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Publication • December 18, 2013
New York State Police, Trooper Joseph M. Lofrese Letter of Censure, 2013 LOFRESE, JOSEPH M TROOPER TYPE: Personnel CASE# 20130362 FINDING: Founded Complainant: BRENDAN CASEY INTERNAL AFFAIRS BUREAU PERSONNEL COMPLAINT TRACKING DCN: 20130362 CTV:lli§.2 TYPE: Personnel REGION: South LEVEL: .3. Subject(s): Troooer Josenh M . Lofrese Troop or Detail F …
Article • December 15, 2013 • from PLN December, 2013
Filed under: Attorneys
New York City’s Revised Indigent Defense Services Plan Upheld by The New York Court of Appeals – the state’s highest court – held last year that changes to New York City’s system of indigent defense, which permit the assignment of conflict cases to institutional providers without the involvement of county …
Brief • December 3, 2013
Thankachan v. Peekskill Housing Authority, NY, Plf Reply Brief in Res to HUD Opp to Plf Mot for Supp Atty Fees, attorney fees, 2013
Brief • November 27, 2013
Littlejohn v. Palatial Concrete, Ltd., Complaint, Racist Employment Kickbacks, 2013 Case 1:13-cv-06636-NGG-RER Document 1 Filed 11/27/13 Page 1 of 23 PageID #: 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ------------------------------------------------------------------------)( FRANK LITTLEJOHN COMPLAINT Plaintiff, -against- cv 13 PALATIAL CONCRETE, LTD., VINCENT LOSCALZO, Individually and in his capacity …
Article • November 15, 2013 • from PLN November, 2013
New York City Jail Chaplain Fined for Accepting Bribe, Pleads Guilty to Fraud Charges by A politically-connected New York City jail chaplain was fined for accepting a gift from a prisoner’s family, then charged with stealing federal housing funds in an unrelated case. He was ordered to serve 45 days …
Article • November 15, 2013 • from PLN November, 2013
Second Circuit: Bankruptcy Automatic Stay is No Excuse for Non-payment of Restitution by Derek Gilna Philip Colasuonno, a defendant in the U.S. District Court for the Southern District of New York, was resentenced to 4 months in prison after the court found he had “willfully violated probation by failing to …
Brief • October 23, 2013
Morris v. Correctional Medical Care, NY, Complaint, Jail Suicide, 2013 Case 9:13-cv-01321-FJS-TWD Document 1 Filed 10/23/13 Page 1 of 30 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK ____________________________________ : BERNADINE HAAG MORRIS, : as Administratrix of the Estate of : FREDERICK C. HAAG, : : Plaintiff, …
New York Promised Help for Mentally Ill Prisoners – But Still Sticks Many in Solitary by Christie Thompson When Amir Hall entered New York state prison for a parole violation in November 2009, he came with a long list of psychological problems. Hall arrived at the prison from a state …
Brief • September 25, 2013
Filed under: Costs, Filing Fees, False Arrest
Schwartz v. Bethel, NY, Order on Indigency Status, False Arrest, 2013 Case 1:13-cv-02209-FB-JMA Document 13 Filed 09/25/13 Page 1 of 3 PageID #: 49 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------x FRANKEL SCHWARTZ, MEMORANDUM AND ORDER Case No. CV-13-2209 (FB) (JMA) Plaintiff, -againstMARLON BETHEL, CITY OF NEW …
Article • September 15, 2013
Filed under: Commentary/Reviews
The Wealthy 'Make Mistakes', the Poor Go to Jail by Chris Arnade I left my Wall Street trader job and began photographing drug addicts in NYC. These two worlds have entirely different rules. by Chris Arnade I knew him as "Mr one-glove". The origins of his nickname were cloudy, but …
Article • September 15, 2013 • from PLN September, 2013
Second Circuit Establishes Property Seizure Standards for Civilly Committed Persons by As a matter of first impression, the Second Circuit Court of Appeals has undertaken a Fourth Amendment balancing analysis with regard to the right of a civilly committed person to be free from unreasonable seizures under the Fourth Amendment. …
Article • September 15, 2013 • from PLN September, 2013
Wrongful Immigration Detention Suit Reinstated by Second Circuit, Dismissed on Remand by Derek Gilna Viterbo Liranzo, born in the Dominican Republic, was a U.S. citizen through section 321 of the Immigration and Naturalization Act, which conferred derivative citizenship on children of U.S. citizens. He was required to apply for a …
Article • September 15, 2013 • from PLN September, 2013
Qualified Immunity for NY Prison Officials who Failed to Award Parole Jail Time by The Second Circuit Court of Appeals held on August 7, 2012 that prison officials who failed to properly award parole jail time (PJT) credits to two prisoners serving concurrent prison and jail sentences were entitled to …
Article • September 15, 2013 • from PLN September, 2013
Second Circuit: No Social Security Payments for Prisoners by Last year, the Second Circuit Court of Appeals held that the “No Social Security Benefits for Prisoners Act (the Act), Pub. L. No. 111-115, 123 Stat. 3029 (2009), bars the Social Security Administration (SSA) from making any payments to incarcerated individuals …
Iacovangelo v. Correctional Medical Care, Inc., NY, Complaint, Jail Drug & Alcohol Withdrawal Death, 2013 Case 6:13-cv-06466-CJS Document 1 Filed 09/02/13 Page 1 of 31 UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK ____________________________________ : FRANK B. IACOVANGELO, : Public Administrator, Monroe County, : As Administrator of …
Article • August 15, 2013
Filed under: Searches, Drug Testing
Federal Rehabilitation Act Provides No Cause of Action Against Federal Government When Acting in Regulatory Capacity by Joseph Kinneary was the captain of a municipal tanker for the New York City Dept. of Environmental Protection. Kinneary didn’t provide a urine sample for drug testing as required by federal regulations, claiming …
Premature Appeal Not Frivolous Under PLRA by The Second Circuit Court of Appeals has held the Prison Litigation Reform Act’s (PLRA’s) “three strikes” provision does not encompass a dismissal for filing a premature notice of appeal. New York prisoner Injah E. Tafari brought a civil rights action in September 2000, …
Damages for Improper Segregation Needs Resolution by Jury by The Second Circuit Court of Appeals held prison officials were entitled to a jury trial to determine damages caused by the failure to call witnesses at a disciplinary hearing. A prisoner at New York’s Attica Correctional Facility was charged with assault …
Article • August 15, 2013
Filed under: Medical, Injury -- Misc.
New York Prisoner Awarded $25,000 in Slip and Fall by A New York Court of Claims has awarded a former prisoner $25,000 for shoulder injuries incurred in a slip and fall accident. The action was filed by Charles Jones, who slipped and fell on a wet substance on the gymnasium …
Article • August 15, 2013
NY FOIL Requires Disclosure of Teacher’s Negotiated Guilty Plea in Disciplinary Action by An unidentified teacher was taken before the New York State Board of Education on unspecified disciplinary charges. The teacher negotiated a guilty plea. An unidentified petitioner filed a motion to compel disclosure of the pertinent documents in …
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