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Rikers Island Detainees in Struggle by Rikers Island is the largest penal colony in the world, holding more than 19,000 prisoners on a 410 acre island. Most of them are New York City pretrial detainees not convicted of any crime. The number of detainees is expected to increase to as …
Tight Handcuffs State Claim by Ronald Davidson is a New York state prisoner. While being transported to the segregation unit of another prison he was handcuffed and shackled. The devices were so tight that they cut into Davidson s flesh and reduced circulation into his hands and feet, causing swelling. …
Altered Disciplinary Evidence Violates Due Process by John Grillo is a New York state prisoner. He was infracted after a urinalysis allegedly showed he was positive for the use of opiates. He was found guilty at the disciplinary hearing and sentenced to 360 days in segregation and the loss of …
Article • December 15, 1994 • from PLN December, 1994
Obtaining Prisoner Witnesses by This case involves an effort by state government defendants in a civil rights suit to obtain the presence of a witness to testify on their behalf. The case provides a useful discussion of writs of habeas corpus ad testificandum, whereby parties to civil or criminal actions …
Disputed Disciplinary Facts Require Reversal by Michael Mays is a New York state prisoner who was infracted for allegedly refusing to return to his cell when a guard ordered him to do so. After a disciplinary hearing Mays was found "guilty" and sentenced to segregation, loss of good time and …
Santeros Win PI by Santeria is a religion which combines aspects of Catholicism and African animism. Believers worship saints, or orishas, who have their own personalities and characteristics. Santeria is widely practiced in Caribbean and Latin American countries. In Church of the Lukumi Babah Aye, Inc. v. City of Hialeah, …
Admin Reversal Doesn't Affect Disciplinary Hearing Suit by Robert Walker is a New York state prisoner. During a search of Walker's cell prison guards found a knife and excess bedding and infracted him for their possession. At his disciplinary hearing Walker pleaded not guilty and maintained the knife and bedding …
Ad-Seg Placement Without Hearing Illegal by Huey Wright is a New York state prisoner. In 1983 Wright was attacked in his cell by two other prisoners and placed in segregation on disciplinary charges. Three days later the disciplinary charges were dismissed by a hearing officer but Wright was retained in …
Article • October 15, 1994 • from PLN October, 1994
CBS Liable for Filming Search by This case has nothing to do with prison litigation. We are reporting it because it deals with the ongoing propaganda war being waged against criminal defendants and poor people. It is the first reported court decision to hold a television broadcaster liable for accompanying …
Article • October 15, 1994 • from PLN October, 1994
New York Police Falsify Evidence by Dale Gardner Like any organized criminal enterprise, the New York State Police relied on the code of silence to protect them from exposure. The silence was broken in 1991 when a former state trooper, David Harding, applied for a job with the CIA. Harding …
Article • September 15, 1994 • from PLN September, 1994
Prison TV: Luxury or Management Tool? by Paul Wright By Paul Wright In March 1994, the Florida state legislature passed a law severely restricting how the DOC could spend prisoner welfare funds. It specifically prohibited the expenditure of welfare funds for cable television, to rent movie videos, televisions, VCRs or …
2nd Cir. Declines to Rule on Informant Testimony by Jerome Russell is a New York state prisoner. He was infracted for allegedly assaulting another prisoner. At the disciplinary hearing the hearing, officer questioned the investigating guard who had provided statements from the victim and three informants who identified Russell as …
Article • July 15, 1994 • from PLN July, 1994
Prisoners Denied Right to Vote by Paul Wright By Paul Wright In the May, 1994, issue of PLN we ran an article, "Giving Cons and Ex-Cons The Right to Vote" which outlined a litigation strategy to obtain just such a right. Nine New York state prisoners at the Green Haven …
Atheist Challenges AA Probation Requirement by Robert Warner was convicted of drunk driving in New York state and sentenced to three years probation. One of the probation conditions was that he attend meetings of Alcoholics Anonymous (AA). Warner is an atheist and objects to compulsory attendance of AA meetings because …
Improper Testimony Requires Reversal by Ronald Davidson is a New York state prisoner. He filed suit claiming that a prison guard had destroyed his legal materials after they had an altercation. The case went to trial. The guard's attorney, from the state's Attorney General's office, sought to admit evidence to …
Article • May 15, 1994 • from PLN May, 1994
Prisoner Beating Filmed by The January 5, 1994, issue of the New York Times reported that two New York state DOC guards, Korey Gordon and Edward Sharrow, had been fired after they were caught on video tape brutally beating prisoner Jason McDade. McDade was handcuffed and not resisting when the …
Article • April 15, 1994 • from PLN April, 1994
No Right to Gate Money by Several New York state prisoners filed suit under § 1983 over a plan enacted by the New York state legislature which revoked the $40 gate money previously given to prisoners upon their release by the state. They also challenged a plan under which prison …
Excluding Alibi Witness Unconstitutional by Kelvin Moye is a New York state prisoner. He was infracted for stabbing another prisoner. At his disciplinary hearing Moye requested a statement from a prisoner whose testimony would indicate that Moye could not have committed the stabbing. The hearing officer refused to obtain a …
Article • February 15, 1994 • from PLN February, 1994
Estate Proper Party When Defendant Dies by Jerry Young is a New York state prisoner. He filed suit under § 1983 claiming that Terry Patrice, a prison guard, had beaten him. During the pendency of the suit it appears that Patrice died. The attorney general filed a motion to dismiss …
Article • February 15, 1994 • from PLN February, 1994
City Liable for Negligent Medical Care by Sean Simpkins was a pre-trial detainee in New York City. While in custody he was taken to the city owned hospital at Bellevue for sinus surgery. Instead of operating where indicated by a CAT scan the doctor operated on the wrong sinus resulting …
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