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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 …
One-Year NY SHU Atypical and Significant Hardship by by Matthew T. Clarke A federal court in New York has held that one year in SHU is an atypical and significant hardship pursuant to Sandin v. Conner, 515 U.S. 472 (1995). The court also held that a prisoner must exhaust state …
Article • August 15, 2000 • from PLN August, 2000
$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, …
Liberty Interest In New York Work Release by Ronald Young By Ronald Young The court of appeals for the Second circuit held that a prisoner has a protected liberty interest in her continued participation in a work release program, and entitled to a hearing which states the reason for her …
Article • July 15, 2000 • from PLN July, 2000
$97,500 Awarded in NY Prison Work Accident by On July 19, 1999, a Binghamton county court in New York awarded $97,500 in damages to Fred Thomas for an eye injury he suffered. while imprisoned in a New York state prison in 1993. Thomas, then a 33-year-old prisoner at the Elmira …
Retaliation Claim Remanded for Hearing on Qualified Immunity by Ronald Young Retaliation Claim Remanded For Hearing On Qualified Immunity By Ronald Young The court of appeals for the Second circuit held that a district court's denial of summary judgement to prison guards on grounds of qualified immunity required remand to …
$820,000 Awarded to Informant and Wife for Assault by A federal district court in New York issued pre- and post-verdict opinions in a negligence action brought by a prisoner and his wife against jail officials. In the pre-verdict ruling, the court held that the plaintiffs were entitled to amend their …
Article • July 15, 2000 • from PLN July, 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 112,000 for past pain and suffering. In 1996, while imprisoned at the Oneida Correctional Facility, Thompson slipped and fell in a puddle of …
Brief • July 12, 2000
Benjamin v. Kerik, NY, Motion to Dismiss on Appeal, New York Jail Consent Decree, 2000
Prison Working Conditions Protected by Eighth Amendment by A federal district court in New York held that fact issues existed as to whether a prison official was deliberately indifferent to a prisoner's health, and whether she was aware of unsafe working conditions. Since both situations fall within the purview of …
Article • June 15, 2000 • from PLN June, 2000
New York Prisoner Wins $50,000 In Failure To Treat Mental Illness Suit by by Matthew T. Clarke A federal district court in New York has held that officials of the New York Department of Correctional Services (DOCS) subjected a prisoner to cruel and unusual punishment through their deficient treatment of …
Attica Uprising Verdict Reversed by The Second Circuit Court of Appeals added insult to brutal injury when it overturned two jury awards - totaling $4 million and $75,000 - stemming from the murder of 39 people and the torture of hundreds of prisoners immediately following the 1971 Attica riot. Holding …
Attica Suit Settled for $12 Million by On February 15, 2000, a federal judge approved a settlement in which New York State is to pay $8 million to the prisoners who were beaten and tortured after the 1971 Attica riot, closing one of the longest, ugliest chapters in criminal justice …
New York Jail Guards Charged with Raping Prisoners by New York Jail Guards Charged With Raping Prisoners On January 26, 2000, Westchester county, New York, jail guards Carlos Aldarondo, 33, Javier Corona, 31, Michael Downey, 39 and Robert Escalera, 39, were charged in Westchester county court with assorted felony charges …
Article • May 15, 2000 • from PLN May, 2000
Testing Testing: Sweat Patch Under Scrutiny by Lara A. Bazelon Sheryl Woodhall a California woman in her late 30s, first lost custody of her four children in 1995, when her youngest tested positive for methamphetamine at birth. The state's Child Protective Services intervened and sent her two older children to …
Article • May 15, 2000 • from PLN May, 2000
Wrongfully Convicted in California and New York Awarded Damages by Michael Rigby California On April 29, 2003, then California Governor Gray Davis signed legislation awarding two wrongfully convicted prisoners $100 per day for every day they were in prison. Ricky Daye, who spent 10 years in Folsom Prison, and Leonard …
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