Federal Court Holds PLRA Physical Injury Requirement Applies After Release by A federal district court for the Southern District of New York has held that the Prison Litigation Reform Act's (PLRA's) "physical injury" requirement, 42 U.S.C. §1997e(e), applies to actions brought by released prisoners. This ruling conflicts with several federal …
New York Jail Conditions Found Unconstitutional, Remanded for Remedy by New York Jail Conditions Found Unconstitutional, Remanded For Remedy The Second Circuit Court of Appeals affirmed the finding that various conditions at the "Tombs," the Manhattan (New York) House of Detention for Men, were unconstitutional, and remanded the case to …
Appeal Affirmed in Unconstitutional New York Jail Conditions of Confinement by In a class action brought by New York City prisoners in pretrial confinement for declaratory and injunctive relief regarding alleged unconstitutional conditions of confinement, and on appeal by corrections commissioner, the Second Circuit Court of Appeals held that (1) …
Intentional Destruction of Evidence Requires Sanction by The New York Supreme Court, Appellate Division, reversed a Court of Claims' denial of a motion for sanctions where prison officials destroyed video tapes showing that a prisoner was beaten. The Attica Correctional Facility prisoner sought damages for injuries caused by guards beating …
No Liberty Interest for N.Y. Prisoner to Remain in Shock Incarceration Program by No Liberty Interest for N.Y. Prisoner to Remain in Shock Incarceration Program The Second Circuit Court of Appeals held a New York youthful, nonviolent prisoner does not have a liberty interest to remain in a "shock program" …
Summary Judgment Improper, Proof of State-Enforced "Custom" States Claim by Summary Judgment Improper, Proof of State-Enforced "Custom" States Claim The U.S. Supreme Court reversed and remanded a district court's dismissal of a federal civil rights action, holding that it was improper because defendant's materials did not sufficiently negate plaintiff's allegations. …
Cell Search Ordered By Prosecutor Actionable Under Fourth Amendment by The U.S. Court of Appeals for the Second Circuit held that a prisoner in New York's Metropolitan Correctional Center retained sufficient Fourth Amendment rights to challenge a cell search initiated by the prosecution in his criminal case. Three defendants appealed …
$750 Award in Prison Failure to Protect Prisoner Suit by Alfredo Bonilla, a prisoner at the Clinton Correctional Facility (CCF), filed a suit against CCF for failing to prevent an attack on him by two other prisoners. On 2-16-00, while Bonilla was housed at CCF's main institution, a prison guard …
N.Y. Detainee Rights Upheld Under Due Process by The Supreme Court of New York held that any restraints imposed upon pre-trial detainees in excess of assuring their attendance at trial constituted deprivation of due process, which included limitations on telephone use, receiving and sending letters, non-contact visiting periods, the receipt …
Prisoners Have Right to Impartial Hearing Officer and to be Informed of Adverse Evidence in Disciplinary Hearings by Prisoners Have Right to Impartial Hearing Officer and to be Informed of Adverse Evidence in Disciplinary Hearings The Second Circuit Court of Appeals held that prisoners have the right to a hearing …
Separate Religious Accommodations for N.Y. Shi'a Muslim Prisoner Order by The New York Supreme Court, Dutchess County, ordered the New York Department of Correctional Services (NYDOCS) to provided separate religious accommodations for Shi'a Muslim prisoners. A prisoner at Fishkill Correctional Facility challenged NYDOCS's policy of considering Shi'a Muslim and Sunni …
Jail Policies Regarding HIV Infected Prisoner Unconstitutional by The U.S. District Court for the Western District of New York held that certain practices of the Erie County (New York) Holding Center regarding the handling of an HIV-infected prisoner violated New York State law and the U.S. Constitution. Former prisoner Louise …
New York Prisoner Wins Medical Neglect Law Suit by The US Court Of Appeals for the Second Circuit reversed a District Court's dismissal of a complaint filed by a prisoner at the Attica Prison in New York. The prisoner filed the complaint because he was transferred back to the prison …
No Immunity In Denial Of Presence During Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the US District Court did not properly address the qualified immunity defense of Department Of Corrections (DOC) officials. A prisoner at the Green Haven Correctional Facility in New York …
New York Prisoner Entitled to Reasons for Witnesses Refusal to Testify at Disciplinary Hearing by New York Prisoner Entitled to Reasons for Witnesses Refusal to Testify at Disciplinary Hearing The New York Supreme Court, Appellate Division, held that a prisoner is entitled to have established a witness' reasons for refusing …
$500 Paid in NY Prisoner Medical Negligence Claim. by Willie Sykes, a Sing Sing Correctional Facility prisoner at the time of trial, complained of pain in his heels at Downstate Correctional Facility, and staff advised him to see a podiatrist when he got to the next facility. Ten days later …
Class Certified in New York Jail Post Riot Retaliation Suit by A New York federal district court held that class certification is proper when common issues of fact and law predominate; a federal forum is proper when federal constitutional and statutory violations are alleged; and the prisoners in this action …
Due Process Requires Contact Visits for Female Detainees by The New York Court of Appeals held that contact visits of reasonable duration is required by the due process clause of the State Constitution. Three female detainees filed a class action against the Monroe County Jail for prohibiting pretrial detainees contact …
Excessive Violence States Eighth Amendment Claim by Prisoner filed class action suit alleging an excessive level of prisoner- prisoner and staff-prisoner violence at the Correctional Institute For Men (CIFM) in New York City. The district court found (1) that evidence of persistent overcrowding, failure to classify prisoners,. excessive reliance on …
NY Property Recovery Procedures Require Notice of Procedure; Procedures May Violate Due Process by NY Property Recovery Procedures Require Notice of Procedure; Procedures May Violate Due Process The Second Circuit Court of Appeals held a prisoner stated a due process claim for the refusal of police officials to return his …
