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Article • May 15, 2007
New York DOCS's Rube Goldberg Mail Rules Struck Down by The United States Court of Appeals for the Second Circuit struck down the New York Department of Correctional Service's (DOCS) "Rube Goldberg" mail rules, which restricted sealed outgoing prisoner mail, noting that the rules were "irrational." Ronald Davidson, a New …
Some Evidence Required In "Some Evidence" Standard by Bob Williams Some Evidence Required In "Some Evidence" Standard by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed a prison disciplinary conviction for failure to meet the some evidence" standard. New Mexico state prisoner Peter Aquiar …
Article • May 15, 2007
Ban on Public Speaking While Masked Held Unconstitutional by The U.S. District Court for the Southern District of New York granted declaratory relief and a permanent injunction on behalf of the American Knights of the Ku Klux Klan against the New York Police Department (NYPD) and the City of New …
Article • May 15, 2007
Gotti's Pretrial Detention Without Bail Warranted, PLRA Question Moot by The U.S. Second Circuit Court of Appeals held that the pretrial detention without bail of Peter Gotti, the alleged successor to John Gotti and John Gotti, Jr., as head of the Gambino Crime Family, was warranted. The appeals court ruled …
New York Prisoner Awarded $295,000 For Knee, Ankle Injury by On July 29, 1999, a court of claims in White Plains, New York, awarded $295,000 to a prisoner who suffered knee and ankle injuries when a stack of cartons containing frozen meat fell on her. New York state prisoner Karen …
Double Bunking, Mail and Visitation Rules, Searches Constitutional by The U.S. Supreme Court held that a jail's practices of "double bunking," barring hardcover books sent by individuals, banning receipt by prisoners of food packages and personal items, requiring prisoners to remain outside their housing areas during searches, and body cavity …
Illegal Search Precludes Policeman's Qualified Immunity; Affirms Plaintiff's Summary Judgment by The U.S. Southern District Court of New York determined that a police Sergeant was not entitled to qualified immunity for an unreasonable strip search. Nicole Sarnicola was arrested for suspicion of dealing drugs and was taken to the Tarrytown …
1,300 Days in Segregation Atypical Under Sandin by A federal district court in New York declined to grant a state prisoner's motion for a Temporary Restraining Order/Preliminary Injunction seeking release from segregation. The plaintiff had been sentenced to consecutive segregation' sentences totaling 4i years for misconduct. He alleged violations of …
Article • May 15, 2007
Filed under: Mail, Mail Regulations
2nd Circuit Approves Inspection of Outgoing Business Mail by The Second Circuit Court of Appeals upheld a 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 on businesses …
Muslim Prisoners Awarded $9,000 for Religious Suppression by A New York Federal District Court awarded three prisoners at Attica State Prison $3,000 each for the Commissioner of Corrections; Paul McGinnis, failure to promulgate regulations that allow the prisoners to practice the religion of Islam as members of the Nation of …
Article • May 15, 2007
New York District Court Grants Partial Summary Judgment to Sheriff by The United States District Court for the Southern District of New York granted partial summary judgment to a county sheriff who had a blanket policy of strip-searching all arrestees. Jaime Murcia was arrested on a federal felony warrant for …
Seven-Day Bread Diet States Eighth Amendment Claim; Dismissal Vacated by The U.S. Second Circuit Court of Appeals, vacating in part a dismissal by the U.S. District Court for the Western District of New York, held that a state prisoner's complaint that his Eighth Amendment rights were violated when he was …
Article • May 15, 2007
Habeas Corpus Sole Remedy For Speedier Release by The Supreme Court combined the cases of three New York state prisoners who had filed suits under 42 U.S.C. § 1983, the federal Civil Rights Act, seeking release from prison. In each case, the federal district court granted relief and ordered the …
Article • May 15, 2007
Sex Offender Can Be Compelled to Admit Crimes for Entry to Prison Program by The Second Circuit Court of Appeals has held that a prison program for sex offenders, which requires the prisoner to admit guilt to crimes convicted upon, does not violate the prisoner's rights to equal protection and …
Article • May 15, 2007
New York AIDS Patient Jailed in Unsanitary Conditions Wins $1,300,000 by The Plaintiff, a 39-year-old man identified only as Jewell, was arrested by New York City police after a dispute with a tow truck driver in July of 1993. He was placed in a cell where he was exposed to …
Article • May 15, 2007
Indigent NY Prisoner's Action Commenced When Clerk Received Pleadings by Cleveland Lovett, a New York state prisoner, was badly injured while trying to elude police in September of 2002. He was treated at Bellevue Hospital and Riker's Island until February 25, 2003. On April 2, 2004 Lovett mailed a medical …
Article • May 15, 2007
No Due Process Hearing Needed In Prison Transfer by The Supreme Court ruled that a prisoner had no Constitutional right to remain at any particular prison. The case stems from a suit filed by a New York prisoner who was fired from his job as a law library clerk and …
Article • May 15, 2007
Party in Civil Rights Case Not Entitled to Witness Fees, But Non-Parties Are by Party in Civil Rights Case Not Entitled to Witness Fees, but Non-Parties Are A federal district court in New York has held that, in a civil rights action, a pro se prisoner proceeding in forma pauperis …
Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived by Defendants Must Bear Costs of Depositions Sought by Indigent Prisoners; and Attorney-Client Privilege Waived On remand from the United States Supreme Court, the Federal District Court of New York held that, generally, a party seeking …
Article • May 15, 2007
No Visitation Type Restriction for Possession of Marijuana by The New York Supreme Court held that the state's prisoners could not be restricted to non-contact visitation because a disciplinary hearing finding of being in possession of marijuana on the compound. The prisoners had received 180 to 270 days of non-contact …
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