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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 …
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 …
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