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New York Guards Watch as Prisoner Kills Cellmate by by Jennifer Gonnerman In the summer of 1999, New York's prison officials opened a sleek new penitentiary on the outskirts of Malone, a tiny town 15 miles south of the Canadian border. By then, New York already had 69 prisons, but …
BOP Medical Personnel Absolutely Immune from Suit by The Second Circuit Court of Appeals held that medical personnel employed by the Bureau of Prisons (BOP) are absolutely immune from suit. Prisoner John Andrew Cuoco, a preoperative male to female transsexual, filed an action against various officials at the BOP facility …
Preliminary Injunction Granted in TB Hold Case by A federal district court in New York granted a Rastafarian prisoner's motion for a preliminary injunction in an action challenging a prison policy compelling his placement into restrictive confinement for one year for refusal on religious grounds to submit to a tuberculosis …
New York AG Turns on Client by A Court of Claims judge denounced a highranking lawyer in the Attorney General's office after she threatened and attempted to intimidate a claimant's expert witness_who happened to be the former New York State Commissioner of Correctional Services. Former Commissioner Thomas A. Coughlin III …
Article • July 15, 2001 • from PLN July, 2001
Filed under: Furloughs, Medical, Dental Care
Detainee Entitled to Dental Care by Detainee Entitled To Dental Care A New York federal district Court ruled the Bureau of Prisons (BOP) must provide detainee Melvin Lloyd Richards immediate dental care or release him. Richards was remanded to custody after convicted by a jury on January 17, 2000. Thereafter, …
Article • July 15, 2001 • from PLN July, 2001
Filed under: Work, Workplace Injury, Damages
New York Prisoner Wins $7,200 in Negligence Suit by New York Prisoner Wins $7,200 In Negligence Suit On January 31, 2000, the Court of Claims in Binghamton, New York awarded $7,200 in damages to Kenneth Edmonds, who was injured in an accident while he was working on a prison work …
New York City Settles Black Panther Frame Up Suit for $890,000 by Roger Smith On December 5, 2000, New York City officials agreed to settle Dhoruba alMujahid bin Wahad's wrongful imprisonment suit for $490,000 in damages, costs, and attorney fees. Wahad, a former Black Panther leader, was convicted of attempted …
Federal Court Partially Terminates New York Jail Consent Decree Relief by by Matthew T. Clarke A federal district court in New York has terminated consent decree relief for New York City Jail prisoners with respect to restrictive housing due process, prisoner correspondence, and law libraries, while leaving intact the consent …
Article • June 15, 2001 • from PLN June, 2001
Filed under: Civil Procedure, Costs
Costs Allowed Only by Court Order by Costs Allowed Only By Court Order The Second Circuit Court of Appeals granted a pro se prisoner's Motion to Disallow Costs, holding that even under the Prison Litigation Reform Act, (PLRA), the assessment of costs remains within the discretion of the court and …
Article • June 15, 2001 • from PLN June, 2001
Second Circuit Holds Staged Perp Walks Unconstitutional, Grants Qualified Immunity by The court of appeals for the Second Circuit has held that staged "perp walks" are unconstitional violations of an arrestee's Fourth Amendment's rights. However, the Second Circuit also held that the law was not sufficiently established in September 1995 …
Brief • 2001
Fry v. Bouchard Transportation CO., NY, Motion in Limine, Evidence of Prior Convictions, Boating Accident, 2001 Stephen Jacobson ) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------X , 98 Civ. 2866 () Plaintiff, -against- Defendants. -----------------------------------------------------------X MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS’ MOTION IN LIMINE TO OVERRULE …
Brief • May 29, 2001
Brad H. v. City of New York, NY, Complaint, Mental Health Care, 2001 OS/29/2001 17:27 FAX 212 909 6836 DEBEVOISE & PLIMPTON I4i 002 SUPREME COURT OF THE STATE OF NEW YORK COUNlY OF NEW YORK, PART -----------------------------------------------------------------------_. x BRAD H.• ROBERT K, MICHAEL R.• CARL A, SUSAN T.. KEVINW. …
Washington DOC Hit with almost $50 Million in Verdicts and Settlements in Parole Victim Suits by A federal district court in New York has reinstated the malicious prosecution claim in Scott v. Coughlin and allowed trial to proceed on the issue of whether the denial of three requested witnesses at …
New York Strip Search Punitive Damage Award Vacated by The Court of Appeals for the Second Circuit reversed the award of $5 million in punitive damage award against the City of New York for an unlawful strip and body cavity search of a misdemeanant arrestee. The court held that punitive …
Article • May 15, 2001 • from PLN May, 2001
New York Strip Search Suit Settled for $50 Million by On January 9, 2001, it was announced that New York City would pay $50 million to settle a class action lawsuit involving the suspicionless strip searches of some 58,000 people arrested on minor charges. For ten months in 1996 and …
New York Jury Awards $900,000 for Jail's Failure to Protect by A federal jury awarded judgment of $900,000 against the County of Nassau and the Sheriff of Nassau for failing to protect prisoner Steven W. Arnold from being assaulted and severely beaten while detained in the Nassau County Jail. PLN …
Damages Awarded in New York Retaliation Suit by Damages Awarded In New York Retaliation Suit A Federal District Court in New York awarded a prisoner $4,221.40 for back wages and educational costs, but denied punitive damages in a successful retaliation suit. The court later denied the defendants' motion for reconsideration. …
Gay New York Guard Wins $1.5 Million Harassment Award by On July 18, 2000, a gay Nassau County, NY jail guard won $1.55 million in damages after a federal jury agreed that his supervisors failed to intervene when his coworkers repeatedly tormented and harassed him due to his sexual orientation. …
Article • May 15, 2001 • from PLN May, 2001
$74,000 Awarded to Slashed New York Prisoner by In July 2000, New York court of claims judge Ferris Lebous awarded $74,000 in damages to a prisoner slashed in an attack by another prisoner. On February 19, 1991, Billy Blake was in the segregation unit of the Shawangunk Correctional Facility. When …
Article • May 15, 2001 • from PLN May, 2001
Second Circuit Cautions District Courts To Use Proper Sandin Analysis by Acourt of appeals for the SecondDistrict has, once again, cautioned the district courts against using an improper analysis when analyzing conditions in Special Housing Units to determine whether a liberty interest is implicated under Sandin v. Canner, 515 U. …
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