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Retaliatory Infraction Illegal by The court of appeals for the second circuit reaffirmed that infractions in retaliation for prisoners' exercise of constitutionally protected rights are unlawful. The court also noted that administrative dismissal of such charges do not bar § 1983 actions for damages resulting from punishment imposed at the …
No Immunity for Hearing Officers by Prison officials who hear and decide prisoners' administrative appeals from disciplinary hearings are only entitled to qualified immunity for their actions. Jerry Young is a New York state prisoner. He was found guilty of misconduct at five separate prison disciplinary hearings and sentenced to …
Article • September 15, 1995 • from PLN September, 1995
NY Prisoners Awarded Damages in Beatings by A June 4, 1992 incident at the Clinton Correctional Facility started when a prisoner standing in "rec line" waiting to be escorted to the keeplock recreation yard dropped a piece of candy on the floor. Several of his buddies started laughing and jostling …
Article • September 15, 1995 • from PLN September, 1995
No Immunity for Visitor Searches by On March 3, 1989, a Kings County Assistant DA contacted the New York DOC's Inspector General (IG) and told him that he had received information that Joseph Varrone, a New York state prisoner, was involved in drug smuggling. More specifically, the DA claimed that …
Some Evidence Must Support Guilty Finding by When prison officials violate clearly defined procedural due process standards in a prison disciplinary hearing, they are not immune from § 1983 liability. Frederick Gilbert is a New York state prisoner. After 25 tape decks and 37 AC adapters were stolen from the …
Article • August 15, 1995 • from PLN August, 1995
Shackled Litigant Denied Due Process by The court of appeals for the second circuit has reaffirmed that trial courts deny pro se litigants a fair trial when litigants are shackled before the Jury and no hearing on the need for restraints is held. Ronald Davidson is a New York state …
Brief • July 26, 1995
Allaway v. Martin, NY, Plaintiff Motion to Compel Discovery, Guard Excessive Force, 1995 UNITED STAI'ES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK CHARLES ALLAWAY, Plaintiff, -againstCorrectional Officers STEPHEN MARTIN, HOWARD PICKMAN, SCOTT DARRAH, JAY SISKAVICH, RONALD BOYSE, and D. DuBREY, Correctional Sergeants HAROLD BOYLE and TIMOTHY MURTHA, Lieutenant BRUCE McCORMICK, …
Article • July 15, 1995 • from PLN July, 1995
Dismissal for Failure to Amend Complaint Reversed by The court of appeals for the second circuit has held that a pro se prisoner's complaint should not be dismissed for failure to file a clear and concise complaint, failing to comply with the pleading requirements of Federal Civil Procedure and for …
Article • July 15, 1995 • from PLN July, 1995
Prisoners Entitled to Meaningful Ad Seg Review by New York state law has created a liberty interest for its prisoners to remain free from administrative segregation (ad seg) and prisoners cannot be held on indefinite ad seg status without meaningful review of that status. Prisoners have no federal constitutional right …
Article • July 15, 1995 • from PLN July, 1995
Denial of Food May Violate Eighth Amendment by As district court in New York has held that depriving a prisoner of all meals for a two day period may violate the eighth amendment when imposed as a punitive sanction. Sean Williams is a New York prisoner confined in a control …
AA Probation Requirement Illegal for Atheist by In the May, 1994, issue of PLN we reported Warner v. Orange County Dept. of Probation, 827 F. Supp. 261 (SD NY 1993) which refused to dismiss a probationers claim that being forced to attend Alcoholics Anonymous (AA) meetings as a condition of …
Denial of Witnesses Violates Due Process by A federal district court in New York has held that a prisoner's due process rights were violated at a disciplinary hearing when the hearing officer refused to call a guard as a witness and failed to interview the guard to determine what his …
Article • June 15, 1995 • from PLN June, 1995
Delay in Hearing States Claim by The court of appeals for the second circuit has reaffirmed that New York State law creates a due process liberty interest in its administrative segregation rules. The court held that prisoners due process rights are violated when they are not afforded a timely hearing …
Retaliatory Infractions Illegal by Prison employees are forbidden from filing false disciplinary charges against prisoners in retaliation for prisoner complaints against other employees. Milton Payne, a New York state prisoner, witnessed a prison guard set a fire in a cell and reported this to prison authorities. Shortly thereafter prison guards …
Jail Detainee Entitled to Hearing by In 1986 Vincent McCann was a pretrial detainee in the mental health unit at the Orange County Correctional Facility (jail) in New York. A detainee complained to jail guards that other prisoners had thrown urine on him and were taunting him. After a cursory …
Disciplinary Evidence Must be Reliable by Michael Walsh is a New York state prisoner. He was infracted for allegedly exposing himself to and threatening a prison guard. At the disciplinary hearing, Walsh called as a witness another guard who had co-signed the infraction report. The guard testified that she was …
$157,000 Awarded in Retaliation Suit by Jory Lowrance is a Muslim New York state prisoner. In a seven year period he was transferred a total of 17 times to different state prisons. He filed suit under 42 U.S. C. § 1983 claiming that the transfers were in retaliation for his …
Article • March 15, 1995 • from PLN March, 1995
Liability for Filming Search Affirmed by In the November, 1994, issue of PLN we reported Ayeni v. Mottola, 848 F Supp 362 (ED NY 1994) which denied qualified immunity to Secret Service (SS) agents who allowed a CBS television crew to film the search of a familys home. The Ayeni …
Article • March 15, 1995 • from PLN March, 1995
Medical Indifference Suit Requires New Trial by William Hathaway is a New York state prisoner. In 1973 he underwent hip fusion surgery and had three metal pins inserted into his left hip joint. He continued to experience pain after the surgery and in 1977 sought medical assistance from Dr. Schlesinger, …
Article • February 15, 1995 • from PLN February, 1995
Speeding Cop Loses Job by A New York police officer, Steven Schwartz, liked life in the fast lane. His personalized license plate read "MY T QUICK". Schwartz was also "MY T DEADLY". While responding to a police call m 1987, Schwartz struck and killed a pedestrian in a crosswalk when …
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