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Tuberculosis TRO Issued by A federal district court in New York granted a prisoner's motion for a Temporary Restraining Order (TRO) holding that a prison's mandatory tuberculosis (TB) test violated his religious rights. Paul Jolly, a New York state prisoner, is a Muslim. In 1991 the New York DOCS implemented …
$55,540 in Attorney Fees for RFRA Suit by Schlomo Helbrans, an orthodox Jew, filed suit to prevent being shaven for a photo by prison officials upon his entry into the New York prison system. He contended that being shaven would violate his religious beliefs. He prevailed on his claim when …
$150,000 Jury Award in Beating Case Affirmed by The court of appeals for the second circuit held that a prisoner beaten and held in a strip cell was properly awarded $150,000 in compensatory and punitive damages by a jury. Donovan Blissett, a New York state prisoner, filed suit after Attica …
Muslims Granted TRO by Afederal court in New York granted a Temporary Restraining Order (TRO) to Sufi Muslim prisoners which prevented the New York DOCS from implementing a policy banning the display of black Dhikr beads and banning possession of beads colored anything but black. The New York anti bead …
Guard's Rectal Search States Claim by Afederal district court in New York has ruled that use of a chokehold on an unresisting prisoner in order for guards, rather than medical personnel, to perform a digital rectal search states a claim to be resolved at trial. Narcissus Dellamore, a New York …
Article • March 15, 1996 • from PLN March, 1996
Law on Retaliation Clearly Established in 2nd Circuit by The court of appeals for the second circuit ruled that in 1990 the law in that circuit forbidding retaliation against prisoners who file grievances was clearly established and prison officials were not entitled to qualified immunity from money damages. The court …
Article • March 15, 1996 • from PLN March, 1996
Clippings Suit Set for Trial by The court of appeals for the second circuit held that whether a New York DOCS policy prohibiting prisoners from receiving newspaper clippings furthered a penological interest was doubtful and needed to be resolved at trial. Jimmie Allen filed suit against various prison officials after …
Article • February 15, 1996 • from PLN February, 1996
BOP Multiple Cell May Violate Constitution by Afederal district court in New York has held that providing prisoners with 29 square feet of living space, per prisoner, in a multiple person cell may violate the constitution's ban on cruel and unusual punishment. Andrew Karacsonyi, a federal prisoner, filed suit because …
Article • February 15, 1996 • from PLN February, 1996
Unrest in NY Prisons by EO E [Editor's Note: New York state's Republican majority legislature passed laws that mandate double bunking of the NYDOC prison system. Most cells in NY state prisons are tiny, a mere 9' x 6'. There is a high incidence of both AIDS and the deadly …
No Immunity for AIDS RA Claim by Afederal district court in New York has held that a state agency, the DOCS, did not enjoy immunity from suit under 29 U.S.C. § 794, the Rehabilitation Act (RA). Edward Timmons, a New York state prisoner, was wrongly diagnosed as having AIDS in …
Fabricated Charges State Claim by The court of appeals for the second circuit has held that a prisoner alleging guards had planted contraband in his cell in retaliation for prior lawsuits had presented sufficient evidence to proceed to trial. The court also held that the federal § 1983 suit wasn't …
Brief • February 9, 1996
Allaway v. Martin, NY, Order on Plaintiff's Motion, Guard Assault, 1996 COUF1 N.D.OFNY ~·v. ""01 Hll; I FILED UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK FUl ~ 91996 ~~------------------------------ C~~RLESALLAWAY, Plaintiff, vs. Corrections Officers STEPHEN MARTIN, HOWAP~ PICKMAN, SCOTT DARRAH, JAY SISKAVICH, RONALD BOYSE, and D.DuBREY; Correctional Sergeants …
Article • January 15, 1996 • from PLN January, 1996
Voting Rights Case Reinstated by In the July, 1994, issue of PLN we reported Baker v. Cuomo, 842 F. Supp. 718 (SD NY 1993), where a district court in New York sua sponte dismissed a lawsuit filed by black and Hispanic prisoners under 42 U.S.C. § 1983 claiming that state …
Article • January 15, 1996 • from PLN January, 1996
Failure to Prosecute Dismissal Reversed by The court of appeals for the second circuit has held that a district court abused its discretion in dismissing a prisoner's civil rights suit on a basis of failure to prosecute where the prisoner plaintiff allegedly refused to attend jury selection in his case. …
Guard and Prisoner Get Damages in Beating Trial by A federal district court in New York entered a jury verdict in favor of a state prisoner who was beaten by prison guards, the court also ruled in favor of one of the guards who sued the prisoner out of events …
Withholding of Legal Papers Illegal by A federal district court in New York has held prison guards liable for withholding a prisoner's legal papers for more than two years. The court awarded the plaintiff one dollar in nominal damages and $500 in punitive damages to deter further conduct by prison …
Article • November 15, 1995 • from PLN November, 1995
Judge gets Insight on Jail Reform by Sol Wachtler was the former chief judge of New York state's highest court until he was convicted in 1993 of terrorizing, stalking and harassing his ex-lover, socialite Joy Silverman, after she broke off their affair. At one point Wachtler threatened to kidnap Silverman's …
Double Jeopardy in Prison Not Clear by In the Oct. `95 issue of PLN we re ported Massachusetts v. Forte, an unpublished state court ruling dismissing a criminal indictment because the prisoner had previously been subjected to disciplinary action by prison officials. As a result, the trial court dismissed the …
Qualified Immunity for Hearing Officers by The second circuit court of appeals has reaffirmed that prison disciplinary hearing officers are only entitled to qualified immunity, not absolute immunity from suit. As part of a pilot project the New York Department of Corrections in 1986 instituted the Inmate Hearing Officer program …
Retaliatory Discipline Violates Due Process by A federal district court in New York has held that retaliatory infractions violate due process and that housing an asthmatic prisoner on an upper tier may violate the eighth amendment. Prison officials and detectives are also liable when they interrogate prisoners concerning crimes and …
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