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Continuing Violation Doctrine Applies to Deliberate Indifference in New York

Article • March 15, 2011 • from PLN March, 2011

Filed under: Systemic Medical Neglect, Limitations, Federal Statutory Law, Americans with Disabilities Act, Rehabilitation Act

Continuing Violation Doctrine Applies to Deliberate Indifference in New York by The Second Circuit Court of Appeals has held that the continuing violation doctrine applies to a New York prisoner’s deliberate indifference claim under the Eighth Amendment. Jose J. Shomo was confined by the New York City Department of Corrections …

NY Prisoner May Refuse Life-Saving Medical Treatment

Article • March 15, 2011

Filed under: Medical, Diabetes, Consent to Treatment

NY Prisoner May Refuse Life-Saving Medical Treatment by The New York Supreme Court refused to authorize prison officials to treat a prisoner’s diabetes without his consent. New York prisoner Joseph Barbati suffered from Type II diabetes but refused his insulin shots “because, in his opinion, the side effects of insulin …

Black v. Codd, NY, Order, arrest of witness, 1977

Brief • March 7, 2011

Filed under: False Arrest

Black v. Codd, NY, Order, arrest of witness, 1977 Case 1:10-cv-05297-RRM-MDG Document 8-2 Filed 03/07/11 Page 1 of 3 PageID #: 83 Case 1:10-cv-05297-RRM-MDG Document 8-2 Filed 03/07/11 Page 2 of 3 PageID #: 84 Case 1:10-cv-05297-RRM-MDG Document 8-2 Filed 03/07/11 Page 3 of 3 PageID #: 85

New York City Pays $9.9 Million to Settle Wrongful Conviction Suit

Article • February 15, 2011 • from PLN February, 2011

Filed under: Police Misconduct, Malicious Prosecution, Settlements, Sentencing, Wrongful Conviction, Wrongful Imprisonment, False Arrest

New York City Pays $9.9 Million to Settle Wrongful Conviction Suit by The City of New York will pay $9.9 million to a man who was wrongfully accused, arrested, convicted and imprisoned as the result of actions by disgraced former New York City police detective Louis J. Eppolito, who is …

$33 Million Settlement in New York City Jails Strip Search Class-Action

Article • February 15, 2011 • from PLN February, 2011

Filed under: Searches, Strip Searches, Arrestee Searches, Settlements

$33 Million Settlement in New York City Jails Strip Search Class-Action by Matthew Clarke by Matt Clarke On March 16, 2010, New York City agreed to settle a long-standing class-action lawsuit challenging the strip search policy used in the city’s jails. The settlement was for over $33 million, which included …

$450,000 Award in New York Prisoner’s Negligence Claim

Article • February 15, 2011 • from PLN February, 2011

Filed under: Medical, Injury -- Misc., Muscular, Malpractice

$450,000 Award in New York Prisoner’s Negligence Claim by A New York Court of Claims has awarded $450,000 for injuries incurred as a result of a prison doctor negligently injecting a corticosteroid directly into a prisoner’s Achilles tendon. Prior to his incarceration in 1988, New York state prisoner Kent Kruemer …

$300,000 Settlement for New York Guard’s Fondling of Prisoner

Article • January 15, 2011 • from PLN January, 2011

Filed under: Staff-Prisoner Assault, Searches, Pat Searches

$300,000 Settlement for New York Guard’s Fondling of Prisoner by The New York State Department of Correctional Services agreed to pay $300,000 to settle a prisoner’s Eighth Amendment claim involving a sexual assault. Arthur Kill Correctional Facility prisoner Stephen Lewis advised his unit guard on November 8, 2007 that he …

Federal Prisoners Making Solar Cells

Article • January 15, 2011 • from PLN January, 2011

Filed under: Work, Prison Industries

Federal Prisoners Making Solar Cells by Spire Corp., a solar cell manufacturer, has inked a deal worth approximately $55 million with UNICOR, the prison labor arm of the Bureau of Prisons (BOP), to establish a solar module manufacturing program at the Federal Correctional Institution (FCI) in Otisville, New York. Under …

Solomon v. Nassau County, NY, Order, Prison Pest Control, 2011

Brief • January 7, 2011

Filed under: DOC/BOP misconduct, Conditions of Confinement, Sanitation

Solomon v. Nassau County, NY, Order, Prison Pest Control, 2011

$195,000 Award for Injury Resulting from NY Prison Garbage Detail

Article • December 15, 2010 • from PLN December, 2010

Filed under: Prison Labor, Workplace Injury, Work Conditions/Safety, Medical, Skeletal Injury

$195,000 Award for Injury Resulting from NY Prison Garbage Detail by A New York Court of Claims has awarded a former prisoner $195,000 for injuries she sustained while working on a garbage detail. In an April 29, 2008 order, the court found the State of New York 100% liable. The …

New York Prison Officials Ordered to Produce Prisoner’s Grievances in Discovery

Article • December 15, 2010 • from PLN December, 2010

Filed under: Conditions of Confinement, Lighting, Discovery

New York Prison Officials Ordered to Produce Prisoner’s Grievances in Discovery by On December 4, 2009, a New York Court of Claims ordered prison officials to produce copies of a prisoner’s grievances, but denied the claimant’s motion to produce grievances filed by other prisoners. Before the Court was a motion …

