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Article • July 15, 2008
Slip-Fall Injuries Net $3,250 for New York Prisoner by A New York prisoner who was injured when he slipped and fell on an electrical outlet box was awarded $3,250. Mr. Brito, a 38-year-old prisoner suffered low back pain, and developed ulcers from medication, when he slipped and fell on an …
Article • July 15, 2008
Wrongful Arrest Leads to Rikers Island Rape and $206,900 Verdict by A New York man who was wrongfully arrested, detained and raped by a prisoner was awarded $206,900. Mr. Wade, a 23-year-old cook was arrested while he was a store patron, because he fit the description of another person who …
Article • July 15, 2008
Paruresis Requires Medical Verification to Excuse Urinalysis Failure; Agreement Willingly Signed Upheld by New York City Transit Authority (Authority) and Transit Workers Union (TWU) employee Joseph Kwok brought action for U.S. Constitutional violations and racial discrimination after being demoted for urinalysis compliance failure. He allegedly suffered from paruresis (shy bladder …
Article • July 15, 2008
Filed under: HIV/AIDS, Sentencing, Probation
New York Court’s Probation-Due-to-AIDS Compassionate Sentence Reversed by New York Court's Probation-Due-to-AIDS Compassionate Sentence Reversed On October 4, 1991, a New York appellate court reversed the compassionate sentence of probation given to a prisoner infected with HIV and just before the onset of AIDS. Sandra Clark, a New York defendant, …
Article • July 15, 2008
New York Parolee Can Be Subject to Living/Contact Special Condition by New York’s Supreme Court, Appellate Division, has held that a parole officer had authority to impose a special condition that prohibited a parolee from living with or contacting a “virtual stranger.” The prisoner, Steven Dickman, sought to live with …
NY Prisoner’s Appeal of Prison Disciplinary Action on Grounds of Mental Illness Shot Down by On an undisclosed date, Samuel Higgins, a New York state prisoner was found guilty of fighting and causing a disturbance at a prison disciplinary hearing. His defense was that he was suffering a breakdown at …
NY Prisoner’s Disciplinary Action Reversed for Failure to Consider His Mental Health Problems by On August 15, 1989, Luis Rosado, a New York state prisoner, was referred to the psychiatric unit at the Clinton Correctional Facility. While en route, he cut a guard’s arm with a razor blade. The cut …
NY Prisoner’s Disciplinary Charges Dismissed Because of His Mental Illness by On February 25, 1985, Marco Trujillo was a New York state prisoner at the Clinton Correctional Facility. He crawled under his bunk and screamed all night and was taken to the mental health unit the next day. While on …
Article • July 15, 2008
Filed under: Work, Workplace Injury
No Damages Awarded for Job-Related Hand Injury by A female New York prisoner prevails but is awarded no damages for an on-the-job hand injury. Ms. Miner was a New York prisoner when her hand was caught in a plate roller she was operating. She sustained only minor injuries. Minor filed …
Article • July 15, 2008
New York DOC Settles Guard's Religious Observance Suit for $50,000 by Abdul Haqq, a New York state Department of Correctional Services (DOC) guard and devout Muslim, was ordered to stop wearing his kufi (small close-fitting skullcap) at work. He filed suit in federal district court, alleging that the same violated …
New York Prisoner Awarded $500 for 20 Days’ Wrongful Isolation by On June 21, 2006, a New York Court of Claims awarded $500 to a prisoner who claimed he was kept in “almost total isolation” for 20 days while housed at the Elmira Correctional Facility in order to attend two …
Rikers Island Guard Awarded $1 Million For Sexual Harassment By His Captain by Rikers Island (New York) prison guard Scott Singleton brought federal action against the City of New York for civil rights violations after sexual harassment by his captain ruined his home life and separated him from his daughter. …
Article • July 15, 2008
Suffolk County Jail Ordered To Provide Newspaper Access To Prisoners by Suffolk County (New York) Jail prisoner Donato Manicone brought federal civil rights action against the jail for denial of medical assistance and claimed that he was denied access to newspapers. The medical claim was dismissed as not factual but …
Brief • July 12, 2008
Filed under: Immunity/Liability
Roosevelt McCoy v. City of New York, et al, NY, Bifurcation letter, municipal liability immunity, 2008 ROSE M. WEBER ATTORNEY AT LAW 225 BROADWAY • SUITE 1607 NEW YORK, NEW YORK 10007 FAX: (212) 233-5633 TELEPHONE: (212) 748-3355 July 12, 2008 BY ECF Honorable James Orenstein United States Magistrate Judge …
Article • June 15, 2008 • from PLN June, 2008
New York Prisoner Awarded $322,000 For Hand Laceration by On September 19, 2007, a court of claims in White Plains, New York, awarded $322,000 to a state prisoner who suffered a severe hand laceration while opening a window at the Green Haven Correctional Facility in Stormville. In his lawsuit Jose …
Article • June 15, 2008 • from PLN June, 2008
New York Prisoner Awarded $112,000 For Leg Burns by On August 30, 2007, a court of claims in Syracuse, New York, awarded $112,000 to a prisoner who burned his legs while working in a prison kitchen. While imprisoned at the Watertown Correctional Facility on July 16, 1995, Daniel Marria was …
Article • June 15, 2008
Mental State Matters, But Not a Defense, In Prison Disciplinary Proceeding by On October 16, 1990, the Court of Appeals of New York held that, although a prison disciplinary hearing officer must consider the prisoner's mental state as a potential mitigation factor for punishment, mental state was not an affirmative …
Article • June 15, 2008
Injuries While Attempting to Flee New York Prison Riot Net $132,000 by A New York prisoner who was seriously injured during a riot was awarded $132,000 by the New York Court of Claims. On August 27, 1989, Ronald Duglan, a prisoner at New York’s Cayuga Correctional Facility, was caught in …
Article • May 15, 2008 • from PLN May, 2008
NY Court Dismisses Prisoner’s Assault Claim, Voids $500,000 Jury Award by NY Court Dismisses Prisoner's Assault Claim, Voids $500,000 Jury Award On March 15, 2007, a New York Civil Court dismissed a lawsuit filed by Riker's Island prisoner George Craig, who alleged that the City was liable for injuries he …
Article • May 15, 2008
No Due Process Violation for Holding Sex Offender Past Release Date by The plaintiff, a convicted sex offender, was not released until three months after his conditional release date because his residence was not approved until then. The requirements for approval were formalized only one day before his CR date. …
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