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NY Prisoner's Right to Practice Religion was Violated by In an unpublished opinion, the U.S. Court of Appeals for the Second Circuit held that pro se prisoners proceeding in forma pauperis were "entitled to rely on service by the U.S. Marshals." A New York prisoner filed a suit against the …
Qualified Immunity for Rockerfeller in Attica Prison Riot by The Second Circuit held that Governor Rockerfeller enjoyed qualified immunity even though he authorized armed force to retake the Attica prison. Akil Al-jundi was on D-yard of Attica prison in 1971 when armed state police and prison guards stormed the facility, …
Second Circuit Partly Reinstates Prisoner's §1983 Claims by Second Circuit Partly Reinstates Prisoner's §1983 Claims The Second Circuit Court of Appeals has reinstated parts of a New York prisoner's 42 U.S.C. §1983 claims against various staff in New York's Department of Correctional Services (DOCS). In so doing, the court reaffirmed …
Article • May 15, 2007
New York: Nassau County Settles With Assaulted Prisoner For $98,500 by On February 27, 2001, Nassau County, New York, settled with a former prisoner who had been assaulted by another prisoner for $98,500. While imprisoned in the Nassau County Correctional Facility on a 90-day sentence for DUI, plaintiff Darrin Rydberg …
Article • May 15, 2007
New York: State Liable For Damages In Prisoner's Fall by On June 6, 2003, the Court of Claims, Rochester, held that the State of New York was liable for injuries a prisoner sustained when he slipped and fell in water that leaked onto his cell floor from the shower. Gary …
Article • May 15, 2007
New York: State Liable In Prisoner Assault, Prisoner Awarded $250 by On July 2, 2003, the Court of Claims, Rochester, held that the State of New York was liable in a prisoner assault and awarded the prisoner $250. Anatolis Fominas, a prisoner at the Wende Correctional Facility in Alden, New …
Article • May 15, 2007
New York State Prisoner Awarded $1,000 For Work Related Knife Injury by On June 26, 2002, a state court of claims awarded New York state prisoner Jose Santiago $1,000 for a knife injury he sustained while working in the prison butcher shop. The injury required two stitches. While working in …
U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. by U.S. Citizen Labeled Enemy Combatant Has Detention Examined Under Prison "Some Evidence" Standard. A federal District Court in New York has held that a U.S. citizen detained in the United States, and labeled an enemy combatant …
Article • May 15, 2007
Kosher Diet and Jewish Beard Requirement States Claim by A federal district court in New York denied prison official's motion to dismiss a Jewish New York state prisoner's complaint alleging violation of his right to freely practice his religion. The court held that requiring the prisoner to maintain a beard …
Article • May 15, 2007
$350 Awarded New York Prisoner for Assault by A New York Court of Claims has awarded Five Points Correctional Facility prisoner Arnold Fordham $350.00 for injuries he received from an assault by his cellmate. Fordham's suit alleged prison officials were aware of the threat his cellmate raised and failed to …
Article • May 15, 2007
$200,000 Awarded In New York Prisoner Assaulted By Guard Suit by In 2000 the New York, Court of Claims awarded $200,000 in damages to a prisoner who was assaulted by a guard at the Gowanda Correctional Facility in Buffalo. The prisoner, represented by his attorney, Douglas A. Durnin filed suit …
Article • May 15, 2007
New Trial Granted in Strip Search of Detainee by A federal district court in New York has granted a pretrial detainee's motion for new trial after a jury verdict found the guard had reason to strip the detainee. The detainee, Fredrick Lee, was arrested for three misdemeanor offenses and held …
Article • May 15, 2007
Costs of Deposition Copy Not Waivable by A New York federal district court has held that an indigent plaintiff can not be allowed to take a deposition of witnesses without pre-paying the costs thereof, and that the defendants can not be compelled to advance the costs of the deposition. To …
Denial of PI Affirmed, But Claim Has "Colorable Merit" by Denial of PI Affirmed, But Claim Has "Colorable Merit" The U.S. Second Circuit Court of Appeals held that a federal district court did not err in denying a prisoner a preliminary injunction. Francis Conti, a New York State prisoner, sued …
Article • May 15, 2007
$200 Awarded New York Prisoner for Fan Injury by A New York Court of Claims has awarded prisoner Tyrone Marsh $200 for injuries incurred after a fan from his cell fell and hit him in the head. While in his cell at Green Haven Correctional Facility on August 20, 2002, …
Article • May 15, 2007
$60,000 Awarded In New York Prisoner Assault Suit by In 2000 the New York, Court of Claims awarded $60,000 to a prisoner who was assaulted by other prisoners at Shawangunk Correctional Facility in New York. On 2-19-91 the prisoner was assaulted by other prisoners while handcuffed in the prison yard. …
Article • May 15, 2007
$510.00 Awarded In Prisoner Property Loss Suit by In 2000 the New York, Court of Claims awarded $510.00 to a prisoner at the Wyoming Correctional Facility in New York for theft of his property. On 6/24/97 the prisoner's locker was broken into and his property stolen while he was at …
Article • May 15, 2007
Drug Patch Discussed by In a motion to revoke a federal probationer's parole, a federal district court in New York gives a detailed discussion on the Pharmchem drug testing sweat patch. The sweat patch is affixed to human skin and absorbs sweat which is later tested for drugs. The court …
Article • May 15, 2007
Intercepted Conversation of Jail Visitor Not Protected by The United States Supreme Court held that a state court conviction, for refusing to answer questions interposed by a state legislative committee, did not present a federal due process question, under the circumstances of the case. Although the Court declined to explicitly …
Anonymous Jury, Failure to Disclose, Approved in Latin Kings' Trial by The U.S. Second Circuit Court of Appeals approved the use of an anonymous jury by the U.S. District Court for the Southern District of New York and held that the Government's failure to disclose to the defense a witness' …
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