Reynolds v. Schriro, NY, Court Order, Prisoner Health Services, 2010

Brief • November 23, 2010

Filed under: Medical, Restraints

Reynolds v. Schriro, NY, Court Order, Prisoner Health Services, 2010 Case 1:81-cv-00107-RJS Document 154-1 Filed 11/23/10 Page 1 of 2 Medical Conditions For Which Mechanical Restraints Are Contraindicated Pregnancy or Any Complication of a Pregnancy (bleeding, pre-eclampsia, DVT, medical complications of pregnancy, high risk pregnancies) Hypercoagulable conditions (pregnancy, post-surgery, post-trauma, …

New York Prison Official Nets $500,000 in Fraudulent Scheme; Audit Finds 17 Years of Unchecked Corruption

Article • November 15, 2010 • from PLN November, 2010

Filed under: Misconduct/Corruption, DOC/BOP misconduct, Criminal Prosecution

New York Prison Official Nets $500,000 in Fraudulent Scheme; Audit Finds 17 Years of Unchecked Corruption by Mark Wilson A joint audit/investigation by the New York State Comptroller and Inspector General uncovered a 17-year fraudulent scheme by the former director of the New York Department of Correctional Services (NYDOCS) Food …

Belvett v City of NY, NY, Order of Settlement, excessive force failure to treat, 2010

Brief • November 8, 2010

Filed under: Failure to Treat, Excessive Force

Belvett v City of NY, NY, Order of Settlement, excessive force failure to treat, 2010 Case 1:09-cv-08090-VM-AJP Document 46 Filed 11/08/10 Page 1 of 4 Case 1:09-cv-08090-VM-AJP Document 46 Filed 11/08/10 Page 2 of 4 Case 1:09-cv-08090-VM-AJP Document 46 Filed 11/08/10 Page 3 of 4 Case 1:09-cv-08090-VM-AJP Document 46 Filed …

New York State Police, Trooper Jason J. Lewis Notice of Suspension, 2010

Publication • October 29, 2010

Filed under: Police Misconduct, Police/Govt Misconduct

New York State Police, Trooper Jason J. Lewis Notice of Suspension, 2010 LEWIS , JASON J TROOPER TYPE: Personnel CASE# 20100232 FINDING: Founded Complainant: STEPHEN NEVINS Complaint ofPersonnel Investigation 20100232 Type: Sub Type P.ersonnel 4/22/20 10 Incident Date/ Time Report Due 4:00 PM Level Inv. 6/7/2010 Troop: T Commissioned Officer …

Smith v. County of Nassau, NY, Complaint, False Arrest, 2010

Brief • October 22, 2010

Filed under: False Arrest

Smith v. County of Nassau, NY, Complaint, False Arrest, 2010 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------X MICHAEL SMITH, Docket No.: Plaintiff, COMPLAINT -against- Jury Trial is Demanded COUNTY OF NASSAU, Police Officer TIMOTHY SLEVIN, in his official and individual capacities, Police Officer JAMES HEALEY, in his …

New York Prisons Avoid Budget Axe

Article • October 15, 2010 • from PLN October, 2010

Filed under: Crime/Demographics, Crime, Statistics/Trends, Staffing

New York Prisons Avoid Budget Axe by David Reutter by David M. Reutter With the State of New York having 5,000 empty prison beds and a large budget deficit, it would seem the logical decision would be to save taxpayer dollars by closing some prisons. That, however, is not the …

Fake Rape Claim Puts Woman in Prison

Article • October 15, 2010 • from PLN October, 2010

Filed under: Searches, DNA Testing/Samples, Criminal Prosecution, Wrongful Conviction

Fake Rape Claim Puts Woman in Prison by Brandon Sample A New York woman who falsely claimed she had been raped was sentenced in February 2010 to 1 to 3 years in prison on perjury charges. In 2005, Biurny Peguero Gonzalez told investigators that William McCaffrey, a Bronx construction worker, …

Expanded Eligibility for New York Medical Parole Has Little Effect

Article • October 15, 2010 • from PLN October, 2010

Filed under: Furloughs, Medical, Medical Expenses, Parole

Expanded Eligibility for New York Medical Parole Has Little Effect by Matthew Clarke by Matt Clarke In April 2009, New York passed a statutory amendment that expanded the state’s compassionate release program for terminally ill prisoners. The amendment permitted medical parole for prisoners convicted of certain violent crimes who were …

New York Prison Chaplain Accused of Smuggling Weapons

Article • October 15, 2010 • from PLN October, 2010

Filed under: Religious Freedom, Clergy

New York Prison Chaplain Accused of Smuggling Weapons by Zul Qarnain Abdu-Shahid, 58, a Muslim chaplain for the New York City Department of Corrections (NYDOC), was arrested on February 3, 2010 for attempting to introduce contraband into the Manhattan Detention Complex; he was temporarily held on $50,000 bond after his …