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Officials Must Assess Informant's Credibility by Kevin Richardson is a New York state prisoner. In 1985 he was infracted for allegedly stabbing James Caroline, another prisoner. At the disciplinary hearing Caroline submitted a statement on Richardson's behalf stating that Richardson was not the assailant. The hearing officer heard testimony, outside …
No Cause of Action in Reversed Disciplinary Sanction by Victor Sowell is a New York state prisoner. He was infracted for inciting a riot, assault and disobeying a direct order. He was transferred to a different prison and placed in segregation prior to his disciplinary hearing. At the hearing Sowell …
Article • December 15, 1993 • from PLN December, 1993
Filed under: Medical, Tuberculosis
TB Test Info Needed by Milton Pacheco I am presently seeking information from Muslims (prisoners and civilians), who oppose taking the TB skin test on religious grounds because it violates their Islamic beliefs by having the serum injected into the skin. I am seeking affidavits, articles, legal articles (either American …
Article • December 15, 1993 • from PLN December, 1993
No Witnesses for IFP Litigant by Apro se civil litigant was prosecuting a § 1983 civil rights complaint in forma pauperis . The plaintiff was a prisoner and suit was filed against two guards for use of excessive force. After a bench trial, the U.S. district court entered a judgment …
Article • November 15, 1993 • from PLN November, 1993
Chain of Custody on Urine Sample by Federal courts in New York have held that due process requires a prison disciplinary body to establish a reasonably reliable chain of custody as a foundation for introducing the results of urinalysis tests into evidence at prison disciplinary hearings. This chain of custody …
Section 1983 Not Estopped by State Court Ruling by Santiago Ramirez is a New York state prisoner. An informant told a prison sergeant that Ramirez had a shank concealed in his cell. Acting on this information Ramirez's cell was searched and a shank was found. Ramirez was infracted and at …
Article • November 15, 1993 • from PLN November, 1993
Seg Prisoners Entitled to Congregate for Religious Services by Richard Salahuddin was a Muslim New York State prisoner. In 1985 he was transferred to the Sullivan Correctional Facility (SCF), which was still under construction. At the time of his transfer and during his stay at SCF he was on "keeplock" …
Article • October 15, 1993 • from PLN October, 1993
NY Re-Examines Tough Drug Laws by Former New York governor Nelson Rockefeller decided to launch a "get tough on crime" approach to dealing with that state's drug users and dealers. In 1973 Rockefeller had the state legislature pass a "lock `em up and throw away the key" approach to drug …
Article • September 15, 1993 • from PLN September, 1993
Filed under: Medical, Tuberculosis
NYC Jails Breeding TB by New York City's jails are a breeding ground for tuberculosis, with inmates 10 times as likely to catch the disease as the general public, according to a city report. "The New York City jail system may be an important amplification point in the ongoing tuberculosis …
Article • September 15, 1993 • from PLN September, 1993
AIDS Patient Released from Jail by Gregory Scarpa is a pretrial detainee with full-blown AIDS. He is an alleged mafia captain awaiting trial on charges of racketeering, various murders, murder conspiracies, etc. While on bail previously he was involved in a shoot out and, according to the government, continued his …
Article • August 15, 1993 • from PLN August, 1993
Officer's Family Awarded $120,000 for Contracting TB by In what may be an important precedent setting case, the U.S. Department of Justice awarded almost $120,000 to the family of Peter Petrosino, a 57 year old state prison guard at the Auburn, N.Y. prison, who died Oct.24, 1991, as a result …
Article • August 15, 1993 • from PLN August, 1993
Probation Officers Only Entitled to Qualified Immunity by Charlene Gelatt is a New York state probationer. After being convicted of grand larceny she was placed on probation and ordered to pay restitution. She had her probation supervision transferred to Florida. Richard Wahila is a New York state probation officer. He …
Article • June 15, 1993 • from PLN June, 1993
Adequate Notice of Disciplinary Charges Required by Henry Benitez is a New York state prisoner. He was infracted in a four page disciplinary report for allegedly violating eight different rules. A few hours later he was given another infraction report consisting of an additional four charges. A few hours later …
Article • April 15, 1993 • from PLN April, 1993
NYC Claims Prisoners Shoot Themselves to File Suit by New York City commissioners claim that for the last several years prisoners have paid jail guards to smuggle guns in to them, whereupon they shoot themselves and then sue the city for failing to protect them. A city official claims "There …
Release Not Appropriate Relief for Beatings by Samuel Brown is a New York state prisoner. Brown was convicted of three counts of felony murder arising from an armored car robbery in upstate New York by the Revolutionary Armed Task Force. Brown became an FBI informant and was later tried and …
Article • April 15, 1993 • from PLN April, 1993
Right to Religious Diet Clearly Established by Warren Bass is a Jewish New York state prisoner. Despite the recommendation of the prison rabbi that Bass was sincere in his religious beliefs and should receive a kosher diet, prison officials refused to provide Bass with a kosher diet. Bass filed suit …
Damages Awarded to HIV+ Jail Prisoner by Louise Nolley is an HIV+ prisoner held in the Erie County Jail in New York. She filed suit under § 1983 contending that various jail practices violated her rights. The objectionable practices included: automatically segregating HIV+ prisoners; denying HIV+ prisoners law library and …
Article • April 15, 1993 • from PLN April, 1993
NY Corrections Commissioner Pleads Guilty by William Jenkins, a former assistant corrections commissioner pleaded guilty in January to charges that he extorted money from a janitorial supplies company which served the city's jails. Jenkins, who was responsible for the Corrections Department's assets management, is scheduled to be sentenced March 19, …
Article • March 15, 1993 • from PLN March, 1993
Prisoner Entitled to Religious Diet by Warren Bass is a New York state prisoner who filed suit under § 1983 after being denied a diet of meals prepared in accordance with his religious beliefs. The defendant prison officials moved for summary judgement on the basis of qualified immunity from money …
Article • March 15, 1993 • from PLN March, 1993
Prison Bosses Liable for Rights Violation by Willie Horne is a retarded New York state prisoner who was infracted, not provided with a counsel substitute at a disciplinary hearing, and was punished. Horne filed suit claiming that prison officials violated his due process rights by subjecting him to a disciplinary …
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