Skip navigation

Search

2762 results
Page 66 of 139. « Previous | 1 2 3 4 ... 62 63 64 65 66 67 68 69 70 ... 135 136 137 138 139 | Next »

Article • November 15, 2011
New York Prison Disciplinary Conviction Upheld by On June 9, 2011, New York’s Third Judicial Appellate Court affirmed a prisoner’s disciplinary conviction. Scott Irwin received a misconduct report after a scuffle with a guard that resulted in the discovery of a shank. Irwin was sanctioned initially to 30 months of …
Article • November 15, 2011
New York Sex Offender Commitment Proceedings Permitted against Unlawfully Detained by New York’s highest court held that the legality of a prisoner’s custody is irrelevant in ascertaining whether he or she is a “detained sex offender” in considering involuntary commitment of a prisoner under Article 10 of the Mental Hygiene …
Article • November 15, 2011
Suit Challenging Election Surveillance May Go Forward, Second Circuit Decides by A lawsuit challenging the Foreign Intelligence Surveillance Act Amendments of 2008 (FAA) may proceed, the U.S. Court of Appeals for the Second Circuit decided March 21, 2011. The lower court dismissed the suit on standing grounds. Amnesty International, with …
Article • November 15, 2011
New York Prisoner’s Medical Experimentation Complaint Improperly Dismissed by The Second Circuit Court of Appeals reversed a New York federal district court’s dismissal of a prisoner’s claim that he was subject to “inhumane treatment” by having medical experiments conducted on him. The 1971 claim of prisoner Otis Clay was brought …
Article • November 15, 2011
Filed under: Sentencing, Parole
U.S. Magistrate Rules New York Parole Policy Unconstitutional by by Derek Gilna In a U.S. Magistrate's report to U.S. District Judge George B. Daniels of the Southern District of N.Y., the New York State Division of Parole's (DOP) policy of computing parole violators' misdemeanor sentences was found to be unconstitutional. …
Article • November 15, 2011
New York Court of Appeals Upholds Sex Offender Visitation Rights by The New York Court of Appeals, Third Division, upheld a family court’s ruling that the father who is convicted of 49 counts of child molestation of his male students be granted visitation rights with his young daughter. The New …
Article • November 15, 2011
New York Settles Wrongful Arrest Case for $35,000 by By Derek Gilna In a Stipulation and Order of Settlement filed with the United States District Court for the Southern District of New York on May 13, 2010, the City of New York has agreed to pay $35,000 to settle the …
Article • November 15, 2011
Court Orders Discovery of Documents in Sex Abuse Suit by On October 14, 2004, U.S. Magistrate Judge Gabriel W. Gorenstein ordered the defendants in a 42 U.S.C. § 1983 action to produce copies of documents related to the sexual misconduct allegations in the suit. The plaintiffs alleged that guards had …
Total Exhaustion Rule Not Applicable to § 1983 Claims; 90 Days of Unusually Harsh Conditions States Due Process Claim by Total Exhaustion Rule Not Applicable to § 1983 Claims; 90 Days of Unusually Harsh Conditions States Due Process Claim The Second Circuit Court of Appeals has held the total exhaustion …
Record of Previous Violence Gives Jail Officials Constructive Notice of Attack on Prisoner by On March 20, 2007, a New York state court of appeals held that a prisoner’s previous propensity for attacking other prisoners without provocation or warning and his housing in segregation served as sufficient constructive notice of …
Article • September 15, 2011
Denial of Separate Religious Services Leads to Sectarian Tension Between New York Shiite and Sunni Prisoners by Matthew Clarke by Matt Clarke Shiite Muslim prisoners in New York state prisons have long sought their own services separate from the majority Sunni Muslims. A recent federal court of appeals decision may …
Article • September 15, 2011
New York DOC’s Failure To Transmit Protective Custody Order Is Actionable by John Dannenberg by John E. Dannenberg The Supreme Court of New York held that the Court of Claims erred when it dismissed a prisoner’s damages claim for injuries suffered when he was not placed in protective custody as …
Remembering Attica Forty Years Later by Dennis Cunningham by Dennis Cunningham, Michael Deutsch & Elizabeth Fink This year, September 9 will mark the 40th anniversary of the rebellion at Attica State Prison in upstate New York. As one of the prisoner leaders, L.D. Barkley, announced to the world, the rebellion …
Brief • August 25, 2011
Mack v. Howard, NY, Appellant Brief, Records Request for Video of Deputies Beating Jail Prisoner, 2011 To be Argued by: JOHN NED LIPSITZ, ESQ. (Time Requested: 15 Minutes) Appellate Division Docket No. CA 11-00779 Erie County Clerk’s Index No. I 2010-9712 New York Supreme Court Appellate Division—Fourth Department MARQUEZ MACK, …
Article • August 15, 2011
New York Jail “Incarceration Cost” Charges Enjoined by John Dannenberg by John E. Dannenberg The Supreme Court of Nassau County granted an Article 78 petition against Nassau County that enjoined it from charging non-indigent prisoners a “per diem” incarceration fee, thereby voiding Title 21 and 21-A of the Miscellaneous Laws …
Article • August 15, 2011 • from PLN August, 2011
New York Prisoners Man Call Centers by The current era of budget deficits and fiscal austerity has made prison labor fashionable, at least in the eyes of some government officials. For nearly two decades, New York State’s Department of Motor Vehicles (DMV) has been operating a call center from New …
Article • August 15, 2011 • from PLN August, 2011
$17.5 Million Verdict for Diabetic Prisoner in New York by A diabetic prisoner who was denied insulin by officers with the New York Police Department (NYPD) was awarded $17.5 million by a Brooklyn jury on October 19, 2010. For nearly 58 hours after Jose Vargas’ arrest on drug charges in …
Brief • August 12, 2011
Filed under: Attorney Fee Awards
Blount v. City of New York, NY, attorney fee award, 2011 Blount v. City of New York, Not Reported in F.Supp.2d (2011) 2011 WL 8174137 Only the Westlaw citation is currently available. United States District Court, E.D. New York. Darnell BLOUNT, Plaintiff, v. CITY OF NEW YORK, et al., Defendants. …
New York Sex Offenders’ Settlement Agreement Superseded By New Registration Law by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals dealt a blow to New York state sex offenders when it ruled that in spite of an earlier suit and settlement agreement constraining sex offender …
Article • July 15, 2011
Second Circuit Analyzes Civil Process Extension Rule Application by By David M. Reutter The Second Circuit Court of Appeals has held that a district court may exercise its discretion to grant extensions under Fed. R. Civ. P. 4 (m), absent a showing of good cause under certain circumstances. In the …
Page 66 of 139. « Previous | 1 2 3 4 ... 62 63 64 65 66 67 68 69 70 ... 135 136 137 138 139 | Next »