No Sanctions for Meritless Motion to Strike by The pro se plaintiff should not be sanctioned for filing a meritless motion to strike. The motion was obviously modeled after a sample Rule 12(f) motion and appeared to be a misguided attempt to respond to the defendants' answers in the appropriate …
New Trial Ordered in NY False Arrest and Beating Suit by The jury found that the plaintiff had been falsely arrested and detained and had been the object of excessive force, but awarded only $1.00 in nominal damages. If the evidence shows that a plaintiff's injuries were caused by excessive …
Prison Strip and Pat Searches Upheld by The plaintiff's conclusory claim of retaliation for filing grievances and lawsuits are dismissed. Prison officials may not retaliate against prisoners for exercising their constitutional rights, but such claims must be viewed with skepticism and care because they are prone to abuse and can …
Informant’s Identity Not Disclosed in Disciplinary Hearing by The plaintiff in a disciplinary due process case sought disclosure of the identity of a confidential informant. The court denies it because it could endanger the informant's life and undermine security. Also, since the issue is whether 104 days in segregation was …
Retaliatory Discipline Suit Dismissed by The plaintiff alleged that he was disciplined and transferred in retaliation for conduct protected by the First Amendment. The defendants are granted summary judgment based on uncontroverted affidavits that they were not personally involved. The correction officer who issued the allegedly false misbehavior report was …
Court Cannot Reduce Federal Prison Sentence Due to Illness by The plaintiff was diagnosed with leukemia after being sentenced to a year in prison. The court has no authority to modify his sentence to let him serve it at home. The diagnosis does not constitute newly discovered evidence that would …
$3 in Damages, $1,920 in Costs Awarded to Stabbed, Disabled Prisoner by The plaintiff, a paraplegic, alleged that he was assaulted and stabbed by another prisoner with staff complicity. The jury found that a defendant had conspired to violate the Eighth Amendment and awarded $1.00 nominal, $1.00 compensatory and $1.00 …
No Class Certification Required Where Medicaid Rule Struck Down by The court denies class certification as an "unnecessary formality" after striking down a state Medicaid regulation, noting that the defendants had assured the court that they would apply a decision favorable to the named plaintiffs to all persons affected by …
Handcuffing Prisoner for Seven Hours in Cell May be Unconstitutional by The plaintiff was arrested for soliciting a prostitute. He was variously handcuffed behind his back, handcuffed to a hook 12 inches above the floor, and then handcuffed to the front of the cell in a standing position, despite his …
Attorney Fees Denied in NY Police Beating Suit, De Minimis Victory by A jury awarded $540 against each of two defendants in a police beating case. After 118 days (104 days longer than the Federal Rules permit), plaintiff moved for attorneys' fees. The court rejects the claim of excusable neglect. …
NY Child Protection Suit Settled for Expert Evaluation, No Injunction by The court approves the settlement concerning child protection in New York City, which provides for a panel of experts to comprehensively evaluate the operations of the Agency for Children's Services but provides no specific injunctive relief. It bars future …
No Extension for Late Discovery Requests, Case Dismissed by The defendants moved for summary judgment in a two-year-old case; the plaintiff asked that the motion be deferred for additional discovery, since he had just recently (four months previously) identified the offending police officer and was prepared to file discovery requests …
Second Circuit Discusses Qualified Immunity Analysis by At 66: "... [T]he initial question in the qualified-immunity inquiry should be whether the complaint sufficiently alleges the violation of a federal right . ..." The court does not mention the decision in Horne v. Coughlin, 178 F.3d 603 (2d Cir. 1999), which …
Appeal Bond Requirement Upheld by The plaintiff brought a copyright case and was required to post a $3500 bond to appeal the adverse decision. There is no due process right to an appeal or to absolute equality in the appellate process. However, when an appeal is afforded, it cannot be …
N.Y. Guard's Informing Prisoner's Wife of Another Woman's Visit Ruled Unintentional, Harmless by New York state prisoner Alex Torres filed suit after a prison visitation guard informed his wife that another woman had visited him, resulting in his divorce. The court dismissed his claim, holding that Torres had failed to …
Federal Sex Offender Must Register in New York by In 2004, Todd North, a federal prisoner, pleaded guilty to possession of child pornography in federal district court after being caught with images of children between ages 7 and 17 engaged in sex acts. He was sentenced to 24 days of …
New York Court Orders Parole Board to Decide Murderer’s Parole Based Solely on Recent Prison Record; Reversed on Appeal by by John E. Dannenberg The Manhattan Supreme Court ordered the New York Division of Parole (“Board”) to release a murderer unless it came up with a valid denial reason based …
Sovereign Immunity Bars FTCA Property Claims; S.Ct. Vacates Second Circuit Ruling by The Second Circuit Court of Appeals joined four other circuits in reversing a lower court’s dismissal of a Federal Tort Claims Act (FTCA) negligent property loss claim. A federal prisoner, identified only as ABC, was transferred to a …
New York Prisoner Required to Participate in Drug Treatment Despite His Conviction Being for Murder by New York state prisoner Javier Gomez appealed the 2005 dismissal of his pro se complaint to enjoin the Department of Correctional Services (DOCS) from requiring his participation in a drug treatment program. His required …
New York Prisoner's Crime and Sentence Prevents Family Reunion Program Participation by New York state prisoner Steve Williamson appealed the 2006 dismissal of his pro se action against the Department of Correctional Services (DOCS) for denying him participation in the Family Reunion Program (program). The state appellate court affirmed the …
