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Article • June 30, 2017 • from PLN July, 2017
New York: Disciplinary Segregation Settlement Finalized; $1.6 Million in Attorney Fees Awarded by Matthew Clarke by Matt Clarke On March 31, 2016, U.S. District Court Judge Shira A. Scheindlin granted final approval to a historic settlement between the New York Civil Liberties Union (NYCLU) and New York State that will ...
NY: Prisoner's Abuse Claim Survives Motion to Dismiss by Lonnie Burton On December 2, 2014, a federal judge denied New York City's attempt to dismiss a suit filed by a Riker's Island prisoner who claimed he was attacked and beaten by a jail guard without provocation or justification. The excessive ...
Brief • July 19, 2016
Tchatat v. City of New York et al, NY, Order, police photo telephone discovery, 2014 Case 1:14-cv-02385-LGS Document 151 Filed 11/10/14 Page 1 of 1 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------X : : JOSIAS TCHATAT, Plaintiff, : : -against: : THE CITY OF NEW YORK, et ...
Second Circuit Allows Muslim Prisoners’ Bivens Claims to Proceed by Derek Gilna Although Muslim prisoners held at the harsh U.S. military prison in Guantanamo Bay, Cuba have received more publicity, conditions of confinement for prisoners of Middle-Eastern descent in domestic prisons have also been abusive. So abusive, in fact, that ...
Brief • March 10, 2016
Filed under: Attorney Calls
Cheese v Primm, NY, Order, legal phone call, 2014 Case 1:13-cv-03982-RRM-LB Document 33 Filed 05/05/14 Page 1 of 1 PageID #: 75 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -----------------------------------------------------------------------x CONSTANTINE CHEESE, Plaintiff, ORDER 13 CV 3982 (RRM)(LB) v. THEO PRIMM (Captain RNDC) and CHRISTOPHER LOPEZ (Correctional Officer ...
Publication • September 11, 2015
Filed under: Attorney Calls
NY Corrections & Community Supervision - Inmate Telephone Calls, Revision Notice 2015 TITLE NO. 4423 Inmate Telephone Calls REVISION NOTICE REVISES DISTRIBUTION DIR #4423 Dtd. 1/15/2014 REFERENCES (Include but are not limited to) A B PAGES PAGE 1 OF DATE 2 5/21/2015 APPROVING AUTHORITY Added new material double underlined. Delete ...
Article • November 15, 2011
Suit Challenging Election Surveillance May Go Forward, Second Circuit Decides by A lawsuit challenging the Foreign Intelligence Surveillance Act Amendments of 2008 (FAA) may proceed, the U.S. Court of Appeals for the Second Circuit decided March 21, 2011. The lower court dismissed the suit on standing grounds. Amnesty International, with ...
Article • August 15, 2010 • from PLN August, 2010
Filed under: Telephones, Telephone Rates
Exorbitant Prisoner Phone Rates Pass New York Constitutional Scrutiny by David Reutter by David M. Reutter On November 23, 2009, the New York Court of Appeals – the state’s highest court – affirmed the dismissal of a lawsuit arguing that the contract between the New York State Department of Correctional ...
Article • October 15, 2008 • from PLN October, 2008
NY DOC’s Former 60% Prisoner Phone Call Kickback Scheme Did Not Violate Prisoners’ Families’ Constitutional Rights by NY DOC’s Former 60% Prisoner Phone Call Kickback Scheme Did Not Violate Prisoners’ Families’ Constitutional Rights In December, 2007, the New York State Supreme Court (this is a trial level court) held that ...
Article • August 15, 2008
Filed under: Telephones, Telephone Rates
New York Prison System Phone Kickbacks Upheld; Reversed by Court of Appeals by A New York Supreme Appellate Court has sidestepped ruling on the merits of a lawsuit claiming that the practice of the New York Department of Correctional Services (DOCS) of receiving a commission from prisoner phone calls was ...
Court Upholds Photocopying of Jail Prisoner’s Mail, Suppression Denied by Court Upholds Photocopying of Jail Prisoner's Mail, Suppression Denied The detained criminal defendant had an expectation of privacy in his non-legal mail that he may assert by moving to suppress evidence in his prosecution. Although applicable regulations permit prison authorities ...
Article • May 15, 2007
Notice Implies Consent to BOP Jail Phone Recordings by The criminal defendants were convicted based in part on recordings of their telephone calls from jail. Title III of the Omnibus Crime Control and Safe Streets Act of 1968 generally forbids telephone surveillance without a warrant, but has exceptions for instances ...
Article • May 15, 2007
NY Ban on Internet Materials Upheld by A serious medical need is "a condition of urgency that may result in degeneration or extreme pain." (559) (No it isn't, necessarily.) The plaintiff alleged an eight-month delay in diagnosis of his "bowel disorder" (mild distal proctitis and internal hemorrhoids) from the time ...
Article • May 15, 2007
Telephone User Has Standing to Sue Over Poor Service by A telephone user complaining of poor service had standing to sue the telephone service provider under 47 U.S.C. §§ 206 and 207 (the Communications Act), which makes violators of the Act liable to parties whom they injure. The substantive violation ...
Article • May 15, 2007
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 ...
Article • April 15, 2007 • from PLN April, 2007
Two Victories in New York’s Struggle Against Unjust Telephone Contract by Rachel Meeropol Two Victories in New York's Struggle Against Unjust Telephone Contract by Annette Dickerson, Rachel Meeropol, and Lauren Melodia Families of those incarcerated by New York State finally won some justice this winter in their fight against a ...
Article • March 15, 2006 • from PLN March, 2006
NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments by NY DOC's 60% Telephone Call Surcharge" Violates First and Fourteenth Amendments by John E. Dannenberg The U.S. District Court (S.D. N.Y.) ruled that the 60% surcharge (kickback) that the New York State Department of Corrections (NYDOC) receives from ...
Article • May 15, 2004 • from PLN May, 2004
NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund by NYPD Commissioner Charged With Stealing $112,733.98 from Jail Prisoner Fund By Matthew T. Clarke On July 11, 2003, NYPD Deputy Po-lice Commissioner of Community Affairs Fredrick J. Patrick, 38, was arrested on federal charges that he looted close to ...
Judicial Sentence of Life in Solitary Upheld by The court of appeals for the Second circuit affirmed a court imposed sentence of life imprisonment in solitary confinement and prohibiting all communication with anyone except the defendant's attorney and close family members after the district court had approved them. The appeals ...
Article • February 15, 1997 • from PLN January, 1997
Call Recipient's Rights Not Violated in Phone Taping by The court of appeals for the second circuit held that the rights of the free person accepting a collect call from a prisoner are not violated when the calls are taped and monitored by law enforcement officials. It also held prisoners ...
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