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Article • May 15, 2000 • from PLN May, 2000
522 Days in BOP Ad Seg States Due Process Claim by A federal district court in New York denied prison officials' motion for summary judgment, holding that defendants failed to establish as a matter of law that 28 C.F.R § 541.22 - the Bureau of Prisons (BOP) administrative segregation (ad …
Transsexual Prisoners Have Privacy Right by The U.S. court of appeals for the Second Circuit held that transsexual and HIV+ prisoners have a privacy right to confidentiality of their prison medical records and physical conditions. However, because this principle was not clearly established law, the defendants were entitled to qualified …
Guard Proclaiming Open Season On Prisoner Actionable by Ronald Young The court of appeals for the Second circuit held that a prisoner, who alleged a guard told the other prisoners that it was "open season" on the prisoner, stated a claim under § 1983 for violation of the prisoner's Eighth …
Article • May 15, 2000 • from PLN May, 2000
$880,000 In GA Medical Neglect Suit by On February 27, 1999, a Baldwin county superior court jury in Georgia awarded prisoner Stephanie Stitt $600,000 in damages in a medical neglect suit against Correctional Medical Systems (CMS). Stitt fell and injured her back while playing volleyball at the Baldwin State Prison. …
$150,000 Judgment Against Prison Officials Upheld by A federal district court in New York upheld a $150,000 jury verdict against prison officials, concluding that the award was not excessive. The court also held, in a separate ruling, that the Prison Litigation Reform Act, (PLRA), cap on attorney's fees does not …
Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation by Warrantless Police Search of Prisoners Cell Upheld; Damages Awarded For Retaliation The Second Circuit court of appeals has upheld the warrantless search of a prisoner's cell by guards acting for police detectives. $401 in damages was awarded for …
Article • May 15, 2000 • from PLN May, 2000
Court Modifies Education Plan for Rikers Island Youth by David Reutter by David M. Reutter In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported …
Article • May 15, 2000 • from PLN May, 2000
New York Prisoner's Assault Claim Headed for Trial by New York's Court of Appeals, its highest court, has held prisoner Francisco Sanchez's state tort lawsuit alleging negligent supervision against the state of New York raises an issue of whether an assault on Sanchez was foreseeable. The Court of Claims granted …
Article • May 15, 2000 • from PLN May, 2000
Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion by Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion When the United States District Court (SD NY) dismissed a prisoner's 42 U.S.C. § 1983 complaint for his failure to serve …
Circumstantial Evidence Sufficient to Defeat Summary Judgment by The Second Circuit Court of Appeals held circumstantial evidence in a retaliation claim is sufficient to defeat summary judgment in prison officials' favor. While confined at New York's Bare Hill Correctional Facility, prisoner Gregory Gayle filed a grievance stating he heard prison …
Article • May 15, 2000 • from PLN May, 2000
Chief Medical Officer Liable On Medical Policy Decisions by John E Dannenberg Chief Medical Officer Liable On Medical Policy Decisions by John E. Dannenberg The Second Circuit US Court of Ap-peals held that a prisoner's complaint regarding a painful chronic medical complication that developed at the site of a knife …
Article • May 15, 2000 • from PLN May, 2000
Exposure to Second-Hand Smoke States Eighth Amendment Claim by The U.S. Court of Appeals for the Sec-ond Circuit reversed and remanded a district court's dismissal of a New York prisoner's lawsuit which complained of second-hand tobacco smoke. Samuel Davis, a non-smoker, had been a prisoner at New York's Attica Correctional …
New York Federal District Court Rules Nassau County Strip Search Policy Unconstitutional by Ray E. Shain was arrested in Nassau County, New York, after police received a domestic disturbance call, and subsequently remanded by a Nassau County District Court Judge to the custody of the Nassau County Sheriff at the …
NY Prisoner Worker Awarded $90,000 in Accident by In 1995 William Terry was a prisoner at the Lyon Mountain Correctional Facility where he worked as a hay shredding machine operator on the prison dairy farm. While operating the shredding machine without safety shields, Terry's glove became caught in the machine …
No Qualified Immunity for Unsafe Working Conditions by A federal district court in New York held that a risk of future harm to a prisoner from dangerous chemicals at his prison job violates a clearly established right, from which prison officials are not immune. The court further held that the …
Article • April 15, 2000 • from PLN April, 2000
$3,000 Awarded in Wrongful Release Suit by On October 29, 1999, the New York court of claims awarded. $3,000 in damages to Frank Nicchio. Nicchio was a New York state prisoner who was wrongly held 30 days past his release date from prison. Nicchio was granted summary judgment on the …
Article • February 15, 2000 • from PLN February, 2000
Notice of Summary Judgment Requirements Mandatory by The U.S. court of appeals for the Second Circuit held that it is inappropriate to enter summary judgment against a pro se litigant if there is no indication that the litigant understands the requirements for summary judgment. In 1995, Stanley McPherson was a …
Article • February 15, 2000 • from PLN February, 2000
Filed under: PLRA, Filing Fees (PLRA)
28 U.S.C. § 1915A Applies to All Prisoner Suits by 28 U.S.C. § 1915A Applies to All Prisoner Suits The court of appeals for the Second circuit held that 28 U.S.C. § 1915A applies to all suits filed by prisoners. Section 1915A requires district courts to screen civil suits filed …
Article • February 15, 2000 • from PLN February, 2000
Prison Guard Golf Tourney Tees off Town by Officials of the upstate New York town of Canton will no longer play host to a golf tournament for prison guards after the last event turned into a "drunk fest." During the August 13, 1999 event, New York prison guards urinated in …
New York Parole Board Commissioner Convicted by Julia Lutsky Federal Inquiry Continues by Julia Lutsky In April of 1996 John Kim walked out of prison on parole; he had been sentenced four years earlier to four to twelve years for armed robbery. His father, Nam Soo Kim, pastor of one …
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