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Article • May 15, 2007
"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 …
Article • May 15, 2007
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 …
No Immunity for 10 Day Cell Confinement by The court of appeals for the Second circuit affirmed and remanded a district court's ruling denying qualified immunity to New York state prison officials who placed a prisoner in cell confinement for ten days without notice or hearing. Upon being denied qualified …
NY Prisoner Awarded Damages in Disciplinary Hearing Suit by A federal district court in New York awarded $1,281 in damages to a New York state prisoner whose due process rights were violated at a disciplinary hearing. Defendants refused to investigate plaintiffs claim that marijuana found in his cell was not …
Article • May 15, 2007
Habeas Prevents Transfer for Medical Reasons by A New York detainee filed a habeas petition under § 2294 to prevent his transfer to California to face federal charges after being arrested in New York on a California warrant. At the extradition hearing he suffered heart failure. The district court dismissed …
Denial of Religious Services in Segregation States Claim by The court of appeals for the Second circuit held that New York prisoner had stated a claim that his religious rights were violated when he was denied access to religious services in segregation. Court also held that the-prisoner's claim that he …
Article • May 15, 2007
Prisoner Entitled to Possess Disciplinary Reports before Hearing by The court of appeals for the Second circuit held that a New York prisoner was entitled to receive, and keep possession, of disciplinary reports at least 24 hours before the scheduled hearing. Giving the prisoner the reports, then taking them from …
Article • May 15, 2007
Late Notice of Appeal Allowed when Prison Officials Don't Provide Paper by Late Notice of Appeal Allowed When Prison Officials Don't Provide Paper A federal district court in New York held that a notice of appeal rejected by the court clerk because it was typed on the wrong size paper …
Article • May 15, 2007
Additional Evidence in New York Medical Claim Allowed in Part by The United States District Court, Southern District of New York, has granted in part a New York Department of Correctional Services (DOCS) prisoner's motion to submit additional new evidence in a long-running suit over inadequate medical care. Ronald Davidson …
Balisok Doesn't Bar Excessive Force Claims by The U.S. Court of Appeals for the Second Circuit vacated a district court's dismissal of a prisoner's complaint of excessive force and denial of procedural due process while ruling that reversal of his prison disciplinary convictions was not a prerequisite to relief. Robert …
Prisoner's Out-of-Time Medical Neglect Lawsuit Allowed to Proceed by A U.S. District Court denied a county's motion to dismiss a prisoner's medical neglect claims and granted relief to the prisoner under Federal Rule of Civil Procedure 60(b)(6) by reinstating an action that earlier had been dismissed without prejudice. In August …
New York Prisoner Has Right to Witnesses at Disciplinary Hearing by The U.S. Court of Appeals for the Second Circuit held that prisoners have the right to due process at disciplinary hearings. A prisoner at the Fishkill Corrections Center in New York filed a civil suit claiming that his right …
Confiscation of Legal Files Excused Failure to Exhaust by A federal district court in New York held that the confiscation of a prisoner's legal files established cause and prejudice sufficient to overcome procedural default for failing to exhaust administrative remedies. In 1998, prisoner F. Lee Hinebaugh filed a federal petition …
Article • May 15, 2007
Refusal to Treat Tooth Cavity States §1983 Claim by Refusal to Treat Tooth Cavity States §1983 Claim The Second Circuit Court of Appeals has reversed and remanded a federal district court's grant of summary judgment on grounds of qualified immunity to prison officials who refused to treat a prisoner's tooth …
Article • May 15, 2007
Filed under: Visiting
New York Incarceration Alone Not Grounds to Deny Visits with Children by The Supreme Court, Appellate Division, Fourth Department, New York, held that the Erie County Family Court, erred when it denied a prisoners petition for visitation with his children, based solely on the prisoners record of incarceration. The appellate …
Article • May 15, 2007
New York Prisoner Has No Right to Sue Over being Placed in Protective Confinement by New York Prisoner Has No Right to Sue Over Being Placed in Protective Confinement The United States Court of Appeals for the Second Circuit, affirmed the U.S. District Court for the Western District of New …
DOCS Denied Summary Judgment on Mail, Retaliation, and Prison Conditions by The United States District Court for the Western District of New York has partly granted and partly denied summary judgment in a civil rights complaint brought by a New York prisoner against various officials of the Department of Correctional …
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