Skip navigation

Search

2762 results
Page 127 of 139. « Previous | 1 2 3 4 ... 123 124 125 126 127 128 129 130 131 ... 135 136 137 138 139 | Next »

Article • July 15, 1999 • from PLN July, 1999
Withholding Dental Care Violates Eighth Amendment by Ronald Young ANew York federal district court held that failure to treat a prisoner's abscessed wisdom tooth was a sufficiently serious medical condition to sustain an Eighth Amendment claim. The court also held that material issues of fact as to whether the prison's …
Article • July 15, 1999 • from PLN July, 1999
Exhaustion Required by A federal district court in New York held that a New York state prisoner was required to exhaust the prison grievance system before filing suit. The court held that exhaustion under 42 U.S.C. § 1997e(a) is required even if the grievance process is futile. The case involved …
Guard Guilty of Penis Stomping by Afederal district court in Buffalo categorically rejected a jail guard's post-trial motions in a criminal proceeding, in which he was found guilty of violating a prisoner's Eighth Amendment rights. John Walsh was a lieutenant at the Orleans County (NY) jail. He weighed 400 pounds …
Article • July 15, 1999 • from PLN July, 1999
$660,000 Awarded in Post-Sandin Segregation Suit by On February 26, 1999, a federal jury in Rochester, New York, awarded New York state prisoner David McClary $660,000 in damages after finding he was improperly held in administrative segregation for over four years. In the March, 1999, issue of PLN we reported …
Article • May 15, 1999 • from PLN May, 1999
New York Paroles for Sale by Julia Lutsky In January 1997 the parents of a young Korean prisoner walked into the Brooklyn offices of federal prosecutor Zachary Carter to report that a volunteer fund raiser for Republican Governor Pataki said he would use his influence to win parole for their …
Article • May 15, 1999 • from PLN May, 1999
180 Days in SHU Not "Atypical and Significant" by 180 Days in SHU Not "Atypical and Significant" A federal district court in New York held that 180 days in a Special Housing Unit (SHU) , along with loss of package, commissary and telephone privileges, does not give rise to a …
Article • April 15, 1999 • from PLN April, 1999
Cane Seizure Can Violate Eighth Amendment by Afederal district court in New York held that the seizure of a prisoner's medically prescribed cane by a guard can give rise to an Eighth Amendment violation. Because the guard's subjective intentions for seizing the cane were at issue, the court denied summary …
New York Prisoners Have Right to Staff Assistance and Witness Testimony by The court of appeals for the Second Circuit held that New York state prisoners have a right under the Due Process Clause to have disciplinary hearing officers provide staff assistance and to obtain requested documentary evidence and witness …
Article • April 15, 1999 • from PLN April, 1999
U.S. District Courts Have No Authority To Grant Or Deny Credit Toward Sentence by The court of appeals for the Second circuit held that district courts do not have the authority to order the Federal Bureau of Prisons (BOP) to either grant or deny credit or to disregard the BOP's …
Article • April 15, 1999 • from PLN April, 1999
$355,000 Verdict in New York Asthma Death by On November 23, 1998, New York court of claims judge Nicholas Midley Jr. awarded the family of Peter Farace $350,000 in damages for Farace's death and $50,000 in interest. Farace, 25, died of an asthma attack on February 9, 1986 at the …
Article • April 15, 1999 • from PLN April, 1999
New York Jail Brutality Suit Settled for $3,500 by On September 25, 1998, the City of New York settled a brutality suit for $3,500. Edward Massey, a prisoner at the Anna M. Kross Center In East Elmhurst, New York, was attacked by several jail guards after he protested the beating …
Retaliatory Beating of Prisoner Is Triable Fact Issue by Afederal district court in New York has held that a prisoner who alleged he was beaten by guards in retaliation for filing grievances against the guards presented a disputed material fact issue precluding summary judgment for the guards. Ramel Mahotep, a …
Article • March 15, 1999 • from PLN March, 1999
Lengthy Ad Seg Is Atypical and Significant Hardship by Lengthy Ad Seg is Atypical and Significant Hardship Afederal court in New York has held that uninterrupted confinement in administrative segregation (ad seg) for more than four years is an atypical and significant hardship, implying a liberty interest protected by the …
Judicial Sentence of Life in Solitary Upheld by The court of appeals for the Second circuit affirmed a court imposed sentence of life imprisonment in solitary confinement and prohibiting all communication with anyone except the defendant's attorney and close family members after the district court had approved them. The appeals …
Rikers Island Brutality Suit Settled by Jonathan Chasan By Jonathan Chasan New York City officials have acknowledged the need for far-reaching court-ordered reforms to curb systemic brutality and its cover up in the Rikers Island Central Punitive Segregation Unit ("CPSU" or "the bing"), known in the City jails as "the …
Parole Officer Recommendation Not Protected by Absolute Immunity by Parole Officer Recommendation Not Protected by Absolute Immunity The court of appeals for the second circuit held a parole officer who recommended that a warrant be issued for a parolee's arrest was not entitled to absolute imunity. John Scotto, a felony …
Article • February 15, 1999 • from PLN February, 1999
Book Review: Breaking the Walls of Silence by Laura Whitehorn Book review by Laura Whitehorn Breaking The Walls Of Silence: AIDS and Women in a New Youk State Maximum Security Prison was written by the members of the ACE Program (AIDS Counseling and Education) of Bedford Hills Women's Prison. It …
New York Prison Guard Nailed with DNA Evidence by Aformer New York state prison guard was sentenced in September, 1998, to three years imprisonment after admitting he forced a male prisoner to perform oral sex. Michael W. Roberts was a guard at the Adirondack Correctional Facility in upstate New York …
Threats to File Grievances Protected by Afederal district court in New York held that the existence of a genuine issue of material fact as to whether a prison guard had battered a prisoner in retaliation for the prisoner's threat to file a grievance on the guard, precluded summary judgment on …
Article • February 15, 1999 • from PLN February, 1999
Samuels v. Mockry Reversed Once Again by The court of appeals for the second circuit held that an issue of fact as to whether prison officials acted with a retaliatory animus when they placed a prisoner in the "Limited Privileges Program" (LPP), precluded summary judgment for the defendants. This is …
Page 127 of 139. « Previous | 1 2 3 4 ... 123 124 125 126 127 128 129 130 131 ... 135 136 137 138 139 | Next »