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Article • November 15, 2002 • from PLN November, 2002
Filed under: Civil Procedure, Costs
PLRA Attorney Fee Cap and Local Cost Recovery Rules Upheld in New York Hepatitis C Case by John E Dannenberg by John E. Dannenberg The U.S. District Court (S.D. N.Y.) upheld the Constitutionality of the Prison Litigation Reform Act's (PLRA) attorney fee cap limitations and applied local rules to cost …
Publication • November 12, 2002
Letter re Prison Video, NY Committee on Open Government, 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, New York 12231 (518) 474-2518 Fax (518) …
Article • October 15, 2002 • from PLN October, 2002
Filed under: Guard Misconduct, Juveniles
Guards at New York Juvenile Center Charged with Extortion by Two guards at the Nassau County Juvenile Detention Center in New York were arrested and charged with seconddegree grand larceny. The guards, Bobby Stewart and Sean Bourne, are accused of extorting "protection money" from the parents of boys at Nassau. …
Article • October 15, 2002 • from PLN October, 2002
New York Guards Sentenced in Animal and Prisoner Killings by Lonnie Burton A New York prison guard was given a one-year sentence for crushing five kittens to death. In another New York case, a county jail guard received a three month sentence after being convicted of kicking a mentally ill …
Texas Sex Slave Sues Prison System for Failure to Protect by For more than a year, Roderick Johnson was regularly and brutally raped and sexually abused while confined in a Texas state prison. In April 2002, Johnson filed a lawsuit under 42 U.S.C. §1983 where he complained that prison officials …
Then They Came for the Lawyers: The Persecution of Lynne Stewart by On April 9, 2002, in a chilling first application of the USA-Patriot Act (pushed into law after 9-11), the U.S. government indicted attorney Lynne Stewart along with three Arab men, Mohammed Yousry, Ahmed Abdel Sattar, and Yassir Al-Sirri. …
Ill Treatment on Our Shores by Anne-Marie Cusac ( On October 24, 2001, Muhammed Butt died of a heart attack at the Hudson County Correctional Center in Kearny, New Jersey. Butt, a Pakistani national, was detained on September 19 by the FBI as a suspect connected with the September 11 …
Court Issues TRO Protecting Constitutional Right to Family Relationships by David Reutter by David M. Reutter A federal district court in New York has issued a Temporary Restraining Order (TRO) barring enforcement of a condition of probation prohibiting a female probationer from having contact with her child's father, DaShawn Johnson. …
Article • July 15, 2002 • from PLN July, 2002
Schenectady's Jail Strip Search Policy Unconstitutional by by Matthew T. Clarke A federal court in New York has held that the strip search policy of the City of Schenectady, New York, (the city) violates the Fourth Amendment prohibition against unreasonable searches. Elizabeth Gonzalez and Michael Fyvie, citizens who were allegedly …
Article • July 15, 2002 • from PLN July, 2002
PLRA Filing Fee Due for Each Separate Appeal by by John E. Dannenberg The Second Circuit US Court of Appeals held that a prisoner filing multiple appeals in the same 42 U.S.C. §1983 civil rights action must pay the full filing fee for each separate appeal. Elvin Lebron, a prisoner …
Article • June 15, 2002 • from PLN June, 2002
$1,500 Awarded in New York Slapping Case by A New York federal district court has held that minor injury incurred from excessive force by a prison guard is actionable, and awarded damages after a bench trial. The court found it was undisputed that while prisoner Larenzo Romaine was housed at …
Placement of Homeless Persons with Severe Mental Illness in Supportive Housing, University of Pennsylvania, 2002 Culhane.qxd 5/28/02 10:26 AM Page 107 · Housing Policy Debate Volume 13, Issue 1 © Fannie Mae Foundation 2002. All Rights Reserved. 107 107 Public Service Reductions Associated with Placement of Homeless Persons with Severe …
Cold, Vermin and Sewage in New York Prison May Violate Eighth Amendment by John E Dannenberg by John E. Dannenberg A New York state prisoner who had been subjected to inhumane and unsanitary living conditions was found by the Second Circuit US Court of Appeals to have stated a claim …
Article • May 15, 2002 • from PLN May, 2002
New York Assault and Medical Case Settled for $5,000 by On August 28, 2001, New York state prison officials agreed to pay $5,000.00 to settle a prisoner's lawsuit that he was beaten by prison guards and then denied medical care. In 1993, prisoner Easton Beckford, who is also wheelchair bound, …
Brief • May 2, 2002
Benjamin v. Fraser, NY, Delone Declaration Carr Habeas Corpus, 2002 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------: JAMES BENJAMIN, et al., : Plaintiffs, : against: WILLIAM J. FRASER, et al., : Defendants, : and related cases. -------------------------------------------------------: DECLARATION IN SUPPORT OF WRIT OF HABEAS CORPUS AD TESTIFICANDUM …
Prison Guards Face Resentencing Dilemma in Beating Death of New York Jail Prisoner by Prison Guards Face Resentencing Dilemma In Beating Death Of New York Jail Prisoner by John E. Dannenberg The U.S. Court of Appeals for the Second Circuit vacated the federal criminal civil rights sentences of the Nassau …
$237,500 New York Administrative Segregation Verdict Upheld by A New York state prisoner won damages in a jury trial in the United States District Court for the Western District of New York against employees of the New York State Department of Correctional Services (DOCS) for due process violations in confining …
Article • April 15, 2002 • from PLN April, 2002
Filed under: Private Prisons
U.S. Supreme Court Holds Private Prison Corporations Immune from Bivens Suit by John E Dannenberg by John E. Dannenberg In a 5-4 decision, the U.S. Supreme Court narrowly construed Bivens actions suing private federal prison contractors to be available only against their individual prison employees, and not the parent corporations. …
BOP Disciplinary Habeas Requires Exhaustion by The Second Circuit Court of Appeals has ruled that a federal prisoner who files a habeas corpus petition under 28 U.S.C. § 2241 must first exhaust all available administrative remedies, and further held that a prisoner procedurally defaulting on those remedies may be excused …
Article • April 15, 2002 • from PLN April, 2002
Consecutive Ad Seg Placements From Same Cause Are Aggregated for "Atypical Hardship" Analysis by John E Dannenberg Consecutive Ad Seg Placements From Same Cause Are Aggregated For "Atypical Hardship" Analysis The Second Circuit U.S. Court of Appeals held that where a prisoner suffered 670 days of administrative segregation (Ad Seg) …
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