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NY DOCS Lacks Authority to Administratively Impose PRS – But State’s Liability Uncertain
Article • April 15, 2010 • from PLN April, 2010
Filed under: Misconduct/Corruption, DOC/BOP misconduct, Parole, Habeas Corpus, Wrongful Imprisonment, Judicial Immunity
NY DOCS Lacks Authority to Administratively Impose PRS – But State’s Liability Uncertain by Mark Wilson New York prison officials lack the authority to require prisoners to serve Post-Release Supervision (PRS) that was not ordered by the sentencing court, according to the Second Circuit Court of Appeals and the Appellate …
Remitter Granted In Malicious Prosecution Action; Court Denies Request for State to Indemnify Defendant
Article • January 15, 2010
Filed under: Staff-Prisoner Assault, Damages, New Trial Motions, Sentencing, Wrongful Imprisonment, Civil Commitment, Employee Litigation
Remitter Granted In Malicious Prosecution Action; Court Denies Request for State to Indemnify Defendant by A remitter has been ordered in a 42 U.S.C. § 1983 action brought by a psychologist formerly employed by the New York State Office of Mental Retardation and Developmental Disabilities (DMRDD) after the psychologist was …
Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case
Article • June 15, 2009
Filed under: Police Misconduct, Attorney Fee Awards, Summary Judgment, Damages, Costs, New Trial Motions, Expert Witnesses, Wrongful Conviction, Wrongful Imprisonment, Immunity/Liability, Qualified Immunity, Supervisory Liability, Municipal Liability, False Arrest
Jury Award Exceeds $1.5 Million in New York Malicious Prosecution Case by On June 24, 2008, a New York federal jury found two New York City police officers liable in a Section 1983 malicious prosecution suit brought by security guard & part-time state police officer Anthony Manganiello. Manganiello's initial suit …
New York Civil Case Settled in 1977 by Simply Clarifying Rule
Article • April 15, 2009
Filed under: Police Misconduct, Protests, Arrestee Searches, Crime, Sentencing, Wrongful Imprisonment
New York Civil Case Settled in 1977 by Simply Clarifying Rule by A U.S. district court in New York allowed the New York City Police Department (NYCPD) to settle a civil case in 1977 by stipulating and clarifying the NYCPD’s policy on bystanders remaining in the area of an arrest …
No Due Process Violation for Holding Sex Offender Past Release Date
Article • May 15, 2008
Filed under: Sex Offenders (Discrimination), Sentencing, Wrongful Imprisonment
No Due Process Violation for Holding Sex Offender Past Release Date by The plaintiff, a convicted sex offender, was not released until three months after his conditional release date because his residence was not approved until then. The requirements for approval were formalized only one day before his CR date. …
Dismissal of Suit Against Parole Commissioner Reversed
Article • May 15, 2008
Filed under: Parole, Wrongful Imprisonment, Immunity/Liability, Judicial Immunity
Dismissal of Suit Against Parole Commissioner Reversed by The plaintiff alleged that a parole commissioner delayed his release for several months without justification. The district court should not have dismissed on grounds of absolute immunity without a record showing whether the commissioner's actions were quasi-adjudicative (warranting immunity) or administrative (not …
$200 Awarded To Prisoner Wrongfully Held On Keeplock Status
Article • May 15, 2007
Filed under: False Charges (Disciplinary Hearings), Prompt Hearings, Damages, Sentencing, Wrongful Imprisonment
$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 …
Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury
Article • May 15, 2007
Filed under: Physical Injury Rule, Civil Procedure, Damages, Jury Instructions, Wrongful Imprisonment, False Arrest
Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury by Second Circuit Discusses Damages for Loss of Liberty, Mental and Emotional Injury The plaintiff was involuntarily detained and hospitalized. He prevailed both on his Fourth Amendment claims for unlawful seizure and his state law claims for false …
Restivo v. Nassau County, NY, Amended Complaint, Wrongful Conviction, 2007
Brief • April 23, 2007
Filed under: Prosecutor/Attorney General Misconduct, Wrongful Conviction, Wrongful Imprisonment
for lack of evidence. 114. Mr. Restivo and Mr. Halstead's arrests, indictments, prosecutions, convictions, and almost eighteen years of wrongful imprisonment would not have occurred in the absence ...
$3.54 Million Paid For Falsely Imprisoning Unconvicted Mentally-Incapacitated California Man For Two Years In New York
Article • February 15, 2002 • from PLN February, 2002
Filed under: Prisoner-Prisoner Assault, Escapes, Civil Procedure, Damages, Complaints, Venue, Wrongful Imprisonment, Americans with Disabilities Act, Failure to Treat (Mental Illness), Family Law
$3.54 Million Paid For Falsely Imprisoning Unconvicted Mentally-Incapacitated California Man For Two Years In New York by John E Dannenberg A mentally incapacitated misdemeanant detainee at the Los Angeles County, California, jail was unlawfully extradited to New York, where he was imprisoned for two years in the Green Haven Correctional …
$5,500 Awarded in NY Unlawful Imprisonment Suit
Article • February 15, 2001 • from PLN February, 2001
Filed under: Civil Procedure, Damages, Parole, Wrongful Imprisonment
$5,500 Awarded in NY Unlawful Imprisonment Suit by On May 4, 2000, the New York court of Claims awarded Allen Israel $5,600 in damages after New York parole officials wrongfully violated his parole. Israel had a maximum parole expiration date of April 12, 1996. His parole was later revoked due …
$3,000 Awarded in Wrongful Release Suit
Article • April 15, 2000 • from PLN April, 2000
Filed under: Civil Procedure, Damages, Wrongful Imprisonment
$3,000 Awarded in Wrongful Release Suit by On October 29, 1999, the New York court of claims awarded. $3,000 in damages to Frank Nicchio. Nicchio was a New York state prisoner who was wrongly held 30 days past his release date from prison. Nicchio was granted summary judgment on the …
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