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Article • July 15, 2010 • from PLN July, 2010
Second Circuit Ruling in Post-9/11 Immigration Detention Case by Matthew Clarke by Matt Clarke On December 18, 2009, the Second Circuit Court of Appeals issued an opinion in a federal class-action suit brought by illegal immigrants arrested in sweeps following the 9/11 attacks and incarcerated at the Metropolitan Detention Center …
Article • July 15, 2010 • from PLN July, 2010
Former New York Corrections Commissioner Receives Four-Year Prison Sentence by Matthew Clarke by Matt Clarke On February 18, 2010, a New York federal judge sentenced Bernard “Bernie” Kerik, 54, to four years in federal prison after Kerik pleaded guilty to five counts of making false statements to federal agents, two …
Article • July 15, 2010 • from PLN July, 2010
Convictions Upheld in Appeal of Lynne Stewart, Attorney to Blind Sheikh, but Case Remanded for Resentencing by Justin Miller On December 23, 2009, a federal appeals court upheld the convictions of disbarred defense attorney Lynne Stewart and criticized what it called a “strikingly low sentence” for her offenses, which were …
Article • July 15, 2010 • from PLN July, 2010
Release Conditions Requiring Defendant to Tell Probation Officer about Romantic Relationships Vacated by On January 7, 2010, the U.S. Court of Appeals for the Second Circuit vacated a condition of supervised release that required a federal defendant to notify probation officials each time he entered into a “significant romantic relationship.” …
Article • July 15, 2010 • from PLN July, 2010
New York Prisoner Beaten, Guards Convicted, GEO Settles Suit for $80,000 by Matthew Clarke by Matt Clarke On July 7, 2009, three private prison guards were convicted of charges involving the unjustified beating of a New York prisoner in 2007. [See: PLN, Sept. 2009, p.50; July 2009, p.50]. A fourth …
Article • July 15, 2010
Filed under: Informants, Media
Being Called an Informant Not Defamation by On November 25, 2009, the U.S. Court of Appeals for the Second Circuit affirmed the dismissal of a suit filed by a prisoner who claimed that he was defamed when two newspapers reported that he intended to cooperate with authorities. Shemtov Michtavi sued …
Brief • June 18, 2010
United States v. Erie County, NY, Settlement, Mental Health Conditions, 2010 Case 1:09-cv-00849-WMS-JJM Document 89-2 Filed 06/18/2010 Page 1 of 25 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK ____________________________________ UNITED STATES OF AMERICA, v. Plaintiff, ERIE COUNTY, NEW YORK; CHRIS COLLINS, COUNTY EXECUTIVE; ANTHONY BILLITTIER, IV, MD, COUNTY …
BOP Agrees to Pay $30,000 to Prisoner Assaulted by Guards by On July 14, 2009, the Federal Bureau of Prisons (BOP) agreed to settle a lawsuit filed by a prisoner who was beaten by guards. On or about April 11, 2006, while being escorted to the Special Housing Unit (SHU) …
Article • June 15, 2010 • from PLN June, 2010
$60,000 Settlement in New York Jail Captain’s Assault on Prisoner by The City of New York paid $60,000 to settle a prisoner’s civil rights action. The case was succinctly defined as an incident where New York Department of Corrections (NY DOC) Captain Reginald Patterson not only “gratuitously punched an inmate, …
New York’s Catch-All Contraband and Anti-Smuggling Rules Unconstitutionally Vague by In a suit for damages and injunctive relief, the Second Circuit Court of Appeals affirmed the district court’s de-termination that prison prohibitions against “smuggling” and “contraband” were unconstitutionally vague as applied to Mujahid Farid, a New York state prisoner serving …
Article • June 15, 2010 • from PLN June, 2010
New York City Jail: $275,000 Settlement in Prisoner-on-Prisoner Assault by The City of New York paid $275,000 to settle a prisoner’s lawsuit claiming he sustained serious injuries as a result of a guard’s negligence. The suit was filed by Ryan Scott, who was incarcerated at the George R. Vierno Center …
New York Prisoner Gets Mixed Verdict in Retaliatory Beating Ruling by The Second Circuit Court of Appeals delivered a mixed verdict in an appeal by New York state prisoner Cesar A. Espinal. Espinal’s § 1983 suit, which was filed pro se, accused a total of 14 guards and other prison …
Reversal of Summary Judgment on 55-Day New York SHU Placement Claim by The Second Circuit Court of Appeals has reversed the grant of summary judgment to a prison hearings officer in a lawsuit concerning a prisoner’s improper placement in administrative segregation. On January 3, 2001, New York state prisoner Samuel …
Zavala v. New York, NY, RJH endorsed Stipulation and Order of Compromise re Anthony Negron (2010) Case 1:09-cv-07694-RJH Document 15 Filed 06/09/2010 Page 1 of 3 Case 1:09-cv-07694-RJH Document 15 Filed 06/09/2010 Page 2 of 3 Case 1:09-cv-07694-RJH Document 15 Filed 06/09/2010 Page 3 of 3
Zavala v. New York, NY, RJH endorsed Stipulation and Order of Settle and Dismissal (2010) Case 1:09-cv-07694-RJH Document 14 Filed 06/09/2010 Page 1 of 4 Case 1:09-cv-07694-RJH Document 14 Filed 06/09/2010 Page 2 of 4 Case 1:09-cv-07694-RJH Document 14 Filed 06/09/2010 Page 3 of 4 Case 1:09-cv-07694-RJH Document 14 Filed …
Bailey v. Pataki, NY, Memorandum, Involuntary Admittance to Hospitals, 2010 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KENNETH BAILEY, Plaintiff, -againstGEORGE PATAKI, et. al., Defendants. Case No. 08-Civ-8563 (JSR) Memorandum in Law in Support of Plaintiff’s Motions for Preclusion of Prejudicial Evidence and for Bifurcation TABLE OF CONTENTS …
Brief • 2010
Jane Doe v. State of New York, NY, Settlement, 2010 of Sam Son of Settlement Papers Papers Model Settlement & MAGOOLAGHAN KOOB & Attorneys at Law 221 DEVOE DEVOE AVENUE AVENUE 221 TELEPHONE:(914) (914)964-8888 964-8888 TELEPHONE: YONKERS, NEW YONKERS, NEWYORK YORK10705 10705 FACSIMILE: (914)964-8801 964-8801 FACSIMILE: (914) ELIZABETH L. L, …
Brief • May 28, 2010
Brown v. City of New York, Order Extending Service, False Arrest, 2010 Case 1:09-cv-01809-RJD-MDG Document 27 Filed 05/28/10 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK - - - - - - - - - - - - - - - - - - - …
Article • May 15, 2010 • from PLN May, 2010
$5,000 Award in New York Prisoner’s Retaliation Suit by Following a bench trial, a New York federal district court awarded a prisoner $5,000 in a lawsuit alleging that a guard retaliated against him for exercising his First Amendment rights. The civil rights action was filed by state prisoner Karl Ahlers, …
$12,000 Award to Wheelchair-Bound NY Prisoner for Fall off Loading Ramp by A New York Court of Claims awarded a prisoner $12,000 for injuries incurred by a fall off a curb while in a wheelchair. Prisoner Darin Carathers became a paraplegic after sustaining a gun shot wound to the neck …
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