religious services from the Sunni Muslims. Thomas Pugh, Edward …
PLRA Only Requires Exhaustion of Applicable Remedies by The U.S. Court of Appeals for the Second Circuit has reversed a federal district court dismissal of a prisoner's civil rights lawsuit for failure to exhaust available administrative remedies, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). …
NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund by NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund By Matthew T. Clarke On July 11, 2003, NYPD Deputy Po-lice Commissioner of Community Affairs Fredrick J. Patrick, 38, was arrested on federal charges that he looted close to …
Jailhouse Snitch Enlisted in War on Terrorism Behind Bars by Bob Williams Scott Lee Martin couldn't help himself. After a decade locked up in a half-dozen federal prisons where snitches, rats, informantsor whatever the regional prison slang calls those who tell on othersare detested, spat upon, beaten, even killed for …
Missed HIV Medication Did Not Create a Serious Medical Need by The U.S. Court of Appeals for the Second Circuit affirmed a district court's denial of a motion for new trial by an HIV+ prisoner who complained that there was insufficient evidence to support the jury's verdict against him. Willie …
Brooklyn MDC Guard Pleads Guilty to Raping Prisoner by by Matthew T. Clarke On October 17, 2002, Randy Denjen, a guard lieutenant at the Brooklyn, New York Metropolitan Detention Center (MDC) pleaded guilty to charges of causing a prisoner to engage in sexual contact by threatening and placing her in …
New York Prisoner Awarded $435,000 in Tire Accident by New York Prisoner Awarded $435,000 in Tire Accident On June 10, 2003, the Court of Claims in Rochester, New York, awarded $435,000 for pain and suffering to a New York prisoner who was injured when a forklift tire exploded in his …
Rodriguez v. Alves, NA, MoL in Opposition to Def Mot for SJ, Nutraloaf, 2004 PRELIMINARY STATEMENT Plaintiff, Wilfredo Rodriguez, by his attorney, PrisonersLegal Services of New York, (PLS) submit this memorandum of law, in opposition to defendants Alves, McGinnis and Morse motions for summary judgment pursuant to Rule 56(b) and …
Nassau County NY Settles Prisoner's Beating Death Suit for $7.75 Million by On March 31, 2003, Nassau County, New York agreed to settle a suit brought in the wake of the beating death of Thomas Pizzuto at the hands of guards at the Nassau County Correctional Center. The $7.75 million …
$124,000 Awarded in New York Prison Bus Crash by On November 7, 2002, at a bench trial, the New York Court of Claims, Rochester, awarded Evin Lashbrook $124,000. In November 1996, Lashbrook was driving a truck when he was struck from behind by a New York State Department of Correctional …
$25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit by Lonnie Burton $25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit by Lonnie Burton On February 13, 2003, a State Court of Claims judge in Albany, NY ruled that a former prisoner at the Washington Correctional …
Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E Dannenberg Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E. Dannenberg A U.S. district court in New York has held that when a state prisoner's doctor-ordered Rebetron Therapy for his Hepatitis-C (Hep-C) disease was denied …
Pool Cue Not a Weapon, Says Second Circuit by The U.S. Court of Appeals for the Second Circuit reversed a district court's dismissal of a federal prisoner's disciplinary appeal after finding that a pool cue, per se, was not a weapon. In August 1999 while enjoying a game of pool, …
Diet of Raw Cabbage and Food Loaf States Eighth Amendment Claim by The U.S. Court of Appeals for the Second Circuit reversed a district court's dismissal of a prisoner's claim that he suffered cruel and unusual punishment when he was placed in solitary confinement and fed a nutritionally inadequate diet. …
PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues by by John E. Dannenberg Prison Health Services (PHS), a subsidiary of America Service Group, Inc. (ASG), continues to face lawsuits and lose contracts for its deplorable record of prisoner health care gaffes in a dozen states. …
New York Prisoner States Claim Regarding Interference With Legal Mail by The U.S. Court of Appeals for the Second Circuit held that a prisoner stated a claim under which relief could be granted as to the interference with, and unauthorized opening of, his legal mail. Albert Washington, a New York …
Second Circuit Holds Confidential Informant's Reliability Alone Insufficient to Support Hearsay or Conclusionary Statements by David Reutter Second Circuit Holds Confidential Informant's Reliability Alone Insufficient to Support Hearsay or Conclusionary Statements By David M. Reutter The Second Circuit Court of Appeals has held that prison officials, in assessing the reliability …
Prison Health Services: A Spotty Record of Health Care For Children in City Detention by By PAUL von ZIELBAUER It was early February 2000, and Judge Paula J. Hepner said she could hardly believe what a doctor in the city's juvenile justice system had done to the girl standing before …
No Filing Fee Refund If Appeal Withdrawn by A prisoner who withdraws his appeal may not get a refund of partial fee payments or a cancellation of the obligation to continue paying. The statute makes no provision for such repayments, and ordinary fee-paying litigants have no opportunity for a refund. …
Ingles v. Toro, NY, Fourth Amended Complaint - NY DOC Excessive Force Class Action, 2003 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------------x ADAM INGLES, SHAWN DAVIS, ED SYKES, MIGUEL ROMAN, AL SMITH, CHARLES PAIGE, JAMAL BUTLER, ANDRE PRATT, ROBERT ALLAWAY, PATRICK WASHINGTON, RANDOLPH JOHNSON, ROGELIO FIGUEROA, PAUL …
