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Article • June 15, 2007
$225,000 Settlement in Rape of Female New York Prisoner by Guard by A female prisoner at a New York Prison was told by a male guard that she either comply with his request that she have sexual intercourse with him or he would file a complaint that she assaulted him. …
Article • June 15, 2007 • from PLN June, 2007
$2.5 Million Settlement in Schenectady County Strip Search Suit by On July 31, 2006, Schenectady County, New York, agreed to settle a suit over its county jail strip search policy for $2.5 million. This is a class-action civil rights lawsuit brought in federal district court pursuant to 42 U.S.C. § …
New York Jail’s Juvenile Education Suit Returns to District Court by New York Jail's Juvenile Education Suit Returns to District Court The Second Circuit Court of Appeals has held that a federal court may only grant relief in a civil rights action filed by a prisoner on federal law claims …
New York Prisoner Beaten By Unofficial Enforcer Awarded $500,000 by A man who claimed he was beaten while imprisoned at New York?s Rikers Island jail complex will receive $500,000 under the terms of a settlement agreement reached with the City on February 14, 2007. Donald Jackson had claimed in his …
Harsh Federal Parole Conditions for Federal Sex Offender Upheld by The U.S. Court of Appeals for the Second Circuit has affirmed a federal district court order requiring a released sex offender to undergo polygraph exams, to avoid contact with minors, and to abstain from using the Internet while on parole. …
Landmark Settlement Reduces SHU Time, Increases Treatment Of New York Prisoners With Mental Illness by by Betsy Sterling After five years of litigation and two weeks of trial, the New York State Department of Correctional Services and Office of Mental Health have agreed to a settlement that establishes major improvements …
Article • May 15, 2007
No Punishment for Possessing Inflammatory Papers, $1,000 Jury Award Upheld by The U.S. Court of Appeals for the Second Circuit held that a prisoner cannot be punished for simply possessing "revolutionary" material, supervisors were liable for constitutional violations surrounding prisoner's placement in segregation, and a jury award of $1,000 was …
Article • May 15, 2007
New York Prison Censorship Rules Invalidated by In a class action suit, a federal district court in New York held that "[i]n order to be constitutionally acceptable, a regulation may permit suppression of sexually oriented material only if the material comports with a standard of obscenity defined by the courts …
Article • May 15, 2007
Summary Judgment Cannot Be Granted Solely on Failure to Respond by The U.S. Second Circuit Court of Appeals, reversing the U.S. District Court for the Western District of New York, held that defendant prison officials were not entitled to summary judgment solely on the basis of the prisoner plaintiff's failure …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
2nd Circuit Reverses Summary Judgment on Incoming Mail Censorship by The Second Circuit Court of Appeals reversed a New York District Court's grant of summary judgment to prison officials concerning the reading of a federal prisoner's incoming mail. The court noted that "[n]o issue has been raised . . . …
Sender of Mail Entitled to Due Process Protections by In a New York case, the Second Circuit Court of Appeals noted that the "intermediate scrutiny standard" of Procunier v. Martinez, 416 U.S. 396, 94 S.Ct. 1800 (1974) "seeks to protect the 'inextricably meshed' rights of both the writer and the …
Article • May 15, 2007
Difference Between Nonprofit and Regular Bulk Rate Mail by The Second Circuit Court of Appeals noted in a New York case that pursuant to the Domestic mail manual, "non-profit organizations . . . are afforded the opportunity to make bulk third-class mailings at special, discounted, bulk third-class rates" if it …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
Second Circuit Approves Inspection of Outgoing Business Mail by The Second Circuit Court of Appeals upheld a New York prison rule requiring that outgoing business mail be submitted unsealed and subject to inspection. The court found that the rule advanced the legitimate penological interest of preventing prisoners "from committing fraud …
Article • May 15, 2007
Nude Photograph Case Was Not Frivolous by The Second Circuit Court of Appeals held that a New York prisoner's complaint alleging that a prison policy prohibiting his possession of noncommercial nude photographs violated his First Amendment rights was not so frivolous as to warrant dismissal without giving the prisoner the …
Article • May 15, 2007
Federal Officials Subject to Suit for Damages by In this landmark ruling the U.S. Supreme Court held that damages can be recovered from a complaint that states a federal cause of action under the Fourth Amendment if injury can be proven. This was the first time the Supreme Court upheld …
Article • May 15, 2007
Failure to Reattach Severed Ear States Cause of Action by The Second Circuit Court of Appeals held that a doctor may be deliberately indifferent to a prisoner's serious medical needs for failing to sew the prisoner's ear back on after it was cut off. This action was filed by a …
Federal Prisoner Possible Beneficiary in BOP/County Contract by The U.S. Court of Appeals for the Second Circuit held that a prisoner's civil rights suit stated a claim; that the statute authorizing a contract between the Federal Bureau of Prisons and a county to house prisoners did not create a private …
Municipalities and Local Officials "Persons" Under § 1983 by Municipalities and Local Officials "Persons" Under § 1983 The U.S. Supreme Court held, inter alia, that both municipalities and local government officials being sued in their official capacity were "persons" for § 1983 purposes. Female employees of two New York City …
Article • May 15, 2007
New York: Prison Failed To Follow Up Cancer Treatment, Prisoner Awarded $210,000 by New York: Prison Failed To Follow Up Cancer Treatment, Prisoner Awarded $210,000 On July 7, 2002, a state court of claims in Syracuse, New York, awarded a prisoner $210,000 after concluding that prison medical personnel had negligently …
Article • May 15, 2007
New York Prisoner Awarded $26,500 For Fall From Top Bunk by On July 23, 2002, a judge awarded a New York prisoner $24,500 for injuries suffered when she fell from a top bunk she should not have been assigned to. New York state prisoner Carmen Cirino had an injured leg …
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