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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 …
Article • May 15, 2011
Second Circuit: Jail Can Deny Paralegals with Prior Felonies Privileged Visits by On May 13, 2003, the Second Circuit court of appeals held that a New York jail could deny privileged visitation rights to paralegals with prior felony convictions. Rogers Hicks and John Ives are paralegals with prior felony convictions …
Second Circuit: Subjective Standard Applies to Pretrial Detainee Due Process Claims by On September 22, 2009, the Second Circuit joined the 1st, 4th, 5th, 6th, 7th, 8th, 10th and 11th circuits in holding that the subjective standard for deliberate indifference set forth by the U.S. Supreme Court in Farmer v. …
$19.6 Million Verdict in Nassau County New York for Arrestee Run Over By Police by On February 19, 2010, a federal jury awarded $16.6 million to a former construction worker who was run over by a cop in 2005. Thomas Hartman sued Nassau County detective Karl Snelders after Snelders ran …
Article • May 15, 2011
Filed under: Classification, Smoking
$150 Award to New York Prisoner for Top Bunk Placement by A New York Court of Claims awarded a prisoner $150 for an injury sustained due to improperly being in an upper bunk. The award to Auburn Correctional Facility prisoner Cedric Reid was for a mild sprain that occurred while …
Court Orders ICE to Produce Metadata in Responding to FOIA Request by U.S. District Judge Shire A. Scheindlin has ordered the U.S. Immigration and Customs Enforcement Agency (ICE) to turn over thousands of documents and emails in electronic format. The plaintiffs, immigration rights organizations, sought records from ICE concerning its …
Article • May 15, 2011 • from PLN May, 2011
No Interlocutory Appeal from Denial of Motion for Reconsideration; $6,000 Settlement in New York Jail Abuse Case by The collateral order doctrine does not allow government defendants to take an interlocutory appeal from the denial of a motion for reconsideration of a district court’s denial of qualified immunity, the Second …
Publication • May 2, 2011
New York State Police, Trooper Joseph P. Kaoet Letter of Censure, 2011 ' KADET I JOSEPH P TROOPER TYPE : Personnel CASE# 20110035 FINDING: Founded - Complainant: FRANK KEYSER - Complaint of Personnel Investigation 2011003 5 Personnel Type: Sub Type 1/15/2011 Incident Date/Time Report Due 8 :20 PM 2/24/2011 Level …
Article • April 15, 2011
NYPD Cops Can Be Subjected to Drug Testing Without Collective Bargaining by The Police Commissioner of New York City may require NYPD officers to submit to drug testing of their hair without undergoing collective bargaining, New York’s highest court decided December 17, 2009. The officers’ union had argued that the …
Article • April 15, 2011
Class-Action Status Granted in Erie County, New York, Strip Search Lawsuit by On June 6, 2010, a New York federal court granted class-action status to the plaintiffs in a 42 U.S.C. § 1983 civil rights lawsuit challenging the blanket strip search policy in place in Erie County, New York, jails …
Article • April 15, 2011
New York Supreme Court Denies Challenge to the Voluntariness of Plea by The Supreme Court of New York, Appellate Division, denied a prisoner’s challenge of the voluntariness of his plea agreement despite waiving his right to appeal. Claudio Nunez was charged in Sullivan County with aggravated harassment of a guard …
Article • April 15, 2011
Reduction of Attorney Fees Affirmed in 2nd Circuit by In a case decided on February 16, 2010, the 2nd Circuit affirmed a district court’s decision to award less than the requested attorney fees in a class action suit filed against Schenectady County, New York. Attorneys in the suit include Elmer …
Second Circuit Rejects Due Process Challenge to SORNA Conviction by On December 16, 2009, the U.S. Court of Appeals for the Second Circuit upheld a sex offender’s conviction under the Sex Offender Registration and Notification Act (SORNA) against a due process challenge. Travis Hester was convicted of a sex offense …
Article • April 15, 2011
New York Prisoner Awarded $650 for Excessive Confinement by On October 5, 2009, New York prisoner Valerie Gaiter was awarded $650 in a New York Claims Court as compensation for 65 days she was wrongfully confined following a disciplinary conviction. At her disciplinary hearing, the hearing officer refused to allow …
Article • April 15, 2011 • from PLN April, 2011
New York Taxpayers Foot the Bill for Late Prison Vendor Payments by Brandon Sample Paying your bills on time is a basic element of efficient fiscal management. Apparently, however, it is a basic element that the New York Department of Correctional Services (DOCS) failed to master, since the Department’s tardy …
Brief • April 15, 2011
Filed under: Malicious Prosecution
Deskovic v. City of Peekskill, NY, Approval of Settlement, malicious prosection, 2011
Prison Health Services Doctors Caught in Scandals by In a two-week period in July 2010, two doctors employed by Prison Health Services (PHS) were involved in scandals that led one to resign while the other was arrested. PHS regional medical director Dr. Trevor P. Parks was accused of not being …
Article • March 15, 2011 • from PLN March, 2011
Filed under: News, State Legislation
Second Circuit: New York’s Persistent Felony Offender Statute Held Constitutional in En Banc Ruling by Matthew Clarke by Matt Clarke The Second Circuit Court of Appeals found that New York’s Persistent Felony Offender Statute (PFOS), N.Y. Penal Law § 70.10 , which allows enhancement of sentences for prior felony convictions, …
Article • March 15, 2011 • from PLN March, 2011
Filed under: Civil Procedure, Costs
Second Circuit Holds Costs May be Denied to Prevailing Party on Appeal by The prevailing party on appeal may be denied costs when, in a court’s discretion, taxing costs is deemed inequitable, the U.S. Court of Appeals for the Second Circuit held on November 2, 2009. New York resident Richard …
Second Circuit Reverses Denial of RLUIPA Dietary Claim by The Second Circuit Court of Appeals reversed a district court’s dismissal of the religious diet claims of two New York prisoners who practiced a religious faith called “Tulukeesh.” In 2003, New York prisoner Tyheem Keesh sought permission to practice his religion, …
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