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Article • October 10, 2017 • from PLN October, 2017
Second Circuit: Ross Abrogates “Special Circumstances” Exhaustion Exception by The Court of Appeals for the Second Circuit reversed the non-exhaustion dismissal of a New York prisoner’s excessive force suit. Applying Ross v. Blake, 136 S.Ct. 1850 (2016) [PLN, July 2016, p.22], the appellate court held that no administrative remedies were ...
Article • October 10, 2017 • from PLN October, 2017
Family Files Wrongful Death Suit Against County Jail in New York by Derek Gilna by Derek Gilna The family of deceased prisoner Jimmy Richardson filed a federal lawsuit against the Schenectady County Jail in New York in April 2017, alleging that the facility and its medical contractor, Correctional Medical Care, ...
Article • September 12, 2017
$1.3 Million+ Award of Attorney's Fees and Costs Approved in New York Unlawful Confinement Case that Netted Only $1 in Damages by Lonnie Burton by Lonnie Burton On June 17, 2016, Judge Jed A. Raskoff, sitting in the U.S. District Court for the Southern District of New York, issued an ...
Article • September 6, 2017
City of New York Settles Police Beating Case for $614,500 by Christopher Zoukis by Christopher Zoukis The City of New York and two NYPD officers have settled a lawsuit alleging multiple beatings at the hands of officers. Jateik Reed, William Reid and Trevor Nigel alleged that they were improperly stopped ...
Article • September 1, 2017
Filed under: Hunger Strikes, Food, Suicides
New York Courts Affirms Prison's Right to Force Feed Prisoner by Lonnie Burton by Lonnie Burton On December 29, 2016, a New York appellate court ruled that prison officials did not violate a prisoner's rights by medically force feeding him. The court found that the prison's responsibilities for "safety and ...
Article • August 30, 2017 • from PLN September, 2017
Exonerated Man Receives $6 Million in Malicious Prosecution Settlement by Christopher Zoukis by Christopher Zoukis Derrick Deacon spent more than 24 years in prison for a murder he did not commit. After having his conviction thrown out by an appeals court and being found not guilty in a subsequent retrial, ...
Article • August 29, 2017 • from PLN September, 2017
New York Parole Board Repeatedly Held in Contempt; One Case Reversed on Appeal by In May 2016, the New York Supreme Court in Dutchess County held the State Parole Board (the Board) in contempt for failing to follow a court order governing a parole review. New York state prisoner John ...
Article • August 22, 2017
New York Federal Court Allows Attorney's Fees for Time Spent Preparing Application for Attorney's Fees by Lonnie Burton by Lonnie Burton In a Memorandum & Order dated December 21, 2016, United States District Court Judge Nicholas G. Garaufis, adopted in full a magistrate's Report & Recommendation (R&R) granting just over ...
Article • August 22, 2017
Filed under: Visiting, Fathers in Prison
New York Court Rules Mother Not Required to Bring Child to Prison to Visit Incarcerated Father by Lonnie Burton by Lonnie Burton On October 20, 2016, a New York state appeals court upheld a ruling by a judge of the Family Court of Warren County denying a petition by an ...
Article • August 22, 2017
Filed under: Sex Offender Treatment
New York Appellate Court Orders Sex Offender Released from Civil Confinement, Holds Man was Unlawfully Committed by Lonnie Burton by Lonnie Burton On December 17, 2014, the New York Court of Appeals reversed a Supreme Court order which revoked the out-patient treatment of a sex offender and directed that he ...
Article • August 22, 2017
New York Appeals Court Finds Prisoner Improperly Denied Witnesses at Disciplinary Hearing, Yet Denies Relief by Lonnie Burton by Lonnie Burton On September 30, 2016, a New York appellate court upheld the dismissal of a state prisoner's claim that he was unlawfully confined following a guilty finding at a prison ...
Article • August 4, 2017
$175,000 Settlement for NY BOP Employee Allegedly Threatened, Sexually Harassed by Coworker by Joe Watson by Joe Watson Etta Traynham, a recreational specialist at the Metropolitan Correctional Center, New York City’s Federal Bureau of Prisons facility, settled a Title VII lawsuit filed against the Department of Justice for $175,000 in ...
Article • August 4, 2017
$3,000 Settlement for NY Prisoner Assaulted, Harassed by Guards by Joe Watson by Joe Watson Michael Modlenaar, a former prisoner at the Upstate Correctional Facility in Malone, N.Y. settled a 42 U.S.C.S. § 1983 complaint in August 2008 for $3,000 after alleging that multiple prison guards had beaten, harassed and ...
Article • July 28, 2017 • from PLN August, 2017
Unlikely Criminal Justice Reform: How New York City Reduced Arrests and Slashed Prisoner Populations by Lonnie Burton by Lonnie Burton In what has been described as a "remarkable reversal of mass incarceration,” a newly-published report by Justice Strategies credited the New York Police Department (NYPD) for a massive decline in ...
Article • July 28, 2017 • from PLN August, 2017
Filed under: Shootings, Parole
New York: Police Department Ordered to Produce Police Manual in Parolee Shooting Case by Christopher Zoukis by Christopher Zoukis Nassau County Supreme Court Judge Karen V. Murphy ordered the Nassau County Police Department (NCPD) to turn over its Police Department Manual to the plaintiff in a wrongful death suit on ...
Article • July 28, 2017 • from PLN August, 2017
Disability Rights Group Slams Mental Health Program at New York State Prison by Derek Gilna by Derek Gilna Disability Rights New York (DRNY), the state’s Protection & Advocacy group, which has a federal mandate to advocate for people with disabilities, issued a lengthy report critical of the treatment of prisoners ...
Publication • July 27, 2017
New York City Board of Correction - An Assessment of Enhanced Supervision Housing for Young Adults, 2017 An Assessment of Enhanced Supervision Housing for Young Adults New York City Board of Correction July 2017 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................................................................................................................ III This Assessment .............................................................................................................................................................. iii Young Adult ESH ........................................................................................................................................................... iv ...
Publication • July 27, 2017
Sylvia Rivera Law Project - Name Changes for Transgender Adults in New York State Prisons, 2017 NAME CHANGES FOR TRANSGENDER ADULTS IN NEW YORK STATE PRISONS Last Updated Spring 2017 LEGAL DISCLAIMER This manual was written by the staff at the Sylvia Rivera Law Project. We would like to thank ...
Article • July 20, 2017
Filed under: War on Drugs, Juries
When Laws Are Unjust: A Primer on Jury Nullification by Joe Watson by Joe Watson The 2014 trial of Jacob Lavaro—a 19-year-old from Austin, Texas, who was facing five years to life for making a pound-and-a-half of pot brownies— has again provoked the ire of criminal justice reform advocates, including ...
Article • July 18, 2017
Trans People in Prison Fight Barriers to Changing Their Legal Names and Gender Markers by Victoria Law by Victoria Law, Truthout During her 30 years in California's prison system, Cookie Bivens has seen numerous trans women attempt to change their name and gender marker while incarcerated. Not a single woman ...
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