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Trial Required in Retaliation Claim by A federal district court in New York held prison officials were not entitled to qualified immunity in a prisoner's lawsuit claiming he was retaliated against for suing them and that a trial was required to resolve the claims. Nathan Brown, a New York state …
Second Circuit Approves Disciplinary Hearing Surcharge by The court of appeals for the second circuit held that the imposition of a mandatory surcharge against prisoners found guilty of certain rule violations did not violate due process, that the failure to provide a hardship waiver for indigents did not violate equal …
Article • December 15, 1997 • from PLN December, 1997
New York State Drug Sentencing Report by Julia Lutsky Angela Thompson, a 17-year-old with no prison record participated in a single sale of 2 oz and 33 grains of crack cocaine to an undercover officer for which she received a 15-year-to-life sentence. Cruel and Usual : "Disproportionate Sentences for New …
Uprisings in New York State Prisons by Julia Lutsky By Julia Lutsky Brutality by guards lay behind a major uprising at the Mohawk Correctional Facility in upstate New York in July 1997. Josea Benefield, a 22 year-old African-American prisoner in solitary confinement was reported to have hung himself with a …
AA Still Violates the Establishment Clause by A federal district court in New York reaffirmed its earlier decision holding that a condition of probation requiring an atheist to attend Alcoholics Anonymous meetings violates the establishment clause of the First Amendment. A nominal damage award of $1 was reinstated. This case …
The Abuse of U.S. Women Prisoners by Julia Lutsky It is really like this dirty little secret that everyone in corrections knows about and doesn't want to talk about. It is a huge problem." The words are those of Brenda Smith, senior counsel of the National Women's Law Center quoted …
Article • November 15, 1997 • from PLN November, 1997
Attica Justice -- Served 26 Years Later by The old Italian proverb postulates that "revenge is a dish best served cold." Justice is a dish also usually served cold, although those with a taste for justice rarely prefer it so. Maybe somebody should ask Frank Smith. Twenty-six years after Smith …
New York AA Program Violates Establishment Clause by The court of appeals of New York (the highest state court) held that the establishment clause of the U.S. constitution is violated when an atheist prisoner was deprived of family visits for refusing to participate in a religious oriented Alcohol and Substance …
Sexual Abuse by Guard Nets New York Jail Prisoner $750,000 by A federal district court in New York found sufficient evidence to support a finding that a guard sexually abused a county prisoner; that such acts violated due process; that the guard was not entitled to qualified immunity; that state …
Managed Care Infects Prison Health Services by by Adrian Lomax In September, 1996, Melody Bird complained to guards at Florida's Pinellas County Jail that she was experiencing severe chest pains and having trouble breathing. Nurses at the jail, finding no discernible blood pressure, concluded that Bird was suffering a heart …
Brief • September 24, 1997
Zolnowski v. Erie, NY, Stipulation, Conditions of Confinement, 1997 Zolnowski v. Co. of Erie V V H • • • • • H• • MED V JC-NY-009-002 -J.S, DISTRICT COURT ,4 M V . UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK SEP 24)99? VI BERNARD J. ZOLNOWSKI, JR., …
Brief • September 18, 1997
Settle v. Lopez, NY, Interrogatories, Failure to Protect, 1997
Disciplinary Segregation Can Create Liberty Interest by In two separate rulings, the court of appeals for the second circuit held that in Sandin v. Connor, 115 S.Ct. 2293 (1993) [PLN, Aug. 1995] the supreme court did not create a blanket rule that disciplinary segregation alone, without the loss of good …
Sandin Analyzed for New York Prisoners by A federal district court in New York held that a trial was required to determine if a prisoner's due process rights were violated at a disciplinary hearing. The significance of this case lies not so much with the court's ruling as with its …
Article • September 15, 1997 • from PLN September, 1997
Filed under: PLRA, Filing Fees (PLRA)
Second Circuit Affirms IFP Provisions by The court of appeals for the second circuit held that the filing fee provisions of the PLRA, which require that prisoners ultimately pay all filing fees in civil litigation, are constitutional. The court agreed with the fourth, sixth and eleventh circuits, which have already …
New York Jail Overcrowding Unconstitutional by A federal district court in New York held that overcrowding in the Erie County jail violated the eighth amendment rights of convicted prisoners and the fourteenth amendment rights of pretrial detainees housed in the jail. Bernard Zolnowski, a pretrial detainee, filed suit challenging jail …
Court Reduces Jury Award in Beating Suit by A federal district court in New York entered a jury verdict awarding compensatory and punitive damages to a prisoner beaten and tranquilized by guards, it then reduced the punitive damage award. Donovan Blissett, a New York state prisoner, filed suit claiming his …
No Immunity for Denial of Exercise by The court of appeals for the second circuit held that prison officials were not entitled to qualified immunity from money damages for denying a prisoner in medical segregation all opportunity for exercise. Bobby Williams is a New York state prisoner who refused to …
AA Probation Requirement Violates Establishment Clause by The court of appeals for the second circuit affirmed a lower court ruling that a probation condition requiring an atheist probationer to attend Alcoholics Anonymous (AA) meetings violated the establishment clause of the first amendment. In the July, 1995, issue of PLN we …
Punitive Segregation May Violate Due Process by A federal district court in New York held that New York state prisoners have a due process liberty interest in remaining free from punitive segregation. In a very brief ruling the court denied prison officials' Fed.R.Civ.P. 12(c) motion for a judgment on the …
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