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Article • May 15, 2007
New York Prisoner Awarded $164 For Improper Housing Assignment by In July 1998, a New York court of claims awarded $164 to a state prisoner for emotional distress incurred when prison officials housed him in the infirmary due to a lack of cell space in the prison's special housing unit. …
Article • May 15, 2007
New York Prisoner Injured On Fence Awarded $15,000 by In February 1998, a New York court of claims awarded $15,000 to a state prisoner who cut his arm on a chain link fence. The 34-year-old plaintiff claimed that in August 1998, while playing softball on the prison recreation yard, he …
Article • May 15, 2007
Assaulted New York Jail Prisoner Awarded $330,000 by In October 1998, a New York court awarded $330,000 to a man who was seriously injured in an attack by other prisoners at a Westchester County jail. The plaintiff claimed that while imprisoned by Westchester County in September 1992, he was moved …
Article • May 15, 2007
New York Prisoner Awarded $6,000 For Hernia by In June 1998, a New York court of claims awarded $6,000 to a state prisoner who sustained a hernia while moving church pews as part of his work assignment. The plaintiff contended in his lawsuit that prison officials were negligent for failing …
Article • May 15, 2007
New York Prisoner Awarded $12,500 For Inadequate Ulcer Treatment by In June 1998, a New York court of claims awarded $12,500 to state prisoner who claimed he received substandard medical care while imprisoned. The plaintiff claimed that in December 1994 prison medical personnel inadequately treated his simple ulcer. The defendants …
Article • May 15, 2007
Court Denies Appointment of Counsel in Medical Case by In deciding a motion to appoint counsel, the court first should determine whether the plaintiff is indigent, then whether the indigent's position "seems likely to be of substance." Then the court has discretion to consider the following factors: (1) the indigent's …
Article • May 15, 2007
NY Jail Must Release Suicide Reports by The New York Supreme Court ordered the director of the Suffolk Count Jail to release reports concerning a prisoner suicide to the New York State Commission of Correction, (Commission). On November 7, 2003, a prisoner at the Suffolk County Jail was found hanging …
Article • May 15, 2007
Documents Supporting SJ Are Judicial Documents and Disclosable by The Second Circuit Court of Appeals held that documents submitted to a court in support of or in opposition to a motion for summary judgment are judicial documents to which a presumption of immediate public access attaches under both the common …
Fed BOP Can Declare State Prison a Place of Fed Incarceration by Hassan Abdul-Malik was in New York state custody in 1993 when he was transferred to federal custody, convicted of postal robbery, and sentenced to thirty years in federal prison. He was then returned to state custody where he …
Article • May 15, 2007
Numerosity Supports Class Certification by Former employees alleged age discrimination in employment. Numerosity is presumed at a level of 40 class members. At 474: "Commonality is met if a common issue of law or fact is shared by the members of the prospective class." (Emphasis supplied) At 476: "Where, as …
Article • May 15, 2007
Class Certification Granted in Disparate Impact Case by Minority schoolteachers alleged that standardized tests they were required to pass had a disparate impact based on race. The defendants argued that no class should be certified under Galvan. The court rejects the argument, holding that Galvan does not always require denial …
Article • May 15, 2007
NY Court Certifies Class Action of Pay Searched Minorities by The court certifies a class of black and Latino men stopped and frisked by the Street Crimes Unit and alleging lack of probable cause and racial profiling. Class certification is particularly appropriate where a plaintiff seeks injunctive relief against discriminatory …
Article • May 15, 2007
Rule 68 Offer May Conflict With Class Action Rule by A Rule 68 offer of judgment may generally be in conflict with the policies and principles of Rule 23, that proposition does not apply where a class has not been certified. Here, the plaintiff fails to provide "one iota" of …
Article • May 15, 2007
Shower Fall May Implicate 8th Amendment by The plaintiff complained that he fell in the shower in the North Infirmary Command Unit 2-B and was injured, after he and other prisoners had filed grievances about the deteriorated conditions. The court applies Eighth Amendment standards to this detainee case (reciting the …
Article • May 15, 2007
Filed under: Civil Procedure, Parties
Leave to Amend Denied in NY Retaliation Suit by The plaintiff sought to amend his complaint to add 20 new defendants and numerous new incidents at a different prison from the actions complained of in his first complaint, and he did so shortly before the deadlines for completing discovery and …
Article • May 15, 2007
Filed under: Attorneys, Attorney Client
Attorney Client Privilege Must Be Assented in Timely Manner by At 521: "The failure to provide a timely privilege log or to describe the documents in conformity with the Local Rules may result in a waiver of the privilege." At 523: Nonetheless, the court excuses a failure to assert the …
Article • May 15, 2007
$1,660,000 Verdict for False Arrest by New York City Police Officer Sammy Gaurd was about to place a parking ticket on John McLaughlin's vehicle, when McLaughlin, who was a city meter operator, got into a verbal dispute with Gaurd, calling him an idiot. Gaurd then assaulted McLaughlin and arrested him …
Article • May 15, 2007
Offer of Judgment Must Include Attorney Fees by The plaintiff filed a class action against a collection agency and the defendant served an offer of judgment for the maximum amount that the plaintiff could recover, plus $500 for attorneys' fees and costs. The offer of judgment to the named plaintiff …
Article • May 15, 2007
Family Court Judge Immune From Suit by The plaintiff sued the county Department of Social Services and a Family Court judge for allegedly interfering with his correspondence with his son and ignoring his requests for visitation, and removing the child from his relatives' custody without notice to him. The Family …
Article • May 15, 2007
Supreme Court Strikes Down CSC Ban on Welfare Suits by The Court strikes down a statute forbidding Legal Services lawyers to challenge the constitutionality of welfare statutes, and in doing so characterizes litigation as speech and applies the usual First Amendment analysis to this content-based restriction. (Interestingly, the Court ignores …
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