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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. …
Article • May 15, 2008
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 …
Article • May 15, 2008
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 …
Article • May 15, 2008
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 …
Article • May 15, 2008
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 …
Article • May 15, 2008
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 …
Article • May 15, 2008
Filed under: Work, Prison Labor
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 …
Article • May 15, 2008
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 …
Article • May 15, 2008
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 …
Article • May 15, 2008
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 …
Article • May 15, 2008
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 …
Article • May 15, 2008
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. …
Brief • May 2, 2008
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 …
Brief • April 21, 2008
Filed under: Wrongful Conviction
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 …
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