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Article • February 15, 2000 • from PLN February, 2000
PLRA Administrative Remedy Exhaustion Requirement Not Retroactive by The Second Circuit has held that the Exhaustion of Administrative Remedies requirement of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a), does not apply to suits pending prior to the PLRA's enactment. Abdullah Y. Salahuddin, a New York state prisoner, …
Beaten Attica Prisoner Awarded $70,000 by After a two-week trial during July 1999, a jury ruled in favor of plaintiff Wayne Ford and awarded him $70,000 in a suit against Attica guards for using excessive force. Wayne, 32, who acted as his own attorney through much of the proceedings, said …
Article • November 15, 1999 • from PLN November, 1999
Second Circuit Discusses Heck and Edwards by No Bar to Prisoners Challenging Condition, not Duration, of Disciplinary Confinement The Second Circuit court of appeals has held that prisoners who have no recourse under the federal habeas corpus statute may file a federal civil rights suit challenging their conditions of confinement …
Trial Required in Jail Attack by A federal district court in New York held that a trial was required to resolve disputed issues of material fact where a jail guard was accused of assaulting a detainee. The court also held that the county could not be held liable for a …
Article • November 15, 1999 • from PLN November, 1999
New York City Arrestee Awarded $5.02 Million in Strip Search by On May 6, 1999, a federal jury in Manhattan awarded $19,600 in compensatory damages and $5 million in punitive damages to an arrestee who was strip searched in a New York City jail. In 1997 Debra Ciraolo, 43, an …
Article • November 15, 1999 • from PLN November, 1999
$7,000 Award to Prisoner Shoved by Guard while Praying by $7,000 Award to Prisoner Shoved by Guard While Praying A federal district court in New York has awarded $7,000 in damages to a muslim prisoner who, while he was praying, was shoved from behind by a guard. Generoso Arroyo Lopez, …
New York Retaliation Suit Nets $100,000 in Damages by On April 28, 1999 a federal jury awarded $25,000 in compensatory damages and $75,000 in punitive damages to New York prisoner Ronald Maurer. Three years earlier Maurer filed a pro se complaint claiming that he had been subjected to retaliation for …
Article • October 15, 1999 • from PLN October, 1999
Perp Walks Unconstitutional According to New York Federal Court by A federal district court in New York has ruled that "perp walks" staged by the police at the behest of the media are unconstitutional. John Lauro, Jr. was the doorman at a building In Manhattan. Matthew Eberhart was a building …
Concealment of Info Tolls Statute of Limitations by A federal district court in New York held that a prisoner could amend his complaint to add new defendants, and that the amendment relates back to the original complaint, overcoming an otherwise time-barred amendment. The court further held that official concealment of …
PLRA Attorney Fee Limits Not Retroactive in Second Circuit by The court of appeals for the Second Circuit held that the Prison Litigation Reform Act's (PLRA) attorney fee provisions do not apply to fee awards made after the law's enactment when representation began before the PLRA's enactment. Donovan Blissett, a …
Article • September 15, 1999 • from PLN September, 1999
Rikers Island Detainee Shot by In March, 1999, Rikers Island, New York City, jail prisoner Petros Bedi, 27, was shot in the chest with a .25 caliber pistol by another prisoner. Bedi was awaiting trial on murder charges. Jail guard Edward Quinn was suspended after the shooting for allowing Norman …
Article • September 15, 1999 • from PLN September, 1999
Wright Dismissed on Remand by In the July, 1998, issue of PLN we reported Wright v. Coughlin, 132 F.3d 133 (2nd Cir. 1998). The case involves a New York state prisoner who spent 288 days in segregation after being infracted for participating in a prison rebellion. A state court reversed …
Article • September 15, 1999 • from PLN September, 1999
Prisoner Suing Prison Physician for Deliberate Indifference by A federal district court in New York denied summuary judgment to a prison physician being sued for medical neglect. The court held that a genuine issue of material fact was in dispute in that the physician may have acted with deliberate indifference …
Article • September 15, 1999 • from PLN September, 1999
Tobacco Smoke Exposure Requires Trial by A federal district court in New York held that a prisoner's exposure to environmental tobacco smoke (ETS) may present a sufficient risk to his future health to implicate Eighth Amendment concerns, and factual disputes regarding the risk precludes summary judgment. The court further recognized …
Article • September 15, 1999 • from PLN September, 1999
Administrative Exhaustion Required in all Cases by A federal district court in New York held that a prisoner claiming guards beat him was required to exhaust his administrative remedies pursuant to 42 U.S.C. § 1997e. This case is especially useful because it summarizes all the conflicting rulings on this issue. …
Publication • August 30, 1999
New York State Police, Trooper Christian McCarthy Notice of Suspension, 1999 ~,5,.~-.- l ' :t I(\ ' NEW YORK STATE POLICE STATE CAMPUS A LBANY, NY 12226-000 1 -....l'>.'cl1.s1.o~ J AMES W . McMAHON SLIPERINTENOE.NT August 30, 1999 Trooper Christian McCarthy New York State Police Troop "K" Poughkeepsie, New York …
Article • August 15, 1999 • from PLN August, 1999
No Administrative Exhaustion Requirement for Ex-Prisoners by The court of appeals for the Second circuit held that former prisoners who sue over prison or jail conditions of confinement are not required to exhaust their administrative remedies before filing suit in federal court. James Greig, a New York state parolee, filed …
AA Probation Requirement Continues to Violate Establishment Clause by In a long running case, the court of appeals for the Second circuit held that requiring an atheist to attend Alcoholics Anonymous (AA) meetings as a probation condition, violates the establishment clause of the First amendment to the U.S. constitution. Robert …
Article • August 15, 1999 • from PLN August, 1999
Pro Se IFP Litigant Entitled to Amend Suit in Second Circuit by The court of appeals for the Second circuit held that district courts must grant leave to indigent pro se litigants to amend their complaints before the suit is dismissed. The suit in this case was filed by a …
Article • August 15, 1999 • from PLN August, 1999
PLRA Consent Decree Termination Provision Upheld by 2nd and 3rd Circuits by The courts of appeal for the Second and Third circuits have upheld the consent decree termination provisions of the Prison Litigation Reform Act (PLRA) against a wide array of constitutional challenges. In the July, 1998, issue of PLN …
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