$250,000 Awarded to Former New York Prisoner Wrongly Convicted by Falsified Evidence by David Reutter by David M. Reutter A New York Court of Claims has awarded $250,000 to a former prisoner based on her claims of malicious prosecution and negligent supervision, after finding a State Police investigator had fabricated …
CRIPA Investigation Finds “Woefully Inadequate” Conditions in Erie County, NY Jails; Lawsuits Filed by Jimmy Franks An investigation conducted by the Civil Rights Division of the U.S. Department of Justice uncovered significant civil rights violations at two New York detention facilities – the Erie County Holding Center (ECHC) and the …
New York City Liable for Foreseeable Prisoner-on-Prisoner Murder by The Appellate Department of the New York Supreme Court held that because New York City (NYC) jail guards escorting a prisoner had “actual knowledge” of his previous violent assaultive behavior, they could not evade liability for the prisoner’s act of murdering …
$50,000 Award in New York False Arrest Claim by A New York jury awarded a man $50,000 for being falsely arrested. The arrest for possession of stolen property came after someone had stolen a laptop computer from the Administration of Child Services office. As a result of his arrest, Bernard …
Second Circuit Reinstates New York Jail Guard’s Excessive Force Conviction by Matthew Clarke by Matt Clarke The Second Circuit Court of Appeals reinstated the federal conviction of a New York jail guard for intentionally using excessive force on a prisoner in violation of 18 U.S.C. § 242. Zoran Teodorovic, a …
Small Amounts of Marijuana Not “Dangerous Contraband” Under New York Law, Court Rules by The possession or introduction of small amounts of marijuana into a New York state prison is not punishable as a felony, the New York Court of Appeals held. Robert Finley, a New York state prisoner, was …
$625,000 Jury Verdict in Negligence Suit for New York Hospital’s Failure to Protect Patient from Prisoner by In 1994 a New York County jury awarded a woman $625,000 in a lawsuit contending a hospital failed to coordinate a security plan with the Department of Corrections, resulting in a sexual assault …
New York State Police, Trooper Imani A. Kirkland Letter of Censure, 2009 KIRKLAND , IMANI A TROOPER TYPE: Personnel CASE# 20090357 FINDING : Founded Complainant: . Complaint ofPersonnel Investigation 20090357 Type: Sub Type Personnel Incident Date/Time Report Due 5/6/2009 9:35 AM 7/22/2009 Level Inv. T 1 Commissioned Officer Assigned No …
Third Circuit Upholds Ban on UCC Materials; Sixth Circuit Disagrees by Brandon Sample The Pennsylvania Department of Corrections (PDOC) may lawfully ban the receipt and possession of materials related to the Uniform Commercial Code (UCC), the Third Circuit Court of Appeals held on July 29, 2008. In a more recent …
New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court by Brandon Sample New York’s Correction Law § 24 Held Unconstitutional by US Supreme Court by Brandon Sample New York’s Correction Law § 24, which prevents prisoners from bringing 42 U.S.C. § 1983 actions for damages against prison …
$3,700 Award in NY DOCS Medical Negligence/Lost Property Claim by A New York Court of Claims awarded a prisoner $3,732.68 plus interest, for claims of medical negligence and lost property. Stephen Grant, a prisoner at Gowanda Correctional Facility, was assaulted on July 10, 1996 by members of a prison gang …
New York State Police, Trooper Jason J. Lewis Letter of Censure, 2009 TB-lSA PREVENTABLE TROOP VEHICLE ACCIDENT-REPORT OF ADJUDICATION (8/07) VAN DATE OF ACCIDENT/INCIDENT 08247 05/27/2009 TIME OF ACCIDENT/INCIDENT VEHICLE PLATE NUMBER J12:lS A.M. J2FS DRIVER'S NAME (FIRST, MI, LAST) jJa~on J. Lewis . SHIELD NUMBER STATION ORIGINAL FILE 3# …
District Court Erred in Sua Sponte Dismissal of Prisoner’s Challenge to Conditions of Confinement by The U.S. Court of Appeals for the Second Circuit reversed a district court’s sua sponte dismissal of a prisoner’s challenge to his conditions of confinement. Sala-Thiel Thompson, a federal prisoner, filed a habeas petition under …
Report Recommends Lawmakers Reinstate College Programs in Prison by David Reutter by David M. Reutter Citing the benefits of college prison programs, a report by the Correctional Association of New York recommended several policy changes to increase and recognize participation in degree-awarding programs. The report says the principal benefits of …
Absent Claim for Emotional Damages, Prisoner’s Psychotherapist-Patient Privilege Remains Intact by The Second Circuit U.S. Court of Appeals has entered a detailed opinion on the issue of psychotherapist-patient privilege when a district court is confronted with a request by prison officials to obtain a prisoner’s psychiatric records in discovery in …
Judge Not: Judges Benched for Personal Misconduct by by Gary Hunter & Alex Friedmann They decide hot-button topics ranging from abortion and racial discrimination to religious freedoms and contested elections. They can put you in prison or vindicate your civil rights. They can even sentence you to death. Who am …
Judge Sonia Sotomayor Denied My Appeal and I Spent 16 Years in Prison for a Crime I Didn’t Commit by Jeffrey Deskovic My name is Jeffrey Deskovic. At age 17, I was wrongfully convicted of murder and rape, a conviction that was based upon a coerced false confession, the fabrication …
Supreme Court Holds Supervisory Officials Not Liable for Abuse of 9-11 Detainees by Matthew Clarke by Matt Clarke On June 14, 2007, the Second Circuit Court of Appeals affirmed in part and reversed in part a district court’s denial of the government’s motion to dismiss a lawsuit alleging abuse of …
$500,000 Awarded to New York Prisoner Raped by Jail Guard; Vacated on Post-Trial Motion by A New York federal jury awarded a woman $500,000 in a lawsuit claiming that her constitutional rights were violated when a guard forcibly raped her. The verdict, however, found the sheriff was not guilty of …
New York Prisoner Awarded $5,000 for Assault by Cellmate by A New York Claims Court awarded a prisoner $5,000 for being assaulted by his cellmate. The Court found that prison officials knew or should have known that a threat existed and they failed to act to prevent it. While incarcerated …
