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Article • June 15, 1997 • from PLN June, 1997
BOP Can't Set Restitution by The court of appeals for the second circuit held that federal district courts may not delegate to the Bureau of Prisons (BOP) the responsibility to devise a restitution payment schedule pursuant to the Inmate Financial Responsibility Program (IFRP), 28 C.F.R. § 545.10. Daniel Mortimer was …
Grievance Retaliation Unconstitutional by The court of appeals for the second circuit reaffirmed that prison officials violate the constitution when they retaliate against prisoners who file administrative grievances. The court discussed the standard of review in prison retaliation cases. Patrick Graham is a New York state prisoner. After prison grievance …
Denial of Eyeglasses Violates Eighth Amendment by The court of appeals for the second circuit held that a vision impaired prisoner who is denied medically prescribed eyeglasses states a claim for violation of the eighth amendment. The court also gave some interesting comments that this case should not be confused …
Prisoners Retain Right to Safety by The court of appeals for the second circuit held that a district court erred in dismissing a prisoner's failure to protect claim on the basis that the prisoner could not name his attackers beforehand. The court also held that district courts cannot resolve conflicting …
Denial of Medical Diet States Claim by A federal district court in New York held that a prisoner who was denied a high fiber diet after undergoing a colostomy had stated a claim requiring a trial to resolve. John Mandala is a New York state prisoner who had the misfortune …
Article • February 15, 1997 • from PLN January, 1997
NY Jail Consent Decrees Vacated under PLRA by A federal district court in New York upheld the constitutionality of the Prison Litigation Reform Act (PLRA) and terminated a series of consent decrees in seven cases that governed conditions at Rikers Island and several other New York City jails. Readers should …
Article • February 15, 1997 • from PLN January, 1997
Call Recipient's Rights Not Violated in Phone Taping by The court of appeals for the second circuit held that the rights of the free person accepting a collect call from a prisoner are not violated when the calls are taped and monitored by law enforcement officials. It also held prisoners …
Article • February 15, 1997 • from PLN January, 1997
PLRA Fees Don't Apply to Released Prisoners by The court of appeals for the second circuit held that the provisions of the Prison Litigation Reform Act (PLRA) requiring payment of filing fees do not apply if the prisoner is released after filing suit. Clarence McGann, a New York state prisoner, …
Article • February 15, 1997 • from PLN February, 1997
New York Work Release Creates Liberty Interest by A federal district court in New York held that state law creates a due process liberty interest which requires a hearing before prisoners can be removed from work release. The court also held that res judicata did not bar a § 1983 …
Second Circuit Rejects Prison FLSA Claim, Modifies Standard by [Editor's Note: The following article is the first of a three part series on prison slave labor. The other two articles will appear in the next two issues of PLN.] The court of appeals for the second circuit held that the …
New York Sex Offender Registration Enjoined by A federal district court in New York held that a state law allowing public notification of sex offenders released from prison violates the ex post facto rights of those offenders convicted before the law was passed. Since 1990 at least 46 states, starting …
ADA Ruling for Deaf New York Prisoners by The U.S. District Court for the Southern District of NY ruled in favor of hearing impaired New York prisoners litigating a number of constitutional and statutory issues relating to the imprisonment of hearing impaired prisoners. The court held that the defendants, New …
Article • December 15, 1996 • from PLN December, 1996
New York Voting Rights Case Vacated by In the January, 1996, issue of PLN we reported Baker v. Cuomo , 58 F.3d 814 (2nd Cir. 1995) where the second circuit court of appeals reversed and remanded a lower court ruling dismissing a lawsuit by New York state prisoners challenging the …
PI Granted on Winter Clothing Claim by Afederal district court in New York granted a preliminary injunction ordering prison officials to provide segregation unit prisoners with winter clothes in order for them to have access to outdoor exercise. Ronald Davidson, a New York state prisoner, filed suit challenging the inadequacy …
Article • December 15, 1996 • from PLN December, 1996
PLRA Not Applicable to Appeals Filed before Passage by The court of appeals for the second circuit held that the Prison Litigation Reform Act's (PLRA) fee provisions did not apply to appeals submitted prior to its passage. The court also held that summary judgment rulings must be properly supported by …
Article • November 15, 1996 • from PLN November, 1996
PLRA Filing Fees Don't Apply to Habeas Petitions by The court of appeals for the second circuit has held that the Prison Litigation Reform Act's (PLRA) imposition of filing fee payment obligations on civil actions filed by prisoners do not apply to habeas corpus petitions. While federal habeas corpus petitions …
Article • November 15, 1996 • from PLN November, 1996
PLRA Applied Retroactively to Filing Fees by The court of appeals for the second circuit held that the Prison Litigation Reform Act's (PLRA) provisions requiring payment of filing fees applies retroactively to civil appeals filed by indigent pro se prisoners before the PLRA's enactment. The case involves four unrelated prison …
Satanist Claim Goes to Trial by A federal district court in New York held that prison officials failed to show any legitimate penological interest in denying a Satanist the right to practice his faith in prison. Alfredo Ramirez is a New York state prisoner and a Satanist. He filed suit …
Article • November 15, 1996 • from PLN November, 1996
PLRA Application to Mandamus Discussed by The court of appeals for the second circuit held that the filing fee requirements of the Prison Litigation Reform Act (PLRA) apply to writs of mandamus filed in civil cases but not in criminal proceedings. Paul Nagy is a detainee undergoing criminal trial in …
Article • November 15, 1996 • from PLN November, 1996
Disciplinary Records Inadmissible Evidence by The court of appeals for the second circuit vacated a jury verdict in favor of prison guards holding that the prisoner plaintiff's prison disciplinary record should not have been admitted as evidence. Christopher Hynes, a New York state prisoner, filed suit claiming prison guards chained …
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