Prison Abuse

Published on: May 15, 2024

Tacheau v. Mastrantonio, 2012 N.Y. Slip Op. 22391 (N.Y. Sup. Ct. 2012)

by Stephen Bilkis

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, particularly when a prisoner is unfairly subjected to disciplinary actions or false accusations without proper procedures or hearings. Both amendments are designed to protect prisoners from inhumane treatment and ensure their rights are upheld within the correctional system.

A violation of the Eighth or Fourteenth Amendment that results in serious injury can serve as a basis for a lawsuit against the responsible parties. When inmates suffer significant harm due to cruel and unusual punishment or procedural injustices, they may seek redress through civil litigation. Such lawsuits can hold correctional officers, supervisors, or the institution accountable for failing to protect the inmate’s constitutional rights and for the resulting damages.

In Tacheau v. Mastrantonio, 2012 N.Y. Slip Op. 22391 (N.Y. Sup. Ct. 2012), a case involving allegations of prisoner abuse and wrongful death, the court addressed several claims under 42 U.S.C. § 1983, which allows individuals to sue for constitutional violations by state actors.

Published on: April 3, 2024

Was DOCS’s denial of an inmates requested medical treatment was arbitrary and capricious? Wooley v. Corr. Servs, 15 N.Y.3d 275 (N.Y. 2010)

by Stephen Bilkis

Inmates have a constitutional right to adequate medical treatment, protected under the Eighth Amendment. This includes protection from deliberate indifference to serious medical needs. While the scope of this right is subject to limitations and considerations of prison administration, such as cost and security, authorities are obligated to provide essential medical care to inmates. Upholding this right ensures that individuals in custody receive necessary treatment for existing health conditions and are not subjected to unnecessary suffering or harm due to neglect or indifference by prison officials.

In Wooley v. Corr. Servs, 15 N.Y.3d 275 (N.Y. 2010), the New York State Department of Correctional Services (DOCS) faced scrutiny over its denial of medical treatment to an inmate, Robert Wooley, who was diagnosed with hepatitis C. This denial of treatment led to a legal battle, with Wooley alleging violations of his constitutional rights under the Eighth Amendment. The case raised questions about the standards of medical care owed to inmates and the discretion of prison authorities in determining appropriate medical treatment.

Background Facts

Published on: February 21, 2024

Court determined that jail officials were not responsible for inmate’s death. Rivera v. Westchester County, 188 Misc. 2d 746 (N.Y. Sup. Ct. 2001)

by Stephen Bilkis

In Rivera v. Westchester County, 188 Misc. 2d 746 (N.Y. Sup. Ct. 2001), defendants County of Westchester, Joseph Stancari, Officer Savino, and Sergeant Rushin were faced with allegations regarding their treatment of a pretrial detainee, Ivan Figeroa, Jr., who tragically died by suicide while in custody at the Westchester County Jail in Valhalla, New York. The case involved claims brought under 42 USC § 1983, asserting violations of Figeroa’s Fourteenth Amendment constitutional rights. The court’s decision, which followed a motion for summary judgment and a cross motion by the plaintiff, addressed various legal arguments related to the defendants’ alleged deliberate indifference to Figeroa’s well-being and the timeliness of the plaintiff’s notice of claim.

Background Facts

Ivan Figeroa, Jr., was a 17-year-old high school student residing in Westchester County, New York, before his tragic death. His life took a drastic turn when he was arrested by local law enforcement officers following a domestic disturbance incident at his family’s residence. The nature of the disturbance involved a heated argument between Figeroa and his parents, resulting in Figeroa’s parents contacting the authorities out of concern for their son’s well-being.

Published on: January 10, 2024

Court denied habeas corpus based on risk of contracting COVID. People v. Keyser, 184 A.D.3d 189 (N.Y. App. Div. 2020)

by Stephen Bilkis

A writ of habeas corpus is a legal petition filed by a person who is detained or imprisoned, challenging the legality of their detention. The purpose of a writ of habeas corpus is to bring the detained individual before a court or judge to determine whether their imprisonment or detention is lawful.

People v. Keyser, 184 A.D.3d 189 (N.Y. App. Div. 2020) involves an appeal from an order of the Supreme Court which granted petitioner’s application for a writ of habeas corpus on behalf of Jalil Muntaqim, a 68-year-old black inmate serving concurrent prison sentences at Sullivan Correctional Facility. The petitioner argued that Muntaqim’s continued detention at the facility during the COVID-19 pandemic amounted to unconstitutional punishment due to his age, race, and underlying medical conditions, putting him at significant risk of serious illness or death if infected with the virus.

