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Brief • May 14, 2001
Banks v. Yokemick, NY, Jury Instructions, Wrongful Death Police Excessive Force, 2001 15E9BANF 1 . -." ( 2 3 4 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------x MAYBELL E. BANKS, as Administratrix of the Estate of her son KENNETH BANKS, and on her own behalf, 5 Plaintiff, …
Justice Department Report Slams Nassau County Jail by After a 14 month investigation, the U.S. Justice Department released a report September 11, 2000, that is harshly critical of the Nassau County Correctional Center (NCCC) located on Long Island, New York. The 23 page report found that NCCC prisoners have long …
Welfare Retaliation Suit Reinstated by Walter Friedl, a New York state prisoner, filed a §1983 action complaining that New York City and State officials had improperly revoked his work release program and reincarcerated him because he applied for welfare benefits. The City of New York settled for $20,000 while the …
Article • April 15, 2001 • from PLN April, 2001
Second Circuit Discusses Qualified Immunity in Disciplinary Case by Second Circuit Discusses Qualified Immunity In Disciplinary Case The Second Circuit has with drawn its previous decision in Horne v. Coughlin, 155 F.3d 26 (2nd Cir. 1998), substituting an opinion that does not determine whether a mentally retarded prisoner has a …
Attica Compensation Served Up 29-Years-Cold by Two weeks short of 29 years after the Attica massacre, a federal judge divided an $8 million settlement to compensate more than 500 Attica prisoners and surviving relatives for the abuse suffered when prison guards and state troopers retook the prison after a 5 …
FTCA, Bivens Claims in Beating Suit Proceed in Bifurcated Trial by Orlando Ortiz, a pretrial detainee, brought action for use of excessive force during a pat search under the Federal Tort Claims Act, 28 U.S.C. §26722680 (FTCA), and Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, …
Article • March 15, 2001 • from PLN March, 2001
U.S. Isolates Political Prisoners by Ronald Young Two recent federal appeals court decisions highlight some of the repressive measures used by U.S. authorities to isolate and silence political dissenters. Though the methods used by the two political prisoners involved in these cases may be distasteful to some people, Americans must …
Article • March 15, 2001 • from PLN March, 2001
Filed under: Sentencing, Parole
The Continuing Saga of Corruption in the New York State Parole System by In 1992 a young Korean man, John Kim, was sentenced to four to twelve years for armed robbery. Four years later he walked out paroled, after his father, pastor of a prominent Korean congregation in New York …
Article • March 15, 2001 • from PLN March, 2001
Ad Seg States Claim, But Loses on Merits by The court of appeals for the Second circuit held that a district court did not err in vacating a jury's finding that a New York prisoner's 101-day placement in segregation violated due process. In doing so, the court held that New …
Article • March 15, 2001 • from PLN March, 2001
SHU Should Be Compared to Conditions Experienced by All Prisoners by SHU Should Be Compared To Conditions Experienced By All Prisoners The Second Circuit has held that, to determine whether a ninetyday stay in a Special Housing Unit (SHU) is atypical and significant, it should be compared with the typical …
New York Prayer Rule Struck Down by by Matthew T. Clarke The Second Circuit court of ap- peals has held that Rule 105.11 of the New York State Department of Corrections Services (DOCS) Standards of Inmate Behavior (the Rules) violates the Due Process Clause of the Fifth Amendment when used …
$4,500 Verdict in NY Hernia Suit by On November 16, 1999, the New York court of claims awarded New York state prisoner Justo Lopez $4,500 for a hernia he developed while assigned to do work beyond his physical capacity. Prior to his incarceration Lopez had been shot several times, as …
Article • February 15, 2001 • from PLN February, 2001
$8,000 Awarded in NY Chair Collapse by On November 24, 1999, the New York court of claims awarded $8,000 in damages to New York prisoner Troy Benjamin. In 1995 while Benjamin was a prisoner at the Collins Correctional Facility, the back of the chair he was sitting in fell off, …
Article • February 15, 2001 • from PLN February, 2001
$7,500 Award in NY Window Injury by On November 8, 1999, the New York court of claims awarded $15,000 in damages to a New York state prisoner who cut his arm while opening a malfunctioning window. In 1990, Neil Henry, a prisoner at the Fishkill Correctional Facility in New York, …
Article • February 15, 2001 • from PLN February, 2001
$30,000 Awarded to NY Prisoner Slashed in Attack by On September 15, 1999, the New York court of claims awarded $30,000 in damages to New York state prisoner Mario Vasquez. In 1995, Vasquez was slashed in a stairwell at Collins Correctional Facility by two knife-wielding prisoners. The day before the …
Failure to Exhaust Requires Hearing Before Dismissal by The court of appeals for the Second Circuit held that a prisoner's failure to exhaust administrative remedies was not grounds for dismissal for failure to state a claim. The court also held that pro se prisoner litigants must be given an opportunity …
$115,000 Settlement Where Guards Fed NY Prisoner Ground Glass by In September 1999, New York prison officials settled a lawsuit by prisoner Teno Gee for $115,000 in damages. Gee was the chairman of the Inmate Liaison Committee at the Great Meadow Correctional Facility in Comstock. In that capacity Gee had …
Article • February 15, 2001 • from PLN February, 2001
Filed under: Medical, Diabetes, Damages
$160,000 Verdict in NY Diabetic Cyst Suit by On January 11, 2000, the New York court of claims awarded $160,000 to diabetic New York state prisoner Daniel Brill. In 1996 while at the Mid-State Correctional Facility Brill sought treatment for an infected cyst. Brill was eventually hospitalized and treated with …
Article • February 15, 2001 • from PLN February, 2001
$5,500 Awarded in NY Unlawful Imprisonment Suit by On May 4, 2000, the New York court of Claims awarded Allen Israel $5,600 in damages after New York parole officials wrongfully violated his parole. Israel had a maximum parole expiration date of April 12, 1996. His parole was later revoked due …
Article • February 15, 2001 • from PLN February, 2001
$158,500 Awarded in NY Slip and Fall by On September 22, 1999 the New York court of claims awarded former New York state prisoner Lourdes Fischer $158,500 in damages for injuries she suffered when she fell from a ramp at the Albion Correctional Facility and landed face first on a …
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