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Article • March 15, 2002 • from PLN March, 2002
New York Court Limits "Son of Sam" Law by New York Court Limits "Son of Sam" Law A New York appellate court affirmed a trial court ruling that, absent a state felony conviction and a complaint by the victim, the Crime Victims Board lacked authority to compel criminals to forfeit …
New York Expands "Son of Sam" Law Giving Crime Victims More "Clout" by Lonnie Burton New York Expands "Son of Sam" Law Giving Crime Victims More "Clout" by Lonnie Burton In June 2001, the State of New York amended its socalled "Son of Sam" law to allow crime victims to …
New York Failure to Protect Claim Set for Trial: Bilingual Counsel Appointed by A prison guard's motions for summary judgment and dismissal of a prisoner's 42 USC § 1983 action were denied after a federal district court found that further discovery was required and the prisoner's failure to follow orders …
$3.54 Million Paid For Falsely Imprisoning Unconvicted Mentally-Incapacitated California Man For Two Years In New York by John E Dannenberg A mentally incapacitated misdemeanant detainee at the Los Angeles County, California, jail was unlawfully extradited to New York, where he was imprisoned for two years in the Green Haven Correctional …
Article • February 15, 2002 • from PLN February, 2002
Second and Sixth Circuits Uphold Validity of PLRA's Taxation of Costs by Two recent appellate decisions from the Second and Sixth Federal Circuits have upheld the validity of the PLRA's taxation of costs against unsuccessful prisoner litigants, 28 U.S.C. §1915(f). The Second Circuit ruled that taxation of costs could be …
Brief • January 31, 2002
Filed under: Burning
Lewis v. Gagne, NY, Complaint, Division of Children and Family Services Abuse Burns, 2002 Case 1:02-cv-00129-DNH-RFT Document 1 Filed 01/31/02 Page 1 of 13 u.s. D\STR\CT COURT UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK N.D. OF N'~11 ~O,t() frt' f FILeD_ (Z.. J;t- t., 2 cc. …
Article • January 15, 2002 • from PLN January, 2002
No Refund or Cancellation of Filing Fees on Appeal by The Court of Appeals for the Second circuit held that prisoners who proceed in forma pauperis (IFP) on appeal, and later choose to dismiss their appeals before a ruling issues, are not entitled to a refund of the filing fees …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident which occurred on October …
Article • January 15, 2002 • from PLN January, 2002
BOP Smoking Suit Dismissed by A federal district court in New York has dismissed a civil complaint filed by 435 federal prisoners against tobacco manufacturers and prison officials. The complaint alleged that tobacco manufacturers and Federal Bureau of Prisons (BOP) director, Kathleen Hawk, conspired to sell as many cigarettes as …
Released NYC Prisoners Win Mental Health Benefits by Prisoners in New York City jails who received treatment for mental illness won class certification and a preliminary injunction requiring defendants to provide written discharge plans for prisoners who, during their confinement, received treatment for mental illness. Plaintiffs sought certification of the …
Publication • January 1, 2002
DHS Peace Officer Guide, NYPD Department of Homeless Services, 2002 • DHS PEACE OFFICER GUIDE Rules and Regulations Department of Homeless Services Police Operations OHS PEACE OFFICER GUIDE 'INDEX Date Issued 01-01-02 Date effective . OT-01-02 . ,. - .. .. Revision Number .... . Index Introduction Mission Statement & …
Use of Force, Religious Diet Claims Set for Trial by A New York prisoner's 42 U.S.C. § 1983 lawsuit on First and Eighth Amendment violations survived three out of four summary judgment challenges by prison officials and moved closer to trial. On September 5, 1996, Abdul Majid, a prisoner at …
Article • December 15, 2001 • from PLN December, 2001
New York DOCS Settles Welfare Suit; Bans Welfare for Work Release Prisoners by In the April 2001 issue of PLN we reported Friedl v. City of New York , 210 F.3d 79 (2nd Cir. 2000) in which Walter Friedl, a New York Department of Correctional Services (DOCS) prisoner on work …
Article • November 15, 2001 • from PLN November, 2001
Leg Amputation Caused by Improper Treatment Defeats Summary Judgment by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident that occurred on October …
Article • November 15, 2001 • from PLN November, 2001
Sandin Retroactive, But Not for Qualified Immunity; BOP Ad Seg Rule Creates Liberty Interest by The Court of Appeals for the Second Circuit held that a federal prisoner's due process rights were violated when he was placed in segregation without notice or a hearing and kept there for some 514 …
Summary Judgment Granted for Forced Religious Substance Abuse Program by A New York federal district court has awarded summary judgment to a prisoner who held agnostic beliefs and was forced to participate in a prison religious-based substance abuse program. New York prisoner Troy Alexander sued officials at Cayuga Correctional Facility …
New Trial Ordered in Excessive Use of Force Suit by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident that occurred on October …
Brief • November 14, 2001
Hallett v. NY DOC, NY, Second Amended Complaint, Work Release Access, 2001
Failure to Protect Confidential Informant Not Deliberate Indifference by The Court of Appeals for the Second Circuit held that the conduct of a county, when housing a prisoner with another prisoner against whom he had acted as a confidential informant, did not rise to the level of an Eighth Amendment …
Article • September 15, 2001 • from PLN September, 2001
New York Prisoners Prosecuted by Gary Hunter The prosecution of prisoners in Greene County New York is a high priority for District Attorney Terry Wilhelm. In the first nine months of his tenure, Wilhelm secured 23 indictments from the Greene and Coxsackie Correctional Facilities. His predecessor, Ed Cloke, prosecuted only …
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