Background Facts

Published on: January 3, 2024

U.S. Supreme Court determined when a prison official may be held liable under the Eighth Amendment’s “deliberate indifference” standard. Farmer v. Brennan, 511 U.S. 825 (1994)

by Stephen Bilkis

Despite widespread misconceptions, prisoners do have rights protected under the Constitution, particularly under the Eighth Amendment, which prohibits cruel and unusual punishment. This includes the right to be free from conditions that pose a substantial risk of harm, access to necessary medical care, and protection from violence by other inmates or prison staff. Additionally, the Fourteenth Amendment ensures due process of law for prisoners, guaranteeing fair treatment in disciplinary proceedings and access to legal remedies.

However, some individuals may overlook or dismiss prisoners’ rights due to societal stigmas or misconceptions about the criminal justice system. They may view incarceration as a form of punishment that justifies depriving inmates of their rights. Yet, recognizing prisoners’ rights is crucial not only for upholding constitutional principles but also for promoting rehabilitation, maintaining order within prisons, and ensuring accountability for prison authorities.

Background facts

Published on: January 1, 2024

In a case alleging abuse of inmate rights, the court had to determine whether the plaintiff filed his claim too late. Devane v. Doe, 20-CV-9649 (NSR) (S.D.N.Y. Mar. 6, 2023)

by Stephen Bilkis

Even when people are incarcerated, they retain rights. Under the Eighth and Fourteenth Amendments of the U.S. Constitution, prisoners in New York, as in other states, are entitled to certain rights aimed at protecting them from cruel and unusual punishment and ensuring due process of law.

The Eighth Amendment prohibits the imposition of cruel and unusual punishment, which encompasses actions by prison officials or conditions within correctional facilities that result in unnecessary suffering or harm to inmates. This includes physical abuse, excessive use of force, deliberate indifference to serious medical needs, and unsafe or unsanitary living conditions. Prisoners have the right to be free from conditions that pose a substantial risk of serious harm to their health or safety.

The Fourteenth Amendment extends additional protections to prisoners by guaranteeing due process of law. This means that inmates have the right to fair and impartial treatment in disciplinary proceedings, access to adequate medical care, protection from retaliation for exercising their constitutional rights, and the opportunity to challenge their confinement through legal procedures.

Published on: December 13, 2023

Inmate failed to prove excessive force by corrections officers. Bookman v. State, # 2016-015-617 (N.Y. Ct. Cl. Oct. 17, 2016)

by Stephen Bilkis

Inmates are protected from the use of excessive force by various laws and regulations at both the federal and state levels. One significant federal statute is the Eighth Amendment to the United States Constitution, which prohibits cruel and unusual punishment, including the use of excessive force by correctional officers. This amendment serves as a fundamental safeguard for inmates’ rights and establishes a baseline standard for the treatment of prisoners.

Additionally, many states have enacted laws and regulations specifically addressing the use of force in correctional facilities. For example, in New York, the Correction Law and the New York Codes, Rules, and Regulations (NYCRR) provide guidelines for the use of force by correctional officers. These laws outline the circumstances under which force may be justified, such as self-defense or maintaining order, and emphasize the importance of using only the minimum amount of force necessary to achieve a legitimate objective.

Furthermore, court decisions, such as those interpreting the Eighth Amendment, help to clarify the legal standards surrounding the use of force in prisons and ensure that inmates are afforded adequate protection against abuse. Bookman v. State is one of those cases.

Published on: December 4, 2023

Court determined that inmate was not subjected to inhumane conditions at the Anna M. Kross Center Correctional Facility, Rodriguez v. the City of N.Y., 87 A.D.3d 867 (N.Y. App. Div. 2011)

by Stephen Bilkis

In the case of Albert Rodriguez v. The City of New York et al., the plaintiff alleged that he slipped and fell on a wet floor at the Anna M. Kross Center correctional facility on Rikers Island, where he was incarcerated. He claimed that the dangerous condition was caused by the defendants’ failure to repair leaks in the facility and that they were deliberately indifferent to the conditions that posed a risk to his safety. The complaint also asserted that defendants failed to provide immediate medical attention after the accident, violating Rodriguez’s civil rights under the Eighth and Fourteenth Amendments.

Background Facts

Albert Rodriguez was incarcerated on Rikers Island when he slipped and fell on a wet floor. The conditions leading to his fall were allegedly caused by leaks in the facility’s roof, ceiling, and pipes, which had not been repaired by the defendants. Despite being aware of these leaks, Rodriguez claimed that Valerie Oliver, the Warden of the Center, failed to address them adequately. Rodriguez asserted that the defendants’ indifference to these hazardous conditions resulted in his accident.