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Article • May 15, 2007
New York Prisoner Awarded $579,000 For Untreated Knee Injury by In October 1998, a New York court of claims awarded a state prisoner $579,000 for a knee injury that went untreated. While playing basketball, the plaintiff, a 33-year-old prisoner, heard a pop in his knee. He was carried to the …
New York Prisoner's Due Process Right's Violated At Disciplinary Hearing by The US Court Of Appeals for the Second Circuit held that the lower court was correct in holding that the Department of Corrections(DOC) violated the due process rights of a prisoner. The adjustment committee and the warden discussed the …
Male Guards Violate Female Prisoners Right to Privacy by New York state female prisoners at the Bedford Hills Correctional Facility filed a 42 U.S.C. p1983 complaint claiming violations of their right to privacy. The federal district court granted a preliminary injunction based solely on the briefs and affidavits submitted by …
Article • May 15, 2007
Evidentiary Hearing Required Prior to Preliminary Injunction by New York state female prisoners at the Bedford Hills Correctional Facility filed a 42 U.S.C. §1983 complaint claiming violations of their right to privacy. At issue was the state's introduction of male guards into the facility, including housing and hospital units where …
Article • May 15, 2007
Guard's Employment Rights Trump Prisoners' Privacy Rights by New York state female prisoners at the Bedford Hills Correctional Facility filed a 42 U.S.C. p1983 complaint when male guards were assigned to their housing and medical units at night. The prisoners claimed that their constitutional rights to privacy were being violated …
9-11 Detainees' Suit Survives Government's Motion to Dismiss by Matthew Clarke By Matthew T.Clarke On. September 27, 2005, a federal district court in New York issued a 70-page, unpublished memorandum and order granting in part and denying in part the defendants' motion to dismiss civil rights conditions-of confinement claims brought …
Silence can Constitute "Waiver" of Witness at Disciplinary Hearings by Silence can Constitute "Waiver" of Witness at Disciplinary Hearings The Second Circuit Court of Appeals held a prisoner's failure to request a witness testify at disciplinary hearing after the hearing officer asked if the hearing should go in any other …
Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion by Retaliatory Keep-Lock for Assisting Prisoner with Grievance Defeats Dismissal Motion A New York federal district Court denied prison official's motion to dismiss a prisoner's 42 U.S.C. §1983 complaint alleging retaliation assisting another prisoner with a grievance. The prisoner was …
Article • May 15, 2007
New York Appeals Court Upholds Prisoner's Disciplinary for 9-11 Comment by On June 17, 2004, a New York court of appeals upheld disciplinary action taken against a state prisoner for a comment he allegedly made while watching TV coverage of the 9-11 attacks. Particio Linares, a New York state prisoner, …
Article • May 15, 2007
No Summary Judgment on NY Failure to Protect Claim by The New York Supreme Court upheld a lower court's denial of summary judgment to jail officials on a prisoner's failure to protect claim. On January 17, 2001, James Nelson, a member of the "Bloods" gang, and Walter Lindsay fought in …
Article • May 15, 2007
Filed under: Media, Internet
NY DOC Website Posting Not Defamatory by In an unpublished opinion, the court of appeals for the Second circuit upheld dismissal of a prisoner's lawsuit claiming that he was defamed when the New York Department of Correctional Services posted information stating he had been convicted of robbery on its website …
$500 Award in Failure to Protect NY Prisoner from Assault by William Blake, Jr., a prisoner at the Sullivan Correctional Facility (SCF), filed a pro se law suit against SCF, for failing to prevent another prisoner from assaulting him, in SCF's Special Housing Unit (SHU). In November 1998, a prisoner …
$200 Awarded To Prisoner Wrongfully Held On Keeplock Status by Osvaldo Solis, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him on keeplock status. On April 14, 2001, Solis was placed on keeplock confinement for allegedly taking part …
Article • May 15, 2007
$200 Awarded To NY Prisoner in Slip and Fall Suit by Curtis Flowers, a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for injuries he received as a result of slipping on the stairs at SSCF. On December 4,1998, Flowers slipped and …
Article • May 15, 2007
$194.50 Awarded To Prisoner in Loss of Property Suit by Stephen Grant, a prisoner at the Gowanda Correctional Facility (GCF), filed a pro se law suit against GCF, for depriving him of certain privileges and for the loss of his personal property. In September 1996, Grant, was placed in the …
Article • May 15, 2007
$180 Award in Prisoner Excessive Keeplock Confinement Suit by Gregory Pratt, a prisoner at the Sing Sing Correctional Facility (SSCF) in New York, filed a pro se law suit against SSCF, for keeping him on keeplock confinement for 18 days without a hearing. On March 11, 2000, Pratt was, issued …
$135 Award in Prisoner Wrongful Confinement Suit by William Mingues (Underwood), a prisoner at the Sing Sing Correctional Facility (SSCF), filed a pro se law suit against SSCF, for wrongfully placing him in the Special Housing Unit (SHU), for an excessive amount of time. In August of 2000, Mingues, was …
Article • May 15, 2007
$1 Award Suit By NY Jail Prisoner Assaulted By Prison Guard by Robert Ciaprazi, a prisoner in New York, filed a law suit against Nassau County and Thomas Amato and Peter Skalkos, two jail guards, who allegedly assaulted him. Ciaprazi, alleged that in 1996, guard Amato was withholding food from …
Article • May 15, 2007
$380 Awarded for fall from NYDCS Transport Van by A New York State court held that the New York Department of Correctional Services (DCS) was liable for injuries a prisoner sustained when he fell from a transport van. Finding minimal, superficial damages, the court awarded $380. On February 21, 2001, …
Article • May 15, 2007
$10,000 Awarded In New York Prisoner Work Injury Suit by In 2000 the New York Court of Claims awarded $10,000 in damages to a prisoner who cut his finger off while using a band saw at Woodbourne Correctional Facility in New York on February 7, 1996. He worked in the …
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