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Article • April 15, 2014 • from PLN April, 2014
Filed under: Fathers in Prison
New York Prisoner Secures Court Order for Visitation with Child by The New York Court of Appeals upheld a lower court’s ruling that granted an incarcerated father visitation rights with his three-year-old child. The Court held the lower court had properly applied a legal standard that presumes in favor of …
Article • April 15, 2014 • from PLN April, 2014
Filed under: Hunger Strikes
New York Prison Officials Can Force-Feed Hunger Striking Prisoner by The New York Court of Appeals, the state’s highest court, held that a hunger striking prisoner’s rights were not violated by a judicial order allowing the state to feed him by nasogastric tube to preserve his life. The Court’s decision …
Brief • April 15, 2014
Berrian v. City of New York, NY, Memo in Opposition to Motion for Attorneys' Fees, Use of Excessive Force, 2014 Case 1:13-cv-01719-DLC-DCF Document 37 Filed 04/15/14 Page 1 of 26 IndexNo. 13 CIV 1719 LC LINITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK STAFFORD BERzuAN, Plaintiff, -against- CITY OF …
Restivo v. Nassau County, NY, Jury Award, Wrongful Conviction, 2014
Restivo v. Nassau County, NY, Verdict, Wrongful Conviction, 2014 Case 2:06-cv-06720-JS-WDW Document 198 Filed 04/11/14 Page 1 of 20 PageID #: 2546
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
Article • March 15, 2014 • from PLN March, 2014
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, …
Article • March 15, 2014 • from PLN March, 2014
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 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 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 …
Brief • March 13, 2014
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 …
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 :_ _ _ …
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 …
Article • February 15, 2014 • from PLN February, 2014
Solitary Confinement’s Invisible Scars by Five Oman Mualimm-ak I spent more than five years of my sentence in &ldquo;the box,&rdquo; for trivial violations. It&rsquo;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 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 …
Brief • February 12, 2014
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 …
Publication • January 24, 2014
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. …
Article • January 15, 2014 • from PLN January, 2014
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 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 …
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