Prison Officials Must Follow Own Grievance Procedures by Defendants argued that though plaintiff had filed grievances about various matters, he had only gone to the final step with grievances about one defendant; therefore other defendants must be dismissed. At 211: In response, plaintiff has submitted an affidavit explaining the steps …
New York City Settles Guards' Assault On Prisoner For $9,900 by In 2004 the City of New York paid $9,900 to settle a prisoner's federal lawsuit that alleged guards at Bikers Island beat him and then wrote false disciplinary reports against him. On May 27, 2003, plaintiff Anthony Colon was …
States Duty To Protect Prisoners Is Limited To Reasonably Foreseeable Risks by Suffering from seizures, former New York State prisoner Wesley Levin appealed a Court of Claims' dismissal for damages because of injuries sustained after falling twice from his top bunk. The second fall occurred three days after Doctor Francois …
Second Circuit: Bank Larceny Not Qualifying Federal Offense For Probationer's DNA Collection by Second Circuit: Bank Larceny Not Qualifying Federal Offense For Probationer's DNA Collection by Michael Rigby On January 10, 2005, the U.S. Second Circuit Court of Appeals held that bank larceny was not a "qualifying federal offense" for …
BOP Skin, Retaliation Suit Dismissed by The plaintiff alleged that at a Pennsylvania federal prison he had a skin rash, itching, swelling, and other symptoms and was treated for an allergic reaction; he was told that the Bureau of Prisons would not pay for an allergist or dermatologist and he …
No Court Access Claim for Loss of Legal Papers by The plaintiff alleged that his legal papers were lost, preventing him from making important submissions in his criminal appeal (in which he had counsel) and "perhaps" causing the loss of the new trial he obtained. At 261: "Interferences that merely …
Children Have No Right to Protection from Abuse by State by Minor children sued employees of the state Department of Children and Families for failing to protect them from their stepfather's physical abuse, asserting that the state child welfare statutes create a right to child protective services protected by due …
ADEA Exhaustion Not Jurisdictional by Exhaustion under the Age Discrimination in Employment Act is not jurisdictional (150). The court applies to ADEA administrative exhaustion the same rule applied to Title VII exhaustion, since the requirements are the same. A claim not asserted in the administrative charge may be litigated in …
Disciplinary Appeal Based on Same Facts May Exhaust Beating Claims Too by Defendants say the plaintiff failed to appeal to the highest level of the grievance process. However, plaintiff says he filed a grievance but DOCS failed to act on his complaints. He has sought discovery but defendants have refused. …
Administrative Exhaustion in Medical Neglect Claims Discussed by The plaintiff complained of medical neglect during a period in which he was transferred among facilities; he filed two grievances and exhausted them. Defendants argued that he did not sufficiently exhaust all the occurrences at all the prisons. The court addresses a …
Inconsistent Jury Verdict on Qualified Immunity Requires New Trial by Qualified immunity should be raised before trial so the claim can be disposed of by summary judgment where possible or factual disputes material to it can be identified and presented to the jury. The defendants did not waive their qualified …
Cover Up of Police Misconduct May Violate Court Access Rights by Allegations that after a drunken police officer ran over the decedent, other police officers conspired to select a sobriety test the officer might beat, delayed administration of the test, intimidated witnesses, and destroyed material evidence at the crime scene, …
Color Blindness is Major Life Activity Under ADA by Color Blindness is Major Life Activity Under ADA The plaintiff bus driver was found to be color blind and was told to resign or be terminated. He sued under the ADA, alleging that he was regarded by the Transit Authority as …
Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams by Shi'ite Prisoner's Complaint States §1983 Claim Against DOCS' Sunni Imams The U.S. District Court for the Southern District of New York, on motions for partial summary judgment and to dismiss, held that a New York Department of Correctional Services …
Summary Judgment Denial Reversed, Mail Restrictions Okayed by The U.S. Second Circuit Court of Appeals reversed and remanded a New York District Court's denial of prison officials' summary judgment motion in a mail restriction case. Duat A. Duamatoff is a New York Department of Correctional Services (DOCS) prisoner. In 1995, …
"Three Strikes" Rule's "Imminent Danger" Exception Applies at Filing Time by "Three Strikes" Rule's "Imminent Danger" Exception Applies at Filing Time Joining all other circuit courts of appeals that have ruled on the question, the U.S. Second Circuit Court of Appeals ruled that the "imminent danger" exception to the "three …
Retaliatory Beatings Violate First Amendment, Damages Awarded by Retaliatory Beatings violate First Amendment, Damages Awarded The court of appeals for the Second circuit held that a district court had improperly granted Judgment Notwithstanding the verdict to prisoner officials in a retaliation suit filed by New York state prisoners. Court also …
Informants Require Reliability Evaluation by A federal district court in New York held that an independent credibility assessment must be done before statements from confidential informants could be used in a prison disciplinary hearing. Plaintiff was infracted for stabbing another prisoner at Sing Sing prison. The only evidence against him …
Prison Officials Liable for Lack of Mental Health Care by A federal district court in mew York held that state prison officials were liable for a policy that housed mentally ill prisoners with those who were not. Officials were also liable, in this class action suit by women prisoners in …
Section 1983 Proper to Escape Guard Threats by A New York detainee at Riker's Island jail filed a habeas corpus petition seeking a transfer due to threats by jail guards. The district court dismissed the petition. Prisoner then filed a § 1983 suit, which was also dismissed. The court of …
