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Berrian v. New York, NY, Legal Aid Memo in Support of Attorney's Fees and Costs (2014

Brief • March 25, 2014

Filed under: Misconduct/Corruption, Retaliation, Pain, Injury -- Misc., False Charges (Disciplinary Hearings), Attorney Fee Awards, Guard Brutality/Beatings, 42 U.S. Code § 1983, civil action for deprivation of rights

Berrian v. New York, NY, Legal Aid Memo in Support of Attorney's Fees and Costs (2014 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STAFFORD BERRIAN, 13 CIV. 1719 (DLC) (DLF) Plaintiff, – against – CITY OF NEW YORK; Commissioner DORA B. SCHRIRO; Chief of Department MICHAEL HOURIHANE; Deputy …

USA v Pendergrass, NY, Complaint, Rikers Island guard beating Echevarria, 2014

Brief • March 21, 2014

Filed under: Guard Misconduct, Guard Brutality/Beatings, Excessive Force (Wrongful Death)

USA v Pendergrass, NY, Complaint, Rikers Island guard beating Echevarria, 2014

Online Gaming Accounts of New York Registered Sex Offenders Restricted or Closed

Article • March 15, 2014 • from PLN March, 2014

Filed under: Discrimination, Sex Offenders (Discrimination)

Online Gaming Accounts of New York Registered Sex Offenders Restricted or Closed by According to New York Attorney General Eric T. Scheiderman, around 5,600 online gaming accounts belonging to sex offenders registered with the State of New York have been restricted or canceled. Gaming companies Microsoft, Sony, Blizzard, Electronic Arts, …

Second Circuit Vacates Magistrate’s Judgment Entered without Consent

Article • March 15, 2014 • from PLN March, 2014

Filed under: Civil Procedure, Summary Judgment, Magistrates

Second Circuit Vacates Magistrate’s Judgment Entered without Consent by On March 6, 2013, the Second Circuit Court of Appeals vacated the summary judgment dismissal of a New York prisoner’s lawsuit, finding he had not consented to having the case decided by a magistrate judge. Willie James Yeldon filed suit in …

Second Circuit: Videoconference at Resentencing Violates Right to be Present

Article • March 15, 2014 • from PLN March, 2014

Filed under: Disciplinary Hearings, Presence at Hearing, Court Appearances, Prisoners-International, Terrorism

Second Circuit: Videoconference at Resentencing Violates Right to be Present by The Second Circuit Court of Appeals has held that resentencing a defendant by videoconference violated his right to be present in court, and the government failed to satisfy its burden of establishing that the defendant knowingly and voluntarily waived …

Adverse Inference Instruction Required for New York Jail’s Destruction of Video Evidence

Article • March 15, 2014 • from PLN March, 2014

Filed under: Jail Misconduct, Disciplinary Hearings, Disciplinary Litigation, Evidence, Jury Instructions

Adverse Inference Instruction Required for New York Jail’s Destruction of Video Evidence by The New York Court of Appeals has held that when a criminal defendant acts with due diligence to demand the preservation of evidence that is reasonably likely to be of material importance, and the evidence is destroyed …

Schoeckert v. City of New York, NY, Complaint, Occupy Wall Street Excessive Force & Arrest, 2014

Brief • March 13, 2014

Filed under: Protests, False Arrest, Excessive Force (Police)

Schoeckert v. City of New York, NY, Complaint, Occupy Wall Street Excessive Force & Arrest, 2014 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------)( PAUL SCHOECKERT, ) ) Plaintiff, ) ) -against) ) THE CITY OF NEW YORK; POLICE OFFICER) MICHAEL GISBERT, Shield No. 7705; JOHN ) DOE …

Mar v. Macy's Inc., NY, Summons, False Arrest by Store Security, 2014

Brief • February 26, 2014

Filed under: False Arrest

Mar v. Macy's Inc., NY, Summons, False Arrest by Store Security, 2014 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Filed :_ _ _ …

Upsher v. New York, NY, Decision, Failure to Treat, Medical, 2014

Brief • February 18, 2014

Filed under: Cancer, Blood, Failure to Treat

Upsher v. New York, NY, Decision, Failure to Treat, Medical, 2014 [* 1] FILED ...._,,,,_,.,-~· STATE OF NEW YORK B t 8 2014 . COURT OF CLAIMS ;~K·:IWUDJ1~ .. ," ·~;,,. In the Matter of the Claim of STEVEN UPSHER, >:<·· ••• ,. Claimant, DECISION -vClaim No. 115797 STATE OF …

Solitary Confinement’s Invisible Scars

Article • February 15, 2014 • from PLN February, 2014

Filed under: Control Units/SHU/Solitary Confinement

Solitary Confinement’s Invisible Scars by Five Oman Mualimm-ak I spent more than five years of my sentence in “the box,” for trivial violations. It’s time we saw this casual abuse for what it is: torture. by Five Oman Mualimm-ak As kids, many of us imagine having superpowers. An avid comic …

NY Prisoner’s Youthful Age Considered in Modifying Prison Disciplinary Sanction

Article • February 15, 2014 • from PLN February, 2014

Filed under: Sanctions (Disciplinary Hearings), Control Units/SHU/Solitary Confinement

