The case of Adam Rappaport highlights the legal responsibilities of law enforcement and medical providers in ensuring the safety of individuals in custody. Rappaport was found hanging in his cell, which led to a lawsuit against several parties, including Correctional Medical Care, Inc. (CMC) and the Town of Guilderland. The…
It’s no secret that most prisons in New York are dangerous and there is violence, particularly in the maximum security correctional facilities such as Sing Sing. Prisoners attack each other, leaving serious injuries. While corrections officers are charged with ensuring the safety of inmates, the facility is not always liable…
Inmates in New York have rights to practice their religion, protected under the First Amendment of the United States Constitution. These rights include the freedom to believe in and worship any religion of their choice. The New York Department of Corrections is required to accommodate inmates’ religious practices to the…
While it stands to reason that if a corrections officer uses excessive force against a prisoner, that officer and the faclity would be liable for serious injuries suffered by the prisoner. However, it is also the case that under certain circumstances, the facility may be liable where one prisoner assaults…
In New York, inmates have rights to freedom of religion, protected under the First Amendment and RLUIPA. They cannot be subjected to medical procedures conflicting with their religious beliefs, as upheld by courts, ensuring religious accommodation within correctional facilities. In Redd v. Wright, 597 F.3d 532 (2d Cir. 2010) plaintiff…
In New York, corrections officers have a duty to ensure the safety and well-being of inmates while they are in custody. Under the Eighth Amendment of the U.S. Constitution, which prohibits cruel and unusual punishment, officers must avoid inflicting unnecessary and excessive harm on inmates. They are required to act…
Upon arrival at New York prisons, new inmates undergo a comprehensive screening process to detect communicable diseases like tuberculosis (TB). This testing is essential due to the highly contagious nature of TB and the close living quarters within correctional facilities, which create an environment conducive to disease transmission. The screening…
The case of Hudson v. McMillian addresses the boundaries of what constitutes cruel and unusual punishment in the context of excessive force by prison officials. This landmark decision by the Supreme Court clarified whether significant injury is required to establish a violation of the Eighth Amendment when a prisoner alleges…
The Eighth Amendment prohibits cruel and unusual punishment for inmates in New York prisons. This means that prison officials cannot intentionally harm or mistreat inmates. Inmates have the right to be free from excessive force, deliberate indifference to their medical needs, and unsafe conditions that pose a serious risk to…
In the context of prisoner abuse, a violation of the Eighth Amendment occurs when an inmate endures cruel and unusual punishment, such as physical abuse by correctional officers. This includes any excessive force or harsh conditions that are deemed unconstitutional. The Fourteenth Amendment violation involves the denial of due process,…