September 19, 2015 Comments Off on Inmate misses hearing out of fear of being beaten
A former state prisoner who missed an assessment hearing out of fear of being beaten wants his sex offender risk level downgraded, claiming his absence was involuntary. James Poleun, 47, pleaded guilty in 2009 in Niagara County Court to a ...
Tagged with: Inmate
Read More »September 14, 2015 Comments Off on WDNY – Aguirre v. Kendra
U.S. District Court, WDNY Inmate – Due Process Pro Se – Replead Aguirre v. Kendra 14-cv-6346L Judge Larimer Background: The pro se plaintiff commenced an action alleging that, while he was an inmate in custody of the defendants, violated his ...
Tagged with: due process Inmate U.S. District Court WDNY
Read More »September 5, 2015 Comments Off on Prisoner can amend his due process claim
An Auburn Correctional Facility inmate will be given more time to develop his complaint against officials at the Attica Correctional Facility where he claims his due process rights were violated with respect to disciplinary measures taken against him for receiving ...
Tagged with: Inmate U.S. District Court
Read More »September 3, 2015 Comments Off on Inmate’s claims of unsanitary conditions, abuse re-instated
A state inmate who claims he was forced to breathe air smelling of his own excrement for several days may proceed with his federal lawsuit alleging unsanitary confinement, retaliation for not snitching on fellow inmates and other allegations. The U.S. Court of ...
Read More »August 9, 2014 Comments Off on Inmate’s parole denial raises other issues
The denial of parole for a former Seneca County inmate is being upheld despite his contentions that the state Division of Parole put too much emphasis on the gravity of the crime committed nearly 20 years ago. Acting Supreme Court ...
Tagged with: Inmate
Read More »July 25, 2014 Comments Off on Prison request violated free exercise of religion
Making a Muslim inmate choose between breaking a Ramadan fast early or facing disciplinary actions for not submitting to a urine drug test placed a substantial burden on his free exercise of religion, a federal appeals court has ruled. The ...
Read More »December 23, 2013 Comments Off on Inmate can proceed with suit against guards
A former Attica Correctional Facility inmate will be allowed to proceed with a civil rights suit against corrections officers whom he claims threw a substance at him containing feces, vinegar and machine oil. The U.S. Court of Appeals for the ...
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Read More »December 12, 2013 Comments Off on Fourth Department — Inmate — Litigation Costs: Martinez v. State of New York
Appellate Division, Fourth Department Inmate — Litigation Costs Proper Venue — Protective Order Martinez v. State of New York CA 12-01352 Appealed from Court of Claims Background: The claimant, an inmate in a correctional facility, brought a slip and fall action ...
Tagged with: Appellate Division Fourth Department Inmate litigation costs
Read More »December 11, 2013 Comments Off on Fourth Department — Inmate — Litigation Costs: Martinez v. State of New York
Appellate Division, Fourth Department Inmate — Litigation Costs Proper Venue — Protective Order Martinez v. State of New York CA 12-01352 Appealed from Court of Claims Background: The claimant, an inmate in a correctional facility, brought a slip and fall ...
Tagged with: Appellate Division Fourth Department Inmate litigation costs
Read More »March 11, 2013 Comments Off on Inmate’s lack of consent sends case back down
The U.S. Court of Appeals for the Second Circuit does not have jurisdiction to review a magistrate judge’s order because the defendant did not consent to have his case reviewed by a magistrate judge. The Second Circuit last week vacated ...
Tagged with: Inmate summary judgment u.s. court of appeals for the second circuit
Read More »January 10, 2012 Comments Off on Claims rejected for inmate who attacked prison employees
The constitutional rights of a former Auburn Correctional Facility inmate were not violated by the court’s allowing him to represent himself at trial, an appeals court has decided. The Appellate Division, Fourth Department, in People v. Clyde (2011 NY Slip ...
Tagged with: Appeals court Inmate pro se
Read More »December 2, 2011 Comments Off on Inmate caught after escaping
Authorities say they’ve captured an inmate who escaped from a state-run correctional facility in Rochester. Troopers say Rastafari Brown was being held at the minimum-security site when he kicked out the front door around 9:40 p.m. Thursday and fled on ...
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