NY Prisoner’s Youthful Age Considered in Modifying Prison Disciplinary Sanction by The Appellate Division of New York’s Supreme Court, Fourth Judicial Division, after taking into account a prisoner’s youthfulness, modified the penalty imposed in a prison disciplinary hearing. Prisoner Paul Cookhorne was charged with violating various prison rules that included …

Supreme Court of NY v. Defendants, NY, Plaintiff’s Proposed Jury Instructions, False Arrest to Robbery (2014)

Brief • February 12, 2014

Filed under: Conditions of Confinement, False Arrest

Supreme Court of NY v. Defendants, NY, Plaintiff’s Proposed Jury Instructions, False Arrest to Robbery (2014) SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ---------------------------------------------------------------------x Plaintiff Index #: PLAINTIFF’S PROPOSED JURY INSTRUCTIONS -against- Defendants -------------------------------------------------------------------x 1. A. GENERAL INTRODUCTORY CHARGES Sympathy or Bias – You are …

NY Amended Legislation on Solitary Confinement 2014

Publication • January 24, 2014

Filed under: Control Units/SHU/Solitary Confinement, Ad-Seg Hearings, State Legislation

NY Amended Legislation on Solitary Confinement 2014 2/18/2014 A8588-2013 Text - NY Senate Open Legislation S T A T E O F N E W Y O R K ________________________________________________________________________ 8588 I N A S S E M B L Y January 24, 2014 ___________ Introduced by M. of A. …

Study: Risk of Murder, Overdose and Suicide Higher for Recently Released Jail Prisoners in New York City

Article • January 15, 2014 • from PLN January, 2014

Filed under: Medical, Drug Overdose, Statistics/Trends, Drug Treatment/Rehab, Suicides

Study: Risk of Murder, Overdose and Suicide Higher for Recently Released Jail Prisoners in New York City by A study by researchers with the New York City Department of Health and Mental Hygiene (DHMH) supports reforms long urged by prisoner advocates: more mental health and substance abuse treatment, and less …

New York Prisoner Awarded Almost $16 Million Due to Poor Medical Treatment

Article • January 15, 2014 • from PLN January, 2014

Filed under: Medical Misconduct, Medical, Skeletal Injury, Misdiagnosis, Failure to Treat, Parole, Medical Neglect/Malpractice

New York Prisoner Awarded Almost $16 Million Due to Poor Medical Treatment by Christopher Zoukis In March 2012, a New York state prisoner was awarded $15.7 million after being left a quadriplegic due to inadequate medical care. The judgment was entered by a New York Court of Claims which found …

Study Finds Prisoners Inappropriately Using Topical Antibiotics

Article • January 15, 2014 • from PLN January, 2014

Filed under: Medication, Skin, Crime/Demographics, Statistics/Trends

Study Finds Prisoners Inappropriately Using Topical Antibiotics by David Reutter by David M. Reutter Research into the use of topical antibiotics in correctional facilities found that prisoners frequently use antibiotics for reasons inconsistent with their recommended purpose. A two-year study of 822 New York state prisoners was presented at the …

Vibert v. County of Rensselaer, et al., NY, Complaint, Sheriff's Office Corruption, 2014

Brief • January 7, 2014

Filed under: Gender Discrimination -- Women, Retaliation against Staff, Jail Specific, First Amendment, rights, Fourth Amendment, rights, 42 U.S. Code § 1983, civil action for deprivation of rights

Vibert v. County of Rensselaer, et al., NY, Complaint, Sheriff's Office Corruption, 2014 Case 1:14-cv-00022-CFH Document 1 Filed 01/07/14 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK _________________________________________ : RUTH FREDERICKS VIBERT, : : Plaintiff, : : v. : : THE COUNTY OF …

Tankleff v. New York, NY, Settlement, Wrongful Conviction, 2014

Brief • January 6, 2014

Filed under: Prosecutor/Attorney General Misconduct, Sentencing, Wrongful Conviction, Wrongful Imprisonment

Tankleff v. New York, NY, Settlement, Wrongful Conviction, 2014 STATE OF NEW YORK - COURT OF CLAIMS .. -- ------------------ --------- ------------------------------ ----X MARTIN TANKLEFF, STIPULATION OF SETTLEMENT AND DISCONTINUANCE Claimant, Claim No. 118655 Lopez-Summa, 1. againstTHE STATE OF NEW YORK, Defendant(s), ..---------------------------------------------------------------X WHEREAS, the parties hereto have agreed to …

Rethinking Rikers Juvenile Program Rule-Making Proposal to NYC BoC 2014

Publication • January 1, 2014

Filed under: Control Units/SHU/Solitary Confinement, Education (Juveniles), Juvenile Prisons

Rethinking Rikers Juvenile Program Rule-Making Proposal to NYC BoC 2014 RETHINKING RIKERS: MOVING FROM A CORRECTIONAL TO A THERAPEUTIC MODEL FOR YOUTH Proposal for Rule‐Making Report for the NYC Board of Correction Professor Ellen Yaroshefsky Prepared by: Melody Berkovits Dinisha Fernando Nadia Jean‐Francois Michelle Kornblit Lindsay Melworm Casandra Tolentino Karina …

Russell v NYPD, NY, Complaint, organizing Occupy Movement, 2013

Brief • December 23, 2013

Filed under: Protests, First Amendment

Russell v NYPD, NY, Complaint, organizing Occupy Movement, 2013