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Gender Motivated Violence Act by In the December, 1994, issue of PLN we reported the enactment of the Gender Motivated Violence Act (GMVA), 42 U.S.C. § 13981 and suggested that prisoners and their attorneys consider using it in civil litigation for money damages. To date it does not appear that …
Seg Conditions Analyzed for Sandin Purposes by Building on prior recent decisions, the court of appeals for the second circuit held that district courts must analyze segregation conditions when determining whether prisoner plaintiffs have a federal due process liberty interest in remaining free from such confinement. Thomas Wright, a New …
Article • July 15, 1998 • from PLN July, 1998
Criminal History Inadmissable for Impeachment by In a ruling useful to prisoner litigants whose claims go to trial, a federal district court in New York gave a detailed discussion on the limits of using prior criminal history to impeach the testimony of felon witnesses. While not involving prison or jail …
New York Prisoner Awarded $56,000 for Beating by U.S. Magistrate Judge Daniel Scanlon (Northern District, NY) ordered two guards at the Clinton Correctional Facility (CCF) in Dannemora, NY, to pay $56,000 in compensatory punitive damages to former CCF prisoner Nelson Cay to punish them for their "sadistic and savage beating" …
Vigilante Attack on Prisoner Requires Trial by The court of appeals for the second circuit held that issues of fact as to whether guards were personally involved in a vicious attack on a prisoner, precluded summary judgment for the guards. The court also held that a statement allegedly made by …
Law on Strip Searches of Prison Visitors Clearly Established by The court of appeals for the second circuit held that the reasonable suspicion standard for strip searches of prison visitors is clearly established. However, the court decided that the defendants were entitled to qualified immunity based upon the facts. This …
Fact Finding Required in Disciplinary Suits by In two separate rulings federal district courts in New York held that prisoners litigating disciplinary due process cases must be given an opportunity to develop a factual record to support their claims before the court rules on a motion to dismiss or for …
No Immunity for Hearing Officer's Failure to Examine CI Credibility by Afederal district court in New York held that prison officials violated a prisoner's due process rights by failing to independently examine the credibility of confidential informants. The court held these rights were well established, therefore the defendants were not …
Article • April 15, 1998 • from PLN April, 1998
Prolonged SHU Confinement May Implicate Liberty Interest But No Damages by A federal court in New York held that periods of confinement in a state Department of Correctional Services' special housing unit (SHU) for periods of 12 months or longer may implicate liberty interests requiring procedural due process protections. The …
Article • April 15, 1998 • from PLN April, 1998
$450,000 Award in Sexual Assault Case Not Excessive by The court of appeals for the second circuit held that a $250,000 compensatory damage award against a county jail security director for sexually abusing a prisoner was not excessive. However, the court held that the $500,000 punitive damage award was, reducing …
Community Notification Upheld by Three Circuits by In the December, 1997, PLN we reported Doe v. Gregoire , 960 F. Supp. 1478 (WD WASH. 1997), wherein a district court ruled that Washington's "community notification" statute violates the ex post facto clause insofar as releasing information to the public regarding sex …
Brief • March 23, 1998
Ortiz v. Pearson, NY, Complaint, Unprovoked Assault by Prison Officials, 1998 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - -x ORLANDO ORTIZ, Plaintiff, 97 Civ. 0885 (KMW) -againstSECOND AMENDED COMPLAINT LIEUTENANT C.A. PEARSON, CORRECTIONS …
Article • March 15, 1998 • from PLN March, 1998
Snitch Jacketing States 8th Amendment Claim by Afederal district court in New York held that a prison guard calling a prisoner a snitch with the intention of causing the prisoner harm by other prisoners states a claim for violation of the eighth amendment. Anthony Watson, a New York state prison, …
Ad Seg May Require Due Process by The court of appeals for the second circuit held that a district court wrongly concluded that administrative segregation (ad seg), in and of itself, does not violate due process. The court held prisoner plaintiffs must be given an opportunity to develop a factual …
Article • February 15, 1998 • from PLN February, 1998
New York Prisoner Settles Excessive Force Case for $25,000 by Michael Slater, a New York State prisoner, will receive $18,000 in settlement of an excessive force civil rights claim against two guards at Clinton Correctional Facility in Dannemora, New York. The settlement also provides for an additional $7,000 in attorney …
PLRA Attorney Fee Restrictions Not Retroactive by A federal district court in New York held that the restrictions imposed on recoverable attorney fees by the Prison Litigation Reform Act of 1996 (PLRA) do not apply retroactively and are not applicable to claims by attorneys retained prior to the PLRA's enactment …
Article • February 15, 1998 • from PLN February, 1998
PLRA Requires Winning Prisoner to Pay 25% of Defendants' Atty Fees by In the first published ruling on this issue, a federal district court in New York required a winning prisoner to pay 25% of the reduced attorney fees assessed against the losing prison official defendants. Kevin Clark is a …
Second Circuit Rules on Appointment of Counsel by The court of appeals for the second circuit held that a district court abused its discretion by denying a pro se prisoner's motion to appoint counsel under a local court rule that conditioned such appointment on the prisoner's claim surviving a motion …
Article • January 15, 1998 • from PLN January, 1998
New York Work Release Creates Liberty Interest by Afederal district court in New York held that prisoners have a liberty interest in that state's Temporary Release Program (TRP) which requires due process before they can be removed from it. Franklin Greaves was a TRP participant, as such he lived and …
Article • December 15, 1997 • from PLN December, 1997
Federal Jail in NYC a Mob Social Club? by Reputed Mafia mobsters reportedly turned Brooklyn's Federal Metropolitan Detention Center (M.D.C.) into a cozy social club -- with the help of corrupt guards. Detainees hosted visiting business associates and dined in high style with smuggled in meatballs, manicotti and chicken cutlets, …
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