New York State Police, Trooper Jason J. Lewis Letter of Censure, 2008 . . LEWIS, JASON J TROOPER - I I I TYPE: Personnel I I CASE# .2 0070 690 1 I FINDING : .F ounded Complainant: STEPHEN NEVINS I Complaint of Personnel Investigation 20070690 Type: Personnel Sub Type 10/20/2007 …
New York Pays State Prisoner $1,100 for Disregarding Work Restrictions by On March 31, 2006, a court of claims in Rochester, New York, awarded $1,100 to a state prisoner who was forced to pick up a laundry bag despite a work restriction prohibiting such activity. Plaintiff Stephen Gagne claimed that …
New York Prisoner Awarded $4,250 for Knee Injury While Shackled by On March 19, 2007, a court of claims in Rochester, New York, award $4,250 to a state prisoner who fell and injured his knee while walking to a transport van in leg shackles. State prisoner Earl Martin, 54, fell …
$90,000 Awarded to New York Prisoner for Delay of Surgery by A New York Court of Claims has awarded a prisoner $90,000 in a medical malpractice claim stemming from prison personnel delaying surgery, causing lasting injury and pain. The claim was brought by Sing Sing Correctional Facility prisoner Jonathan D. …
BOP Removes Religious Books; Capitulates After Public Outrage, Lawsuit by In June 2007, the Federal Bureau of Prisons (BOP) began removing thousands of religious books from its prison chapels. The purge of religious literature, which occurred nationwide, was part of a long-delayed post-September 11 directive intended to prevent radical Islamic …
Second Circuit Rejects New York’s Interlocutory Appeal of Prisoner's $7.65 Million Failure-to-Protect Jury Verdict by John Dannenberg by John E. Dannenberg The Second Circuit U.S. Court of Appeals rejected a belated attempt by the New York Department of Corrections (NYDOC) to invoke a claim of qualified immunity to thwart a …
Transsexuals Treated Poorly in New York Prisons by David Reutter by David M. Reutter The Sylvia Rivera Law Project (SRLP) has issued a report on the treatment of transgender and intersex people in New York state men?s prisons. That report finds that lesbian, gay, bisexual and transgender (LGBT) prisoners experience …
Strip-Searched Jail Arrestees May be Certified as Class for Liability by by Matthew T. Clarke On August 24, 2006, the Second Circuit Court of Appeals held that a federal district court in New York erred when it refused to certify non-felony arrestees who were strip searched pursuant to a blanket …
New York Court Allows Garnishment of Military Pay for Crime Victim's Judgment by The New York Supreme Court in Albany County has held that funds in a prisoner's inmate account are not exempt from garnishment to satisfy a judgment under the state's Son-of-Sam law even if those funds are military …
Prisoner's History of Protection and Notice of Danger Defeats Summary Judgment by The New York Court of Claims has denied prison officials' motion for summary judgment in a case alleging failure to protect. The plaintiff in this action, Clifford J. Faust, had been transported to four different prisons to protect …
New York City Settles Prisoner-On-Prisoner Assault for $180,000 by On October 23, 2006, the City of New York agreed to pay $180,000 to a prisoner who suffered facial injuries as the result of an attack by another prisoner. City prisoner Ivan Miller, 34, claimed that on June 30, 1998, while …
Ortiz v. Lasker, NY, Complaint, Assault of Prisoner by Guard, 2008 Case 6:08-cv-06001-DGL-JWF Document 1 Filed 01/02/08 Page 1 of 6 Case 6:08-cv-06001-DGL-JWF Document 1 Filed 01/02/08 Page 2 of 6 Case 6:08-cv-06001-DGL-JWF Document 1 Filed 01/02/08 Page 3 of 6 Case 6:08-cv-06001-DGL-JWF Document 1 Filed 01/02/08 Page 4 of …
Settlement Agreement Involving New York Principal's Dismissed Disciplinary Actions Ordered Disclosed by New York Jericho Teacher's Association Vice President Anthony LaRocca appealed a State Supreme Court's 1993 dismissal of a petition to disclose settlement documents regarding the discipline of a principal. The dismissal was reversed and a redacted disclosure was …
Attica And Coxsackie Riot Tapes' Production Ordered To Media With Appropriate Redaction by The New York Department of Correctional Services (DOCS) appealed an Albany County Supreme Court judgment ordering the disclosure of tapes during uprisings at two correctional facilities. Disclosure was affirmed. The Buffalo Broadcasting Company, Inc., (Media) requested tapes …
Deceased Prisoner's Medical Reports Ordered Disclosed To Commission Of Correction Chairman by Chairman of the New York Commission of Correction Alan Croce motioned to compel document production concerning a prisoner's death and treatment. County Department of Health Service Medical Director Jeanne Alicandro, M.D., had denied the request. The court ordered …
New York School Construction Authority's Property Acquisition Details Ordered Disclosed by New York attorney Michael Greco petitioned for the disclosure of appraisal and settlement documents involving New York School Construction Authority (Authority) acquisitions. The Authority moved to dismiss but the court ordered the documents produced. The Authority took parcels of …
Prisoners' Record Requests Enforceable Under U.S. Constitution and N.Y. Law by Erie County, New York, District Attorney Frank Clark appealed a State Supreme Court ruling granting prisoner Daryl Hillard disclosure of documents regarding his prosecution. The court affirmed the disclosure. Clark refused to produce the documents arguing that a prisoner's …
Disciplinary Action Review for Failure to Produce Urine Sample Barred As Untimely by New York State prisoner Joseph Brammer petitioned for review of a 1995 Upstate Correctional Facility (UCF) disciplinary action resulting from his failure to produce a urine sample. The judgment was affirmed for his failure to timely file …
Paruresis Diagnosis Required for Justification of Urinalysis Noncompliance by New York State pro se prisoner Victor Cruz appealed, by way of CPLR article 78, disciplinary findings and actions taken against him for failure to provide a urine sample. Cruz claimed that paruresis (shy bladder syndrome) prevented his compliance. The findings …
Absent Medical Documentation, Disciplinary Action for Failure to Urinate Stands by New York State Prisoner Leslie Becker petitioned for review of a 2001 Department of Correctional Services disciplinary action resulting from his inability to produce a urine sample. The judgment was affirmed. When Becker could not provide a urine sample, …
