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No Filing Fee Refund If Appeal Withdrawn by A prisoner who withdraws his appeal may not get a refund of partial fee payments or a cancellation of the obligation to continue paying.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 …
New Study Rejects Link Between Prisons and Economic Growth by A new study examining 25 years of economic data finds that despite the many claims and promises, building prisons in rural communities has had no positive effect on either employment or per capita income. The study by The Sentencing Project …
Nebraska Prisons Get Progressive Phone Contract by John E Dannenberg by Matthew T. Clarke In February, 2003, The Nebraska Department of Corrections (DOC) has contracted with AT&T to set up what may be the most progressive prisoner phone service in the United States. The five-year contract makes AT&T the sole …
CSC: More Misery and Misfortune by C.C. Simmons Page 1 of the August 2002 issue of Prison Legal News carried a story about Correctional Services Corporation (CSC), the scandal-ridden private prison outfit beset with self-inflicted troubles. Since that story appeared, CSC's troubles have multiplied. Consider the following: Ø In August …
New York Muslim Prison Chaplains Purged by by Matthew T. Clarke Imam Warith Deen Umar helped found the advocacy group National Association of Muslim Chaplains (NAMC) in 1976. Since then, the 58-year old cleric and NAMC have come to exercise near monopolistic influence over the selection of Muslim prison chaplains …
Tennessee Prisoner Awarded $242,500 in CCA Medical Neglect Suit by On December 3, 2002, a U.S. district court issued a $400,000 judgment against Corrections Corporation of America for violating the rights of Wesley Taylor, a prisoner at the South Central Correctional facility in Tennessee. After hearing Taylor's §1983 federal civil …
Nelson v. Department of Social Services, NY, Order, Photography Stipulation, 2003 09/04/03 tal 002 DPW 28-60 THU 17:17 FAX 212 450 5588 -' .., UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORR : ------ -----------------------~~~-------X ISAAC K. NELSON, Plaintiff, -againstD. S . S .; RAYMOND CUNNINGHAM OF EASTERN C.F.; …
$3.2 Million Awarded to New York Jail Prisoner in Work Accident by On October 18, 2002, a Queens county, New York, jury awarded Ronald York, a 21 year old prisoner at the New York City jail on Riker's Island, $3.2 million in damages as compensation for a work injury. Ronald …
Rikers Island Jail Chief Demoted by Rikers Island supervisor Anthony Serra has been demoted from his $140,000 per year position as New York City jail chief amid allegations he improperly assigned underlings to work on Republican Governor George Pataki's re-election campaign. Serra was suspended from duty on October 22, 2002 …
$35,000 Settlement in New York Jail Cell Door Injury by On November 25, 2002, the New York City Department of Corrections settled a prisoner's personal injury suit by agreeing to pay $35,000. Rasheed Bolden was a 24 year old prisoner in the Rikers Island Jail. On October 22, 1994, a …
No Termination of Special Parole Upon Deportation by No Termination of Special Parole Upon Deportation In a case of first impression, the Second Circuit Court of Appeals has held that a term of special parole does not terminate upon the parolee being deported to his home country. Antonio Cuero-Flores appealed …
PLRA Physical Injury Requirement Not Applicable to First Amendment Compensatory Damages by PLRA Physical Injury Requirement Not Applicable To First Amendment Compensatory Damages A federal district court in New York has held that the Prison Litigation Reform Act's (PLRA) prohibition against seeking damages for mental or emotional injury without a …
Exceptions Made To PLRA Exhaustion Requirement; Discovery Allowed by John E Dannenberg by John E. Dannenberg Two U.S. District Courts recently made exceptions to the Prison Litigation Reform Act's (PLRA) requirement to exhaust administrative remedies. The Central District of California court ruled that when a prisoner's administrative appeal had been …
Dismissal for Failure to Allege Physical Injury Improper by Dismissal for Failure to Allege Physical Injury Improper The Second Circuit Court of Appeals held that dismissal under42 U.S.C. § 1997e(e) for failure to allege physical injury was improper where a prisoner's complaint requests injunctive and/or declaratory relief and the pleadings …
U.S. Torture: A Sordid History Of Official And Systematic Abuse by G. Flint Taylor by G . Flint Taylor The brutal and sadistic torture by U.S. military prison guards, military intelligence officers, and CIA interrogators which is being revealed daily in the mainstream media has brought protestations from President Bush, …
U.S. Supreme Court: Guantanamo Detainees and "Enemy Combatants" Have Access to Habeas Corpus by John E Dannenberg U.S. Supreme Court: Guantanamo Detainees and "Enemy Combatants" Have Access To Habeas Corpus by John E. Dannenberg In three interrelated decisions, the U.S. Supreme Court ruled that "enemy combatant" detainees held at Guantanamo …
