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Article • December 15, 2007
New York Prisoner's Property Claim Accrues On Date Administrative Exhaustion Denied by New York state prisoner Alfred Blanche filed a claim against the Department of Correctional Services (DOCS) in the New York Court of Claims for loss of property pursuant to the Court of Claims Act. The Court granted the …
Otherwise Exempt NY Correctional Incident Reports, Related Documents Ordered Disclosed With Appropriate Redaction by New York State prisoner Abdul Beyah appealed a court's 2002 affirmation of the New York Department of Correctional Services (DOCS) refusal to produce incident reports from the Auburn Correctional Facility (ACF). The court ordered the information …
Article • December 15, 2007
Nondisclosure Of Prosecutor's Investigative Notes Reversed, Remanded For Inspection To Determine Merit by New York State pro se prisoner Hector Chebere appealed a 2002 court order denying the production of notes containing a witness statement made prior to his conviction. The court reversed and remanded for an in camera inspection …
Both Thumbs, One Finger Amputated Nets Prisoner $25,000 by A New York prisoner whose thumbs and left ring finger were amputated was awarded $25,000. Mr. Saleh, a 31-year-old New York prisoner, was a carpentry student. While operating a circular saw, making name plates, he suffered "a traumatic amputation of the …
Article • December 15, 2007
New York Settles Prisoner Slip & Fall Case for $7,500 by The New York Department of Correctional Services has settled a prisoner's slip and fall claim for $7,500 including attorney fees. While wearing state issued slippers with rubber soles, New York state prisoner Grace Delarossa slipped and fell on a …
Article • December 15, 2007
NY Sex Offender's Risk Level Three Classification Affirmed by John Laraby, a New York state parolee, was denied a risk level reduction by a New York state trial court at a rehearing in accordance with a ruling in another case. Laraby believed that, based on his exemplary parole record, his …
Article • December 15, 2007
New York Prisoner Awarded $2,600 For Fractured Fibula, Improper Treatment by On March 28, 2001, a court of claims in Albany, New York, awarded $2,600 to a state prisoner who claimed he suffered a fractured fibula when he fell in a puddle of water leaked from a washing machine and …
Juvenile Adjudication May Not Preclude Force Claim in Police Shooting by The plaintiff was convicted of reckless endangerment for an incident in which he was accused of driving a vehicle at a police officer, who shot him. He conceded that that determination would ordinarily preclude a finding of excessive force …
Article • December 15, 2007
Trial Required Over Firing of Juvenile Prison Warden for Whistleblowing by The director of a juvenile institution was fired after forwarding to the State Commission of Correction a report by one of his subordinates that stated certain agency policies were a cause of turmoil at the facility. There were triable …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
Article • December 15, 2007
$57,700 Verdict for Attack on Sleeping NY Jail Prisoner by The New York Supreme Court upheld a $57,700 verdict for a 31-year-old Jail prisoner who was attacked as he slept. Mr. Morales was a New York prisoner when he was assaulted while he slept. He suffered "a fractured zygoma, requiring …
Article • December 15, 2007
New York Prisoner's Prior Convictions for Sex Offenses Are 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 convinced a trial court to assess him to be a risk level …
Article • December 15, 2007
NY Prisoners Entitled to Assistant to Help Prepare Their Defenses in Tier 3 Disciplinary Hearings by Louis Avincola, a New York state prisoner, was infracted for fighting. At the ensuing Tier 3 disciplinary hearing the hearing officer produced a form with the box waiving assistance by an "employee assistant" checked. …
Article • December 15, 2007
NY Sex-Offender Properly Classified as Risk Level II Where Risk Assessment Points Place Him in That Category by Alan Barnett, a New York state prisoner, was classified as a risk level II sex offender based on risk assessment points accumulated as a result of factors relevant to his crime and …
Article • December 15, 2007
NY Sex Offender's Risk Level 3 Classification Based on Credible Information, Thus Affirmed by Tercero Stafford, a New York prisoner, is serving a prison sentence for burglary. He had prior convictions for sex offenses in New York and Vermont, for which he was released from prison in Vermont in 1996. …
Article • December 15, 2007
Suit Filed by Pro Se Prisoner When Received by Court by At 241 n. 1: "Where, as here, a prisoner proceeds pro se, the Court deems the prisoner as having filed a court document on the date that he delivered it to prison officials for mailing." Here the Houston v. …
Article • December 15, 2007
New York Prisoner Awarded $100,000 for Delayed Surgeries From Work Place Fall by A New York prisoner who was denied medical care for five months was awarded $100,000. On May 25, 1989, New York prisoner Thomas Lenahan fell from a two-story roof in a work accident. He was treated for …
Article • December 15, 2007
NY Prisoner Awarded $6,800 After Dough Rolling Accident by A New York prisoner who suffered digital nerve damage to his middle finger when his hand was caught in a dough-rolling machine was awarded $6,800. In November 1993, a 29-year-old New York prisoner got his hand caught in a dough-rolling machine …
Article • December 15, 2007
New York Prisoner’s Saw Mill Injuries Net $736,000 by New York Prisoner's Saw Mill Injuries Net $736,000 A New York prisoner was awarded $736,000 for injuries incurred in a prison sawmill accident. Mr. Lowe was a 33-year-old New York prisoner when his left, non-dominant, forearm and hand were amputated in …
Article • December 15, 2007
Severed Spinal Nerve from Botched Surgery Nets NY Prisoner $118,000 by A New York prisoner who suffered a severed spinal accessory nerve during a medical procedure was awarded $118,000. Mr. Soltis was a New York prisoner in his mid-40s when he underwent an excisional lymph node biopsy. During the surgery, …
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