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Article • October 15, 2008 • from PLN October, 2008
Jail Prisoners Get Rapid HIV Tests by A relatively new rapid HIV test has been used on over 31,000 jail prisoners in four different states. The testing was made possible by grants from the Centers for Disease Control (CDC). The grants were part of a project to expand the use …
Article • October 15, 2008 • from PLN October, 2008
Federal Prisoner May Not be Held Indefinitely in Punitive Housing Pending Investigation of Infraction by Federal Prisoner May Not be Held Indefinitely in Punitive Housing Pending Investigation of Infraction The U.S. District Court for the Eastern District of New York has held that a federal prisoner, removed from the general …
Article • October 15, 2008 • from PLN October, 2008
New York Mail Rule Disciplinary Conviction Reversed by The Appellate Division, Fourth Department, of the New York Supreme Court has ordered the removal from a prisoner’s institutional record of a misbehavior report for failing to comply with correspondence rules. Curtis Davis, a prisoner at New York’s Attica prison, commenced an …
Brief • October 15, 2008
Mull v. New York, NY, Complaint, Rikers Excessive Force Causing Brain Injury, 2008
Brief • October 6, 2008
Martinez v. Thompson, NY, Mtn. for Atty Fees, Excessive Force Causing PTSD, 2008 Case 9:04-cv-00440-DEP Document 180-4 Filed 10/06/08 Page 1 of 32 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ------------------------------X ANGEL MARTINEZ, Plaintiff, -against- Case No. 04 CV 0440 (DEP) SCOTT THOMPSON, et. aI., Defendants. ------------------------------x MEMORANDUM …
Article • September 15, 2008 • from PLN September, 2008
New York Prisoner Awarded $21,500 for Finger Injury by On September 13, 2007, a court of claims in Syracuse, New York, awarded $12,500 to a state prisoner for pain and suffering related to a broken finger. While imprisoned at the Oneida Correctional Facility on October 24, 2001, state prisoner Patrick …
Brief • September 15, 2008
Cameron v. City of New York, NY, Pltf Memorandum Motion in Limine, police misconduct training, 2008 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK --------------------------------------------------------------X KAREN CAMERON and SYLVIA ) HIGGENBOTTOM, ) Plaintiffs, ) ) - against ) ) THE CITY OF NEW YORK, et al., ) ) Defendants. …
Brief • September 5, 2008
Cameron v. City of New York, NY, Motion in Limine, police misconduct training, 2008 PRELIMINARY STATEMENT Plaintiffs Karen Cameron and Sylvia Higgenbottom submit this memorandum of law in support of their pre-trial motions. In their motions, plaintiffs seek an Order, pursuant to Rules 104 and 401-403 of the Federal Rules …
Brief • August 20, 2008
Filed under: Police Misconduct
Coggins v. Nassau County, NY, Indemnification Agreement, police civil rights violation, 2008 Case 2:07-cv-03624-JFB-AKT Document 41 Filed 08/20/08 Page 41 of 45 PageID #: 488 EXHIBIT (CO)) Case 2:07-cv-03624-JFB-AKT Document 41 Filed 08/20/08 Page 42 of 45 PageID #: 489 THOMAS R. SUOZZI CountyExecutive LORNA B. GOODMAN CountyAttorney COUNTY OF …
Article • August 15, 2008 • from PLN August, 2008
New York Man Wins $640,000 for Unjust Incarceration by The state of New York has agreed to pay $640,000 to a man who it unjustly incarcerated for five years to dismiss the lawsuit he filed after his convictions were vacated because the evidence clearly indicated that he wasn’t involved in …
“Special Circumstances” Justify Non-Exhaustion in Second Circuit by The Second Circuit Court of Appeals has excused a New York prisoner’s failure to exhaust available administrative remedies under the Prison Litigation Reform Act (PLRA). The court found that prison officials’ erroneous refusal to investigate a claim, and frustration of administrative review …
Article • August 15, 2008
Filed under: Medical, HIV/AIDS
Discovery of AIDS Doesn't Render Sentence Cruel And Unusual by On February 9, 1990, a New York court held that a prisoner who subsequent to sentencing discovered he had AIDS could not have his sentence set aside as being cruel and unusual. Angel Escobales, a New York state prisoner, pleaded …
Article • August 15, 2008
Citizenship Not Required for Damages Award by The court erroneously instructed the jury that the plaintiff had to be an American citizen to recover; the court vacates the jury verdict to avoid the "appearance of prejudice." However, the court directs entry of judgment as a matter of law against the …
Loss of Disciplinary Witness Testimony Okay by The court assumes that 600 days in SHU is a deprivation of liberty but dismissed the plaintiff's due process claim on other grounds. The temporary loss of the taped testimony of a witness--the victim of the alleged assault--who was interviewed in the hospital …
New York Does DOCs Double Celling Suit Dismissed by The New York State prison system's practice of double-celling at Woodbourne Correctional Facility does not violate the Eighth Amendment. There was no evidence of denial of adequate food, medical care, or clothing. Protection from Inmate Assault (627, 629): There was little …
Article • August 15, 2008
NY Good Time Deprivation Challenge Must be Under Habeas by The Time Allowance Committee deprived the plaintiff of good time on two occasions, one involving several prior disciplinary convictions and the other involving a single conviction. The plaintiff may not challenge this deprivation via 1983; it must be pursued via …
No Due Process Required for Nutraloaf or Plexiglas Cell Placement by Placement of the plaintiff in a cell with a Plexiglas shield and imposition of a restricted diet ("Nutriloaf") as a sanction for repeatedly throwing feces at staff did not violate the Eighth Amendment. The claim is governed by the …
Class of Plaintiffs and Defendants Certified in Mental Health Suit by The plaintiff alleged that, notwithstanding a state court decision striking down the state statutory provisions for commitment of persons deemed incompetent to stand trial, those standards were still being applied at a number of Office of Mental Health facilities. …
No Sexual Assault Claim Based on Abusive Metal Detector Search by The plaintiff alleged that an officer shoved a hand-held metal detector between his buttocks. He was fully clothed. He was later issued a one-day deprivation order and a misbehavior report for refusing a direct order, violating frisk procedures, and …
Article • August 15, 2008
Second Circuit Discusses 26 Year History of Arrestee Property Right Violations by The plaintiff complained that he was deprived of his automobile and jewelry without due process because they were not returned to him after his arrest and he was not informed of the procedure to get them back. The …
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