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Article • August 15, 2008
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 …
Article • August 15, 2008
Filed under: Sentencing, Parole
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 …
Article • August 15, 2008
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 …
Article • August 15, 2008
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 …
Article • August 15, 2008
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 …
Article • August 15, 2008 • from PLN August, 2008
Deal to Reconsider 1,000 Paroles Scotched When New York Governor Capitulates Over Cop Killer’s Case by John Dannenberg by John E. Dannenberg Faced with a pending federal class action lawsuit brought by New York state prisoners seeking relief from being denied parole based solely on the nature of their crimes, …
Article • August 15, 2008
Filed under: Medical, HIV/AIDS, Food
Prisoner With AIDS Not Entitled to Snack of Choice by The failure of the defendants to provide the HIV-positive plaintiff with the brand name dietary supplement he wanted was not deliberately indifferent. He raised only a difference of opinion about medical treatment. Defendants provided him with appropriate medical attention, including …
Article • August 15, 2008
Second Circuit Finds Personal Involvement, Reverses Dismissal of Bivens Claim by The Second Circuit of Appeals has reversed a lower court’s dismissal of a prisoner’s Bivens claim, alleging denial of glaucoma medication which caused his permanent blindness. In September 2001, DEA agents arrested Rodney Thomas in California on drug charges. …
Article • August 15, 2008
Losing Brutality Suit in State Court Bars Federal Claim by The plaintiff lost his use of force claim in the state Court of Claims; the court held that the preponderance of evidence showed that the officers followed DOCS routine. That decision precludes the plaintiff from relitigating the use of force …
Article • August 15, 2008
Criminal Conviction Doesn’t Bar Search Warrant Suit by The plaintiff could pursue Fourth Amendment claims arising from his criminal prosecution, notwithstanding the Heck rule and collateral estoppel, since the trial court's ruling that the search was pursuant to a valid warrant was not necessary to the criminal conviction, and hence …
Qualified Immunity for NY Prison Officials Over Stabbing by The plaintiff's decedent was stabbed by another inmate (he survived and died later of unrelated causes). The jury awarded $1.00 against prison officials. The court grants defendants' motion for judgment as a matter of law. There was insufficient evidence to support …
No Right to “Blue Wall of Silence” for Disciplined Cop by The plaintiff police officer alleged that after he had cooperated in an internal affairs investigation, he was overly zealously investigated when he was discovered in a car drunk. His equal protection claim is rejected. At 104: Put bluntly, Diesel …
Article • August 15, 2008
Courts Can Approve Settlement Orders Sealing Case Files by When a district court "so orders" a settlement that provides the case file will be sealed, it is obliged to seal the case file, and cannot require a further showing of good cause. While the court has great discretion in granting …
Article • August 15, 2008
New York Prisoner’s Prior Convictions for Sex Offenses Sufficient for Level 3 Classification by In anticipation of the release from prison of Dale Mabb, a New York sex offender, the state Board of Examiners of Sex Offenders, based on Mabb’s prior attempted rape conviction, convinced a trial court to assess …
Article • August 15, 2008
New York Sex Offender's Request for Reduced Dangerousness Level Denied by Duane Charache, a New York state prisoner, was assessed to be a level three sex offender by the Board of Examiners of Sex Offenders (Board) in anticipation of his release from prison for sexually abusing a child. Even so, …
Article • August 15, 2008
N.Y. Protest Rally Arrest Documents Ordered Disclosed Despite Protective Order by New York state resident Michael Schiller petitioned to obtain confidential documents bound by a protective order regarding numerous arrests during a 2004 Republican National Convention (RNC) protest. The New York Times (Times) filed a motion to modify the protective …
Article • August 15, 2008
Filed under: Telephones, Telephone Rates
New York Prison System Phone Kickbacks Upheld; Reversed by Court of Appeals by A New York Supreme Appellate Court has sidestepped ruling on the merits of a lawsuit claiming that the practice of the New York Department of Correctional Services (DOCS) of receiving a commission from prisoner phone calls was …
Article • August 15, 2008
New York Law Allows Women to Bare Breasts; False Arrest Claim Settled for $29,000 by New York state resident Jill Coccaro, a.k.a. Phoenix Feeley, prevailed in an action against the City after being arrested for baring her breasts in public in 2005. The City settled for $29,000 but admitted no …
Article • August 15, 2008
N.Y. Injured Prisoner Held Partially Liable For Facility's Inadequate Equipment And Supervision by New York State prisoner Charles Moran brought suit against the state for labor law violations and improper supervision and equipment after falling from a ladder at the Watertown Correctional Facility (WCF) in 2002. The labor law claims …
Brief • August 13, 2008
Ware v. Town of Haverstraw et al, NY, Order, police public records, 2008
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