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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 …
Article • July 15, 2004 • from PLN July, 2004
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 …
Article • June 15, 2004 • from PLN June, 2004
Filed under: Medical, OB/GYN, Hernias
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 …
Article • June 15, 2004 • from PLN June, 2004
$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 …
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). …
Article • May 15, 2004 • from PLN May, 2004
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 …
Article • May 15, 2004 • from PLN May, 2004
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 …
Article • April 15, 2004 • from PLN April, 2004
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 …
Brief • March 13, 2004
Filed under: Food
Rodriguez v. Alves, NA, MoL in Opposition to Def Mot for SJ, Nutraloaf, 2004 PRELIMINARY STATEMENT Plaintiff, Wilfredo Rodriguez, by his attorney, PrisonersLegal 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 …
Article • January 15, 2004 • from PLN January, 2004
$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 …
Article • January 15, 2004 • from PLN January, 2004
$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 …
Article • January 15, 2004 • from PLN January, 2004
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, …
Article • January 15, 2004 • from PLN January, 2004
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. …
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