Second Circuit Upholds Implicit Waiver of Appearance at Disciplinary Hearing by Bruce Smith was a New York state prisoner when he was charged with the disciplinary infraction of fighting with another prisoner. On the day of his disciplinary hearing, Smith was brought to the hearing room, but the hearing officer …
USDC ED NY Grants Opposition to Quash Depositions in Murder/Rape by A magistrate judge at the United States District Court for the Eastern District of New York granted in November 2011 the Plaintiff’s motion opposing Defenses’ motion to quash deposition notices and notice of subpoena in a civil case resultant …
NY Prisoner’s Sanction for Not Providing Urine Sample for Drug Screening Affirmed by Camilo Infante, a New York state prisoner, failed to provide a urine sample within three hours of a guard’s order to do so for purposes of drug screening. He claimed at his disciplinary hearing that a groin …
New York DOC’s Changing Staff Job Classifications Upheld by New York’s Court of Appeals has held that it was not irrational for the Classification and Compensation Division in the New York State Department of Civil Service to revise the classification standards for the civil service titles of Education Supervisor, Plant …
Second Circuit Upholds $286,000 Attorney Fees Award in $30,000 Civil Rights Case by Matthew Clarke On November 14, 2012, the Second Circuit court of appeals upheld the award of $290,997.94 in costs, of which $286,065.00 were attorney fees, in a case with a $30,000 judgment for plaintiffs. Deja Barbour, Shinnel …
New York Governor Pataki Institutes Lawless Civil Commitment by Matthew T. Clarke On September 12, 2005, New York Governor George Pataki issued an executive order instructing state officials to confine sex offenders after their sentences were over. Pataki has introduced civil commitment laws in the state legislature since 1998. Typically, …
Wrongful Death Lawsuit Spurs Re-Training of Syracuse, N.Y. Jail Guards by In the wake of a wrongful death lawsuit filed by a former prisoner's widow, guards at the Onondaga County Justice Center Jail in Syracuse, N.Y., have purportedly been re-trained in the humane treatment of prisoners with drug abuse and …
N.Y. Ex-Con Goes Back to Jail for Going Back to Jail by One day, Matthew Matagrano, 36, was a corrections investigator, waving around a shiny, gold badge to gain entry into any of New York City's jails. The next, they wouldn't let him leave. On March 2, 2013, Matagrano, of …
Bronx Jail Guards Won't Be Charged in Prisoner's Homicide, DA Says by Jason Echeverria was dying in his cell on Aug. 18, 2012, after swallowing a ball of toxic soap in hopes of getting out of solitary confinement at the Bronx, N.Y. jail. As the chemicals burned his tongue, throat …
New York Federal Court Holds Victim's Hearsay Accusation Insufficient in Prison Disciplinary Case by Matthew Clarke On April 13, 2012, a New York federal court held that prison officials were liable for convicting a prisoner in a disciplinary action based solely on a victim's hearsay statement and upholding that disciplinary …
CMC Nurse Arrested for Having Sex With Syracuse Jail Prisoner by Beth A. Ours, 37, a Correctional Medical Care (CMC) nurse who worked at the Justice Center jail in Syracuse, New York, was arrested on December 4, 2012, and charged with third-degree felony sexual act for allegedly performing oral sex …
New York Not Liable for Unauthorized Addition of Post-Release Supervision by The New York Court of Appeals has held that the state cannot be held liable for the Department of Correctional Services (DOCS) adding post-release supervision to prisoners' sentences when it had not been ordered by a judge. Farrah Donald, …
Dismissal of Prisoner 1983 for “Failure to Exhaust Administrative Remedies” Denied by Derek Gilna Trevor Griffith, a prisoner in the New York Department of Correctional Services (DOCS), had filed a 42 U.S.C.A. Section 1983 Civil Rights case against the DOCS alleging mistreatment while he was in the Special Housing Unit …
New York Men Continue Pursuit of Police Misconduct Lawsuit by A New York Federal District Court denied a motion to dismiss a civil rights complaint that alleged police misconduct. Brothers Jose and Maximo Colon filed a civil rights violation claim against New York City and its police department alleging …
Gomez v. City of New York, NY, Order Denying Reconsideration, False Arrest, 2016 Case 1:14-cv-02621-ILG-CLP Document 35 Filed 08/19/16 Page 1 of 5 PageID #: 317 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------x JUAN GOMEZ, MEMORANDUM AND ORDER 14-CV-2621 (ILG) (CLP) Plaintiff, - against THE CITY OF …
The Price of Freedom - Bail and Pretrial Detention of Low Income Nonefelony Defendants in NYC, Human Rights Watch, 2010 United States The Price of Freedom Bail and Pretrial Detention of Low Income Nonfelony Defendants in New York City H U M A N R I G H T S …
Browder v. City of New York, NY, Complaint Wrongful Death, 2016 ^"'o?3^? TOZSTAm OFN»"»" v^^ S^, as Adml»^-t°- °^ t>.e Es^te o. VERIFIED COMeL&INT Plaintiff, Against ^SJS. OFJEW_YORK- T NEW YORK CITY ^^WNL°LCORRECTIONS/"THE^BRONX'COUNTY ^STRicLA mRNEYts OFFICE. -THE-NfiW"YORK"C^Y Hro^ ?Sm^NT- ,^NEW1T C^^P^^^F O ^^^^^sij^rN EW^°^^?EHNSmTFB Defendants. In<tex N t aiis-of ye …
New York State Police, Trooper Jason J. Lewis Letter of Censure, 2016 NEW YORK STATE POLICE MEMORANDUM TROOP F STATION DATE August 16, 2016 TO: Deputy Superintendent Stephen J. Smith, Field Command Attn: Major, Division Traffic FROM: Major Joseph A. Tripodo ~op Commander SUBJECT: TROOP CAR AC ENT - 04/18/16 …
$750,000 in Damages and Attorney Fees Awarded in New York False Arrest Case by On July 2, 2015, a New York federal court entered a settlement judgement for $250,000 each in favor of two black men who were falsely arrested for two armed robberies and spent eleven months in jail. …
Rikers Island Excessive Force Monell Claims Survive Dismissal by Mark Wilson A New York federal court refused to dismiss Monell Claims in a Rikers Island excessive force case. On September 28, 2013, Bobby White was incarcerated at Rikers Island, when guard Marlene Ocasio sprayed him with a chemical agent and …
