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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 …
Article • August 15, 2008
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 …
Article • August 15, 2008
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 …
Article • August 15, 2008
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 …
Article • August 15, 2008
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 …
Article • August 15, 2008
Filed under: Cancer, Blood, Sentencing
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 …
Article • August 15, 2008
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 …
Article • August 15, 2008
Filed under: Excessive Force, Restraints
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 …
Article • August 15, 2008
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. …
Article • August 15, 2008
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 …
Article • August 15, 2008
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 …
Article • August 15, 2008
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 …
Article • August 15, 2008
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 …
Article • August 15, 2008
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 …
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