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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 …
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 …
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