Second Circuit: Lack of Standing Invalidates Strip Search Ban by On January 20, 2004, the U.S. Second Circuit Court of Appeals held that a federal district court's order enjoining a New York county jail from performing unconstitutional strip searches was erroneous because the plaintiff lacked standing. In July 1995, attorney …
New York Prisoner Awarded $100 for Delayed Pain Medication by On December 30, 2003, a court of claims in Albany, New York awarded a state prisoner $100 for pain and suffering associated with the prison's failure to timely provide pain medication after he broke his hand. Plaintiff Jonathan Greene, a …
NY Prisoner Entitled to Hearing Before Temporary Release Committee by The Supreme Court, New York County, held that the removal of a prisoner from a work release program without a hearing deprived him of a protected liberty interest. Simon Anderson was participating in the Lincoln Correctional Facility Work Release Program …
Parole Hearing Does Not Estopp False Arrest Suit by The Second Circuit Court of Appeals reversed a district court's grant of summary judgment, holding that the facts found at the plaintiff's parole hearing did not have collateral estoppel effect, and that a genuine issue of fact existed in excessive force …
Public Defender's Party Association Protected Activity by The U.S. Supreme Court has held that a public defender who is satisfactorily performing his job may not be terminated based upon political party affiliation. This action was brought by two assistant public defenders in Rockland County, New York who were issued termination …
Memorandum Read Into Evidence as Recollection; Permissible as Exception to Hearsay Rule by Memorandum Read Into Evidence as Recollection; Permissible as Exception to Hearsay Rule The Second Circuit Court of Appeals held a memorandum can be read into evidence under the exception to the hearsay rule for past recollection recorded, …
Visitation Rights Suspension Overturned by The New York Supreme Court Appellate Division overturned the one-year suspension of visitation rights for the wife of a prisoner at the Green Haven Correctional Facility. The prisoner's wife allegedly introduced cocaine into the facility, and at the disciplinary hearing the Department of Corrections failed …
PLRA Applies to Juveniles by A New York federal district court has held that the Prison Litigation Reform Act (PLRA) applies to juvenile prisoners, and a juvenile's actions to air his grievance informally satisfied the PLRA's administrative remedy exhaustion requirement. Corey Lewis, a delinquent resident of the Tyron Residential Facility …
§ 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied by § 1983 Accrual Date in Disciplinary Action Is Date Of State Annulment; QI Denied A Federal District Court in New York has held a prisoner's conditions of confinement and good time revocation claims stemming from …
Court Modifies Education Plan for Rikers Island Youth by By David M. Reutter In continuing its enforcement of an "Education Plan" for the Rikers Island Academies, a New York federal district court has made modifications to the Plan because it is "deficient in many respects." PLN previously reported upon the …
One Hundred Fifty Dollars Awarded For Federal Prisoner's Personal Property Loss by Federal prisoner Jonah Nwaokocha brought Federal Tort Claims Act (FTCA) and Bivens claims against Bureau of Prisons (BOP) employees in their individual and official capacities challenging conditions of his confinement and loss of personal property including legal papers. …
Involuntarily Transferring Prisoner to HIV Dormitory Violates Right to Privacy by A New York federal district court held that prison officials cannot involuntarily transfer a prisoner who had tested positive for Human Immunodeficiency Virus (HIV) to a separate dormitory. This class action suit was filed by a New York prisoner …
Drug Program Removal Requires Due Process by The Eastern District Court of New York held that prisoners in New York States High Impact Incarceration Program had a state created liberty interest in remaining in the program. Removal from the program required due process. Michael Galloway was a state parole violator …
Court Has No Discretion To Postpone Automatic Stay Under PLRA by The United States District Court for the Southern District of New York held that it had no discretion under the Prison Litigation Reform Act (PLRA) to postpone the automatic stay of the provisions of a previous consent decree. Orange …
Prisoners Contempt Motion Requesting Compensatory Damages Not Precluded by The United States District Court for the Southern District of New York held that prisoners' attorneys could prosecute a contempt motion against prison officials as prisoners' contempt motion was civil in nature. Orange County Correctional Facility (New York) officials moved pursuant …
New York: Prisoner Raped In County Jail Awarded $250,000 by On September 24, 1997, a man who was raped while imprisoned in the Oneida County (New York) Jail settled his lawsuit against the county and the Utica City Police Department for $250,000. Plaintiff, an 18-year-old male, was imprisoned in the …
Allegation Of Interference With Grievance Completion Precludes Summary Judgment by The United States District Court for the Western District of New York held that a prisoner had not exhausted his administrative remedies pursuant to the Prison Litigation Reform Act of 1995 (PLRA) in one claim and that issues of fact …
Fact Issues Regarding Alternative New York Grievance Procedure Precludes Summary Judgment by Fact Issues Regarding Alternative New York Grievance Procedure Precludes Summary Judgment The United States District Court for the Western District of New York held that summary judgment of a prisoner's civil rights claim against New York prison officials …
Plaintiffs' Summary Judgment Motion Denied In Strip Search Case by The United States District Court for the Southern District of New York held in a § 1983 action challenging a city's strip search policy that the city's claims were not collaterally estopped by state law, it's strip search policy was …
New York DOC Beard Ban Held Unconstitutional On Remand by The United States District Court for the District of New York held that a New York Department of Corrections (DOC) policy banning beards in excess of one inch in length was unconstitutional as applied to a Jewish prisoner. Yevgen Fromer, …
