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Pro Se Newsletter
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Pro Se Newsletter Vol. 15, No. 2

Table of Contents

  1. State and New York City Agree to Settle Class Action Litigation Challenging Under-Reporting of Jail Time
  2. A Message from Tom Terrizzi, Former Executive Director of PLS
  3. PLS Welcomes New Executive Director
  4. Jury Verdict of $1.25 Million for Food Withheld from Prisoner at Supermax Facility
  5. 7th Circuit Upholds $56 Million Dollar Damage Award for Death of Inmate
  6. Disenfranchisement Laws Criticized by American Correctional Association
  7. U.S. Supreme Court Continues to Narrow the Class of People Eligible for Capital Punishment
  8. U.S. Supreme Court Allows § 1983 Challenge to Parole Board Decision
  9. U.S. Supreme Court Grants Certiorari in Case Challenging Arbitrary Placement in Ohio Supermax
  10. Seizure of New Afrikan Political Literature May Violate Inmate’s First Amendment Rights
  11. DOCS Abandons Argument of Failure to Exhaust to DOJ in ADA Cases
  12. Prisoner Articulates First Amendment Retaliation Claim Sufficient to Survive Dismissal Motion
  13. District Courts Address More PLRA Issues
  14. Criminal Procedure
  15. Civil Procedure: Court Continues to Reject ‘Mailbox Rule’
  16. Drug Testing: Chain of Custody in Emit Test Upheld
  17. Mitigating Circumstances: Court Finds Hearing Officer Considered Reason Why Inmate Was Out of Place and Sufficiently Mitigated the Penalty Imposed
  18. Notice: Inaccuracies in Misbehavior Report Do Not Render It Ineffective
  19. Seven Day Rule: Only Applies to Initial Hearings Not Rehearings
  20. Substantial Evidence: Absence of Tattooing Paraphernalia Does Not Invalidate Charge of Tattooing Fellow Inmate
  21. Substantial Evidence: Fact That Petitioner Never Actually Received Money for Legal Services Does Not Preclude a Finding of Guilty on Charges of Soliciting
  22. Substantial Evidence: Insufficient Evidence to Support Charges of Interference with Employee, Creating a Disturbance an Destruction of State Property
  23. Substantial Evidence: Nonspecific Nature of Alleged Threatening Language Insufficient to Support Charge
  24. Substantial Evidence: Petitioner’s Defense of Misidentification Merely Presents Issue of Credibility
  25. Substantial Evidence: Smuggling and Possession Charges Annulled Due to Lack of Proof Petitioner Was Intended Recipient of Contraband
  26. Vagueness of Rule: Court Holds DOCS Disciplinary Rule Regarding Work-Stoppages Provides Adequate Notice
  27. Witness Refusal to Testify: Notation on Employee Assistant Report Held Insufficient
  28. Parole: Rehearing Ordered Due to Failure of Parole Board to Consider All Relevant Statutory Factors
  29. Conditional Release: Invalid Conditional Releases Revoked by Court; Former Inmates Ordered to Surrender Themselves
  30. The Reform of the Rockefeller Drug Laws
  31. Good Luck and Best Wishes to Tom Terrizzi