“Three Strikes” Provision Of PLRA Applies To Suits Filed While Incarcerated Even If Subsequently Released by Brandon Sample By Brandon Sample The Prison Litigation Reform Act (PLRA), which prohibits a prisoner from proceeding in forma pauperis (IFP) in a federal lawsuit if the prisoner has had three or more suits …
Second Circuit Explains §1915 Strikes and Imminent Danger by Mark Wilson Second Circuit Explains §1915 Strikes and Imminent Danger By Mark Wilson The Second Circuit Court of Appeals held that a lower court abused its discretion in denying a pro se prisoner leave to amend his complaint to allege an …
New York Parolee Detained Without Hearing; City Not Entitled to Summary Judgment by Mark Wilson The Second Circuit Court of Appeals reversed a district court’s dismissal of a parolee’s wrongful imprisonment claims, holding that the defendant, New York City, was not entitled to summary judgment. On December 13, 2001, Keith …
New York: Double Jeopardy Prohibits Imposition of Post-release Supervision Once Defendant is Released from Custody by In a 5-2 decision on February 23, 2010, New York’s Court of Appeals, the state’s highest court, ruled that the double jeopardy clause of the U.S. Constitution prohibits the resentencing of a defendant to …
Paroled Killers Rarely Re-Offend by Michael Brodheim by Mike Brodheim Judging by the statistics, Reginald Powell, 54, may be the proverbial exception to the rule – the rule, in this case, being that convicted murderers who are granted parole only rarely re-offend. In 1984, Powell was convicted of the shooting …
Discovery and Explanation Required Before Converting Motion into Motion for Summary Judgment by Brandon Sample By Brandon Sample Before converting a motion to dismiss into a motion for summary judgment, district courts must first give pro se parties (i) the opportunity to take relevant discovery, and (ii) an explanation of …
Plan for 1983 Cases City of NY Protective Order censorship 2011 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ----------------------------------------------------------------------- x IN RE Plan for Certain § 1983 Cases Against the City of New York PROTECTIVE ORDER ----------------------------------------------------------------------- x WHEREAS, on May 25, 2011, the Court adopted the Plan …
Jackson v. Jesus Tellado et al, NY, police racial bias, Complaint, 2011 rtL.cu Case 1:11-cv-03028-PKC-SMG Document 1 Filed 06/24/11 IN CLERK'S OFFICE Page US 1 of 43 PageID 1 DISTRICT COURT #: E.D.N.Y. * UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK JUN 2 4 2011 BRO~-wua~~~·. : ~~.·~' …
New York Jury Awards Wrongfully Convicted Man $18.5 Million, but Court Grants Motion to Set Aside Verdict by On November 2, 2010, a New York federal jury awarded $18.5 million to a man who was cleared of a rape conviction after serving more than two decades in prison. At the …
PHS and NY Jail Employees Have Conflict of Interest with Legal Representation by A federal district court found that a conflict of interest existed with the Corporate Counsel of the City of New York (Corporate Counsel) representing individual employees of Prison Health Services (PHS), because they had conflicting defenses. The …
New York Ex-Jail Doctor Charged With Selling Prescription Painkillers by The former clinical director of the jail in Nassau County, New York was charged in December 2010 with selling oxycodone, oxycontin and roxycodone without performing patient evaluations or exams. Martin Roginsky, 82, was charged with ten felony counts of criminal …
Gomez v. Fisher Et Al, NY, Complaint, 2011 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 1 of 71 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 2 of 71 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 3 of 71 Case 1:11-cv-00476-WMS-LGF Document 1 Filed 06/07/11 Page 4 of 71 Case 1:11-cv-00476-WMS-LGF …
Death Review of Detainee Irene Bamenga ICE Report 2011 Office of Professional Responsibility U.S. Department of Homeland Security 950 L’ Enfant Plaza Washington, DC 20024 DETAINEE DEATH REVIEW Case Number Detainee Alien Number Citizenship Date of Death Detention Facility Facility Type 201111495 Irene BAMENGA (b)(6), (b)(7)c France July 27, 2011 …
Wallace v. Montgomery County Sheriff Dept., NY, Jury Instructions, Unlawful Arrest, 2011 INSTRUCTION 2.02.1 Burden of Proof—Preponderance of Evidence At various times in these instructions I will use the term "burden of proof" in order to inform you which party has the burden of proof on a particular claim or …
Second Circuit Rejects Bivens Claim against Judges for Attorney Compensation by On August 28, 2009, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a lawsuit by a public defender who alleged that he was undercompensated in violation of his right to due process. David Bliven …
Judge Declines to Terminate Orders Requiring Air-conditioned Housing for Heat-sensitive Prisoners by Brandon Sample New York U.S. District Court Judge Harold Baer, Jr. has declined to terminate a series of orders requiring New York City jail officials to house “heat-sensitive” prisoners in air-conditioned cells when temperatures reach 85 degrees Fahrenheit …
New York Prisoner Awarded $316.93 for Lost Property by A New York Court of Claims awarded a prisoner $316.63 for the loss of his property by prison officials. Acting pro se in the bailment claim, prisoner James Towner claimed that when his property was received from Marcy Correctional Facility at …
Raid of Wrong House Results in $300,000 Judgment Against United States by Brandon Sample By Brandon Sample A federal judge has awarded $300,000 to a woman whose house was wrongfully raided by agents from the ATF. On February 25, 2004, agents from the ATF executed a search warrant at Lillian …
Second Circuit Orders District Court to Decided Vote Dilution Case by On June 1, 2006, the Second Circuit court of appeals remanded a case challenging the legality of the New York felon disenfranchisement laws (FDL), New York Constitution, Art. II, § 3 and New York Election Law § 5-106. This …
New York Prisoner Awarded $750 Following Assault by On November 26, 2007, New York prisoner, George Combes, was awarded $750 for injuries he suffered during an assault by another prisoner. He was in protective custody at the time of the incident, as was his attacker. State officials conceded liability in …
