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NY DOCS Guard Nets $300,000 for ADA Retaliation by The U.S. court of appeals for the Second Circuit held that the absence of a finding of disability in a guard's Americans with Disabilities Act (ADA) claim did not preclude a finding that the guard's employer retaliated against him for bringing …
Article • January 15, 2001 • from PLN January, 2001
High Standard of Proof for Retaliation Claims by On remand, a federal district court in New York held that a state prisoner failed to establish "actual injury" in his access to court claims, nor did he show that prison officials acted with a retaliatory animus. Once again, summary judgment was …
No Immunity for Ignoring Prisoner Work Restrictions by Ronald Young No Immunity For Ignoring Prisoner Work Restrictions by Ronald Young A federal district court for the Eastern district of New York held that a prisoner's allegations that he was required to perform sanitation duties despite a doctor's orders to the …
Article • January 15, 2001 • from PLN January, 2001
NY Prisoners Have Liberty Interest in Work Release by Ronald Young NY Prisoners Have Liberty Interest In Work Release by Ronald Young A federal district court for the Eastern District of New York held that the failure of the state to provide a prisoner with 24 hour's notice of a …
Article • January 15, 2001 • from PLN January, 2001
Right to Associate Still Viable by The U.S. court of appeals for the Second Circuit held that genuine issues of fact, as to the reasonableness of an official denial of a prisoner's request to form a legal defense center, precluded summary judgment for prison officials. The court, however, further held …
Guard Reinstated After Nazi Flag Flap by Ronald Young New York state prison guard Edward Kuhnel was suspended from his job on December 12, 1996, two days after a picture of a Nazi flag flying outside his home appeared in a local newspaper. Pursuant to the grievance procedure outlined in …
Article • January 15, 2001 • from PLN January, 2001
Hepatitis C, A 'Silent Epidemic' Strikes U.S. Prisons by Silja JA Talvi It's been called the nation's most insidious virus. A "silent epidemic" that has swept the nation, hepatitis C is now the most common, chronic, bloodborne infection in the U.S. Because the virus often causes no noticeable symptoms for …
Sexual Assault, Beatings State Claim by The court of appeals for the Second circuit held that a district court erred when it, sua sponte, dismissed a prisoner's claim that he was beaten and sexually assaulted by guards. The court also held that the lower court erred when it dismissed the …
New York Prisoners Have Ad-Seg Liberty Interest by A Federal district court in New York held that prisoners have a protected liberty interest in remaining free from administrative segregation. On February 11, 1987 New York state prisoner, Santiago Ramirez, was served a Tier Three Disciplinary case for possession of a …
Article • November 15, 2000 • from PLN November, 2000
$12,000 Awarded in NY Slip and Fall by On July 15, 1999, the New York court of claims awarded pro se New York state prisoner Hamilton Thompson $12,000 for past pain and suffering. In 1996, while imprisoned at the Oneida Correctional Facility, Thompson slipped and fell in a puddle of …
NY School-Age Prisoners Entitled to Educational Services by New York City school-age prisoners were granted declaratory judgment establishing defendants' liability for failure to provide adequate general and special educational services to class members at the Rikers Island facility. Plaintiffs in this class action § 1983 suit are 16- to 21-year-old …
Detainee's Excessive Force Claim Requires Trial by The Federal District Court for the Southern District of New York denies dispositive motion to dismiss excessive force and religious discrimination retaliation claims brought against Putnam County Jail Sheriff and two guards by pretrial detainee Kareem Ali. Ali alleged that while he was …
Nassau Jail Guards Convicted, Sentenced for Fatal Beating by Two Nassau County (NY) jail guards who fatally beat an unarmed jail detainee were sentenced May 26, 1999, to 11 years in federal prison, and a jail supervisor who tried to cover up for them received nearly 6 years. In the …
Article • October 15, 2000 • from PLN October, 2000
No Immunity in Denying Kosher Diet by The court of appeals for the Second Circuit held that fact issues requiring a trial were present in a Jewish prisoner's lawsuit over the denial of a kosher diet. The court also held prison officials were not entitled to qualified immunity from money …
No Administrative Exhaustion Required When AG Won't Give Hearing by Paul Wright By Paul Wright A federal district court in New York held that a medical indifference claim required administrative exhaustion under the Prison Litigation Reform Act (PLRA) even though money damages were not available as a remedy in the …
Article • September 15, 2000 • from PLN September, 2000
Penis Stomping Guard Loses Appeal by In the July '99 issue of PLN we reported the conviction of former Orleans County Jail (Albion, NY) Lieutenant John Walsh on three counts of violating the civil rights of jail detainee Norvin Fowlks. Walsh was alleged to have tormented and abused Fowlks, who …
Article • September 15, 2000 • from PLN September, 2000
No Qualified Immunity from ETS Exposure by The U.S. court of appeals for the Second Circuit held that it was clearly established after Helling v. McKinney, 509 U.S. 25 (1993), that prison officials could not be deliberately indifferent to exposure of prisoners to levels of environmental tobacco smoke (ETS) that …
Article • August 15, 2000 • from PLN August, 2000
$14,950 Awarded in NY Window Frame Suit by On September 17, 1999, the New York court of claims awarded the estate of Carmine Tarantino $14,950 for injuries Tarantino suffered at the Attica Correctional Facility when a window frame came loose and struck him on the head. Tarantino died of unrelated …
Article • August 15, 2000 • from PLN August, 2000
$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, …
$12,000 Awarded in NY Work Injury Suit by On June 28, 1999, the New York court of claims awarded Leon Bienkowski $12,000 for past general damages for injuries he suffered on a prison work detail. Bienkowski was a prisoner at the Elmira Correctional Facility in New York in 1996 when …
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