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Article • November 15, 1996 • from PLN November, 1996
2nd Circuit Applies PLRA to IFP Litigants by In the July, 1996, issue of PLN we reported the passage of the Prison Litigation Reform Act (PLRA) which significantly changed the manner in which indigent prisoner litigants filed civil suits and appeals. In the first circuit court ruling to extensively discuss …
Article • November 15, 1996 • from PLN November, 1996
Notes from the Unrepenitentiary by Laura Whitehorn I've been thinking a lot about Attica, as we pass the 25th anniversary of the rebellion and the massacre. Remembering how the courage of the men of D Yard transformed all our sorrow and anger at the assassination of George Jackson into energy, …
Article • October 15, 1996 • from PLN October, 1996
Court Responsible for Jury Demand by The court of appeals for the second circuit held that checking a box on a civil cover sheet constituted a timely demand for a jury trial. Tyrone Wright, a New York state prisoner, filed suit claiming he was beaten by prison guards. When Wright …
Article • October 15, 1996 • from PLN October, 1996
Attica: Looking Back 25 Years by Jaan Laaman [Editor's Note: Jaan Laaman, Ohio-7 political prisoner, served time at Attica in 1971 and is currently incarcerated at U.S.P. Leavenworth. Due to a shooting and prison lockdown, this 25-year anniversary article is being published a month late. The Attica uprising occurred in …
Cause of Action Accrues on Disciplinary Reversal by The court of appeals for the second circuit held that the statute of limitations for a § 1983 action does not begin to run until a prisoner has successfully challenged the disciplinary hearing in state court. Theodore Black is a New York …
Retaliation for Grievance Committee Participation Requires Trial by A federal district court in New York held that a prisoner who serves on a prison grievance committee cannot be retaliated against for assisting other prisoners in filing grievances. Jeffrey Alnutt, a New York state prisoner, filed suit claiming his first amendment …
Alleged Work Refusal Requires Trial by The court of appeals for the second circuit held that a district court erred when it disregarded a prisoner plaintiff's affidavit that he had not refused a work assignment. The court also declined to decide whether state prisoners have a federal liberty interest when …
Article • October 15, 1996 • from PLN October, 1996
Complaint Can't Be Dismissed if Partial Filing Fee Paid by The court of appeals for the second circuit held that district courts cannot require indigent litigants to pay a partial filing fee and then dismiss their complaints as frivolous under 28 U.S.C. § 1915(d). Jerry Hughes, a New York state …
Article • September 15, 1996 • from PLN September, 1996
$43,410 in Attorney Fees Awarded in PC Case by A federal district court in New York awarded $43,410 in attorney fees to prisoners who sued over conditions in protective custody (PC) units in the New York state prison system. The litigation involved a class action suit filed by PC prisoners …
Challenging Evil That Ills This Society by Ed Kinane The September 1995 New York State Prison Strike [The following is reprinted from Peace Newsletter, 3/96.] Musaa has served 13 years of a 20 year sentence in the NYS penal system. He has earned three degrees with an emphasis on political …
Segregation Enhancement May Violate Due Process by A federal district court in New York held that extending a prisoner's term in segregation without a hearing may violate his right to due process because it imposed an atypical hardship because this particular prisoner was almost seven feet tall and had difficulty …
New York Prisoners Entitled to Disciplinary Due Process by A federal district court in New York held that New York state prisoners retain a state created due process liberty interest to be free from disciplinary segregation. This is the one of the first post Sandin v. Conner, 115 S.Ct. 2300 …
New York Work Release Creates Liberty Interest by A federal district court in New York held that prisoners retain a due process liberty interest in remaining in work release. Quentin Hollingsworth, a New York state prisoner, was participating in a work release and home furlough program while nearing the end …
Article • July 15, 1996 • from PLN July, 1996
Gang War Assault States Claim by A federal district court in New York held that a prisoner who was attacked as part of a "war" between Hispanic and Jamaican prisoners stated an eighth amendment claim for prison officials' failure to protect him. Ted Knowles is a New York state prisoner …
Supervisor Liable in Retaliation Suit by A federal district court in New York held that supervisory prison officials can be found liable when they are aware of retaliation taken against prisoners but do nothing to stop it. The court dismissed claims challenging the New York DOCS practice of discontinuing free …
Article • June 15, 1996 • from PLN June, 1996
$5 Million Awarded in New York Prison Stabbing by In December, 1995, a jury in the New York state court of claims awarded former prisoner Anthony Barrett $5,180,645 in damages for pain and suffering, lost income and expenses. In 1987 Barrett was left paralyzed after being stabbed in the back …
Article • May 15, 1996 • from PLN May, 1996
Denial of Bed Linen States Claim by A federal district court in New York held that denying a prisoner blankets and bed linen while in segregation stated a claim for an eighth amendment violation. Keith Macguire, a New York state prisoner, filed suit claiming he was subjected to verbal abuse …
Brief • May 7, 1996
Martin v. Pataki, NY, Order, Green Haven Correctional Facility Photographs PO, 1996 09/04/03 THU 17:19 FAX 212 450 5588 DPW 28-60 141010 ···: .·· .:( GEORGE E. PATAKI, GOVERNOR NEW YORK STATE, PHILIP COOMBE, JR., ACTING COMMISSIONER OF NEW YORK STATES DEPARTMENT OF CORRECTIONAL SERVICE, RONALD F. NELSON, DEPUTY SUPERIN­ …
Administrative Reversal of Disciplinary Sanction Doesn't Bar Suit by Afederal district court in New York held that the administrative reversal of a disciplinary sanction does not bar a § 1983 suit for money damages if the prisoner had already been punished with all or part of the sanction prior to …
Genital Groping States Claim by A federal district court in New York held that a prisoner's allegations of sexual harassment state a claim for a violation of the eighth amendment. Julio Hunt, a New York state prisoner, filed suit claiming that he had his penis and testicles squeezed and rubbed …
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