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PLRA Applies to Juveniles; Claim Administratively Exhausted by A New York federal district court has held that the Prison Litigation Reform Act (PLRA) applies to juvenile prisoners, and the juvenile's actions to air his grievance informally satisfied the PLRA's administrative remedy exhaustion requirement. Corey Lewis, a delinquent resident of the …
Article • March 15, 2003 • from PLN October, 2004
Filed under: Medical, Hearing, Damages
$300,000 Awarded for Delayed Treatment of New York Prisoner's Hearing Loss by On October 31, 2003 a New York Court of Claims awarded Fishkill Correctional Facility prisoner Darryl Dickerson $300,000 for a partial hearing loss suffered because he was not provided timely medical treatment. Dickerson claimed he heard a popping …
Article • March 15, 2003 • from PLN October, 2004
New York Court Awards Prisoner $180,000 in Slip and Fall by On June 3, 2003, a court of claims in Rochester, New York, awarded prisoner Samuel K. Tambe $180,000 for injuries he sustained when he tripped over an elevated sidewalk slab at the Groveland Correctional Facility in Sonyea, New York. …
Preliminary Injunction Granted to Religious Objector of Tuberculosis Skin Test by David Reutter by David M. Ruetter A New York federal district court has granted a preliminary injunction to a prisoner who objected on religious grounds, to taking a Purified Protein Derivative Test(PPD) to detect tuberculosis (TB). In a previous …
Article • March 15, 2003 • from PLN March, 2003
New York Prisoner Awarded $411,000 in Failure to Protect Suit by The New York State Court of Claims in Rochester, NY has awarded a state prisoner $411,000 for injuries he received when another prisoner attacked him. Michael Schindler, a 34-year-old New York state prisoner, was playing "two-on-two" touch football at …
Article • March 15, 2003 • from PLN March, 2003
Filed under: Medical, HIV/AIDS
Disclosure of Transsexual, HIV+ Status States Eighth Amendment Claim by On the second appeal from a trial court's rejection of a prisoner's Eighth Amendment claims, the U.S. Court of Appeals for the Second Circuit ruled in favor of the prisoner, vacated the trial court's grant of summary judgment for defendants, …
New York County Liable for Jail Strip Searches by A U.S. district court in New York granted a former prisoner's motion to amend his complaint in a suit involving strip searches and blasted Orange County attorneys for making frivolous arguments against it. Jaime Murcia was mistakenly arrested on a Federal …
New York Jail Strip Search Policy Unconstitutional by by Matthew T. Clarke A panel of the Second Circuit court of appeals has upheld a New York federal district court's ruling that the blanket strip search policy of Nassau County, New York, which allows visual body cavity searches of all incoming …
$1 Million New York Jail Beating Settlement by On April 19, 2002, Nassau County, New York, agreed to pay $1 million to Gary Boylan who was seriously beaten by jail guards after being falsely charged with attempted to lure a six year old girl into his car. Boylan, 52, suffers …
Article • February 15, 2003 • from PLN February, 2003
Jury Awards $392,000 for Failure to Protect New York Jail Prisoner by A federal district court in New York has denied a guard's motion seeking judgment as a matter of law, or for a new trial after a jury awarded a prisoner $392,000 total damages for the guard's failure to …
Brutal Jail Conditions Warrant Reduced Federal Prison Sentence by A federal court judge granted a defendant's request for a reduced prison sentence based upon the abject conditions of pre-sentence confinement in a New York Jail. Elvin Francis came before a U. S. District Court where he pled guilty to illegal …
Article • December 15, 2002 • from PLN December, 2002
Summary Judgment Denied on New York Medical Isolation Conditions by A New York Federal District Court has denied summary judgment on claims that a prisoner's First Amendment right to free exercise of religion was violated by heightened restrictions in medical isolation and a denial of a vegetarian diet. As a …
Article • December 15, 2002 • from PLN December, 2002
Failure to Treat Ruptured Tendon; Qualified Immunity Denied by A federal district court in New York has denied prison officials' motion to dismiss a prisoner's complaint alleging denial of medical treatment of his ruptured Achilles tendon. While playing basketball on May 3, 1997 at Sing-Sing Correctional Facility, prisoner Saufuddin Abdul-Samad …
Article • December 15, 2002 • from PLN December, 2002
Filed under: Civil Procedure, Complaints
Complaint Needs Only Short, Plain Statement of Claim by Akos Swierkiewicz, a 53 year old Hungarian working for Sorema N.A., sued the company under Title VII of the Civil Rights Act and the Age Discrimination in Employment Act (ADEA). The District Court for the Southern District of New York dismissed, …
Article • December 15, 2002 • from PLN December, 2002
Prisoner Allowed Discovery in Mail Destruction Case by The Second Circuit court of appeals has reversed summary judgment in a case involving the destruction of legal materials in a package mailed to a prisoner to allow the prisoner discovery to determine the name of the person who received the package …
Brief • December 12, 2002
NY Committee on Open Government Advisory Letter re Retention of Prison Video under State Records Law, 2002 Welcome to the Committee on Open Government Services 1/23/2015 News Government State of New York Department of State Committee on Open Government O ne Com m erce Plaza 99 W ashington Ave. Albany, …
Article • November 15, 2002 • from PLN November, 2002
Prisoners, Politics, Money and the Census by Gary Hunter It's a standing joke that the Texas economy has been grounded in the 3 C's: cattle, crude, and convicts. But while Texas gets most of the publicity for its massive prison build-up, the human-warehousing trend is literally sweeping the countrysideand it …
Article • November 15, 2002 • from PLN November, 2002
New York's Revised "Son of Sam" Law Leads to $100 Million Verdict Against Cop Killer by Lonnie Burton New York's Revised "Son of Sam" Law Leads to $100 Million Verdict Against Cop Killer by Lonnie Burton The 2001 revisions to New York's so-called "Son of Sam" law, which now allows …
New York Prisoner's Denial of Exercise Claim Set for Trial by The United States District Court for the Southern District of New York has denied summary judgment in part to high-ranking officials of the New York Department of Correctional Services (DOGS) and to a prisoner plaintiff and has set for …
Article • November 15, 2002 • from PLN November, 2002
Plaintiff's Disability Impacts Venue by A federal district court in New York held that a plaintiff's physical disabilities were relevant in deciding which court should hear his case. Ambroz Nikac is a wheelchair bound paraplegic who was arrested on federal weapons and stolen property charges. He spent ten months in …
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