Jail Doctor Wins Lawsuit Over Substitution of Pain Medication by The plaintiff broke his hand in jail and was prescribed Darvocet for pain; a jail doctor directed that it be withheld to see if over-the-counter medications would control the pain, since many jail inmates including the plaintiff have substance abuse …
Second Circuit Discusses Consent Decrees by The court recites boilerplate about consent judgments: they are judicial orders and contracts, to be read "within [their] four corners"; a court can't replace consent decree terms with its own, even if that would help effectuate the decree's goals; courts' equitable power exists only …
Challenge to Catalog Ban Mooted by Grievance Relief; Mail Watch Okay by The plaintiff was found with letters detailing an escape plan and convicted of disciplinary charges. Prison officials instituted a mail watch. This action was fully justified by security concerns. Failure to follow defendants' internal directive did not violate …
Voluntarily Ceasing Challenged Activity Doesn't Moot Case by Voluntary cessation of illegal activity does not moot a case. At 202: A case may nevertheless be moot if the defendant can demonstrate that: "(1) it can be said with assurance that there is no reasonable expectation ... that the alleged violation …
Judicial Review Available for Denial of International Transfer by The plaintiff complained that he was denied a transfer to a Canadian prison under the Convention on the Transfer of Sentenced Persons based on his race or nationality or on his exercise of protected rights. The government argued that there is …
Okay to Force Pre Trial Detainee to Work in Jail for Extra Food by The plaintiff said he was forced to serve without payment as a "food cart worker" under threat of discipline. The court denies summary judgment to defendants on the plaintiff's claim of an official policy of making …
Court Upholds Photocopying of Jail Prisoner’s Mail, Suppression Denied by Court Upholds Photocopying of Jail Prisoner's Mail, Suppression Denied The detained criminal defendant had an expectation of privacy in his non-legal mail that he may assert by moving to suppress evidence in his prosecution. Although applicable regulations permit prison authorities …
Nassau County Jail Counsel Sanctioned for Misconduct by The court blasts the County Attorney of Nassau County for failing to obey discovery orders, failing to appear at a settlement conference, and failing to appear at a second conference. However, it grants the County's motion to vacate the default judgment, since …
District Courts Must Inform Pro Se Litigants of Summary Judgment Requirements by District courts are obliged to notify pro se litigants of the nature and consequences of an opposing party's summary judgment motion. There are exceptions when the moving party has provided the requisite notice or when the pro se …
Dismissal of Suit Against Parole Commissioner Reversed by The plaintiff alleged that a parole commissioner delayed his release for several months without justification. The district court should not have dismissed on grounds of absolute immunity without a record showing whether the commissioner's actions were quasi-adjudicative (warranting immunity) or administrative (not …
Court Dismisses NY Prisoner’s Failure to Protect Suit by Court Dismisses NY Prisoner's Failure to Protect Suit At 544: "Given the extensive amount of discussion already devoted to the question of the PLRA's administrative exhaustion requirement, reinvention of the wheel is unnecessary" The court buys exhaustion when the prisoner seeks …
Heck Bars Suit Over Improper Parole Records by The plaintiff complained that various agencies failed to amend an incorrect statement in his pre-sentence report, which was in his prison records, and which resulted in his being denied parole. He asked inter alia for an "immediate parole board interview." The court …
No Right to Interpreters for IWS Application Process by Due process does not require the government to provide competent interpreters for interviews by INS personnel with applicants for status as Special Agricultural Workers. The applicants' interest is qualitatively different from that of one defending against criminal prosecution, deportation, or exclusion. …
Sikelianos v. Citv ofNew York. ef al., NY, Letter to Judge to compel Associated Press to produce photographs, May 2, 2008 Jeffrey A. Rothman Attorney at Law 315 Broadway, Suite 200 New York, NY 10007 Tel.: (212) 227-2980; Cell: (516) 455-6873 Fax: (212) 591-6343 rothman.jefiey@gmail.com May 2,2008 Bv Hand The …
In re McCray, et. al., NY, Amended Complaint, Central Park Five Wrongful Conviction, 2008 Case 1:03-cv-09685-RLE Document 47 Filed 04/21/08 Page 1 of 30 Myron Beldock, Esq. (MB-4076) Karen Dippold, Esq. (KD-2966) Sofia Yakren, Esq. (SY-4874) Beldock Levine & Hoffman LLP 99 Park Avenue - Suite 1600 New York, New …
Flurry of Escapes Emphasizes Prisoners' Desperation by Matthew Clarke by Matt Clarke Last September produced a bumper crop of prison and jail escapes around the country, including a desperate escape by two Texas prisoners that resulted in the death of a guard, a car jacking and two shootouts. Plus a …
Egurido v. Geo Group Inc., NY, Complaint, Guard Brutality, 2008 08 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK .J i) REX EGURIDO. r AP? 11lainliff, 1388 • ZOO~ .~OMI'LAINT BR:OOl<lYN OFFICE: Index No. -agaillst- THE GEO GROUP,INC., WILLIAM ZERILLO, "JOliN" WALL, "JANE" MARK, "JANE" ANDREWS, and .101 IN …
Lugo v. City of New York, NY, Complaint, Excessive Force Causing Fractured Orbital, 2008 UNITED STATES DISTRlCT COURT SOUTHERN DISTRlCT OF NEW YORK -------------------------------------------------------------------------)C JUAN PABLO LUGO, aJk/a NALDO REYES, Plaintiff, - againstCITY OF NEW YORK; Commissioner MARTIN F. HORN; Chief of Department CAROLYN THOMAS; Deputy Commissioner RlCHARD R. WHITE; …
Reid-Thomas v. City of New York, et. al., Plf Ltr to Judge, False Arrest, 2008 Law Office of David A. Zelman, Esq. 612 Eastern Parkway Brooklyn, NY 11225 (718) 604-3072 Via Fax: 212 805-7948 Hon. Richard J. Holwell United States District Court Southern District of New York500 Pearl St., Room …
Macnamara v. City of New York, NY, Plf Memo in Opp to Def Obj to Order, RNC Arrests, 2008 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------.---------------------------------------------x DEIRDRE MACNAMARA, et al., individually and on behalf of those similarly situated, 04-CY-9216 (RJS) (JCF) Plaintiffs, -against- ECF Case THE CITY …
