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Article • December 15, 2007
Anesthetized Prisoner Awarded $500 for Fall and Injuries by A New York prisoner who was injured when he fell while under effects of anesthesia was awarded $500. On January 13, 1999, New York prisoner James Siena underwent general anesthesia for a kidney procedure. After discharge, "he became dizzy while climbing …
Article • December 15, 2007
New York Jail Visitor Injured in Prison Van Accident Awarded $1,476,431 by A New York woman injured while she was a passenger in a prison van was awarded $1,476,431. Mrs. Tejada visited her sister at Riker's Island prison. A prison owned and operated bus transported visitors to the prison. Following …
Article • December 15, 2007
Filed under: Medical, Dental Care, Surgery
Untreated Periodontal Disease, Loss of Teeth Results in $110,000 Jury Verdict for NY Prisoner by A New York prisoner who lost all his teeth due to inadequate treatment of periodontal disease, was awarded $110,000. Mr. Singh, a New York prisoner, suffered from periodontal disease that prison officials failed to treat …
Prison Drinking Water and Wastewater Pollution Threaten Environmental Safety Nationwide by John Dannenberg by John E. Dannenberg Aging infrastructure concerns are not limited to America's highways, bridges and dams. Today, crumbling, overcrowded prisons and jails nationwide are bursting at the seams -- literally -- leaking environmentally dangerous effluents not just …
MDC Brooklyn: Sex Scandal and 11 Staff Indicted for Beating Prisoners by Matthew Clarke by Matt Clarke On April 12, 2007, eleven guards at the federal Bureau of Prison's Metropolitan Detention Center (MDC) in Brooklyn, New York " including a captain and three lieutenants" were indicted for abusing prisoners. At …
PHS Fails Benchmarks In NYC Jail Medical Contract; Fined $250,000 by Prison Health Services (PHS), nearing the end of its three-year $359.6 million contract to provide medical, dental, mental health and pharmaceutical services to ten of the eleven New York City jails, was audited by the State Comptroller's Office in …
Rikers Island Diapered Mentally Ill in Segregation by Prison officials in New York City have been charged in a lawsuit filed upon behalf of four mentally ill prisoners with depriving those prisoners of their basic human rights and placing them in diapers while in isolated segregation. The prisoners, who were …
Article • November 15, 2007 • from PLN November, 2007
New York High Court Invokes Due Process Rights for Civil Commitment of Alleged Sexual Predators by The New York Court of Appeals reversed a ruling by the Appellate Division that had permitted sex offenders nearing the end of their criminal sentences to be summarily transferred to mental health facilities (e,g., …
Article • October 15, 2007 • from PLN October, 2007
BOP May Not Foreclose Transfer to Community Corrections Center Based on Length of Remaining Sentence by John Dannenberg The Second Circuit U.S. Court of Appeals has held that federal Bureau of Prisons (BOP) prisoners seeking transfers to community correctional centers (CCC) before reaching a point when they have the greater …
“Liberal” Pleading Construction Reveals Negligent Guard Theory Claim by "Liberal" Pleading Construction Reveals Negligent Guard Theory Claim The Second Circuit Court of Appeals has reversed a New York federal district court?s dismissal of claims under the Federal Tort Claims Act (FTCA), finding that the court failed to "liberally" construe the …
Article • October 15, 2007 • from PLN October, 2007
NY Prisoner Who Crushed Thumb Working at Ski Resort Awarded $40,000 by Finding a prison official failed to properly train prisoners to use a log splitter, New York?s Binghampton Court of Claims held the state of New York was 75% liable for injuries sustained from use of that splitter. While …
Article • September 15, 2007 • from PLN September, 2007
§ 1983 Suit Challenging New York’s Blanket Parole Denial “Policy” Survives Motion to Dismiss by John Dannenberg § 1983 Suit Challenging New York's Blanket Parole Denial "Policy" Survives Motion to Dismiss by John E. Dannenberg The U.S. District Court (S.D. N.Y.) denied the New York State Division of Parole's ("Board") …
Article • September 15, 2007 • from PLN September, 2007
Direct Contempt of U.S. Court Must Be in Court’s Presence; Conviction Reversed by Direct Contempt of U.S. Court Must Be in Court's Presence; Conviction Reversed The Second Circuit U.S. Court of Appeals reversed the direct contempt conviction (18 U.S.C. 401(1)) of the wife of a civil suit plaintiff who had …
Article • August 15, 2007 • from PLN August, 2007
New York Prisoner Awarded $190,000 For Improperly Treated Knee Injury by On June 6, 2006, a court of claims in White Plains, New York, awarded $190,000 to a state prisoner who claimed prison staff was medically negligent in their treatment of his knee injury, thus causing him to undergo an …
Article • August 15, 2007 • from PLN August, 2007
Filed under: Sentencing, Parole
New York Discharge-Planning: The Term “City Jail” Includes Mental Health “Forensic Units” by New York Discharge-Planning: The Term "City Jail" Includes Mental Health "Forensic Units" A unanimous Appellate Division of the New York Supreme Court held that a class action settlement agreement obliging discharge-planning for "city jail" prisoners necessarily included …
Brooks et al v. Napoli et al, NY, Complaint, 2007 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 1 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 2 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 3 of 26 Case 1:07-cv-00497-JTC Document 1 Filed 07/30/07 Page 4 of 26 …
Article • July 15, 2007 • from PLN July, 2007
$2 Million Settlement in Montgomery County, NY Strip Search Suit by On September 22, 2006, a federal judge entered an order approving the preliminary settlement of a suit against Montgomery County, New York, over its county jail strip search policy, for $2 million. This is a class-action civil rights lawsuit …
Article • July 15, 2007 • from PLN July, 2007
New York City Settles With Stabbed Riker’s Prisoner For $40,000 by New York City Settles With Stabbed Riker's Prisoner For $40,000 On August 17, 2006, the City of New York paid $40,000 to settle with a prisoner who was stabbed while imprisoned at the Riker's Island Correctional Facility. Plaintiff Melvin …
Article • July 15, 2007 • from PLN July, 2007
$90,000 Awarded for Broken Hand During NY Prison Job Assignment by David Reutter by David M. Reutter While a prisoner at New York?s Bayview Correctional Facility, Jeanette Perez was required to assist moving a full garbage dumpster as part of her work detail. When trying to move that dumpster on …
Brief • June 19, 2007
Inmates with HIV v. Pataki, NY, Protective Order - Medical Records, 2007 Case 9:90-cv-00252-GLS-DEP Document 348 Filed 06/19/07 Page 1 of 5 Case 9:90-cv-00252-GLS-DEP Document 348 Filed 06/19/07 Page 2 of 5 Case 9:90-cv-00252-GLS-DEP Document 348 Filed 06/19/07 Page 3 of 5 Case 9:90-cv-00252-GLS-DEP Document 348 Filed 06/19/07 Page 4 …
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