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Pro Se Newsletter
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Pro Se Newsletter Vol. 16, No. 3

Table of Contents

  1. Supreme Court, Second Circuit, and DOCS Weigh In on Exhaustion of Administrative Remedies
  2. Second Circuit Reaffirms “Special Circumstances” Doctrine: Holds Inmate Justified in Failing to Exhaust Administrative Remedies
  3. DOCS Amends Grievance Regulations; PLS an Prisoners’ Rights Project Critical
  4. Parole Class Action Survives Summary Judgment
  5. Rockefeller Drug Law Reform: DOCS Amends CASAT Policy; Will Enroll Inmates With Judicial CASAT Orders in Phase I of Program, but Only When Six to 12 Months From Earliest Release
  6. Sentencing: Second Circuit Holds DOCS May Not Add Period of Post-Release Supervision to Sentence Where Sentencing Court Failed to Do So
  7. District Court Dismisses Class Action Challenging Double-Bunking
  8. Defenses: Inmate Failed to “Prove” Psychiatric Defense
  9. Drug Testing: Circumstances Giving Rise to Drug Test Held Irrelevant
  10. Drug Testing: Hearing Officer Erred in Refusing to Allow Inmate to Introduce Medical Records; But Error Was Harmless Where Same Defense Has Been rejected in Prior Case
  11. Disposition: Charges Dismissed Where Hearing Officer Fails to State Evidence Relied Upon
  12. Hearing Officer Bias: Court Thinks Twice; Inmate Loses Once
  13. Substantial Evidence: Court Finds Insufficient Evidence That the Petitioner Was Providing Unauthorized Legal Assistance
  14. Substantial Evidence: Request for Hug Equals Harassment
  15. Substantial Evidence: Inmate’s False Complaint About a Correction Officer Did Not Violate Rule Against Harassment, But It Did Violate Another DOCS Commandment: Thou Shalt Not Lie
  16. Witnesses: Informant’s Testimony at Hearing Provided Basis for Hearing Officer to Assess Credibility
  17. Witnesses: Court Holds Inmate Was Not Sufficiently Specific Regarding His Need for Sergeant’s Testimony
  18. Access to Courts: No Refund of Filing Fee
  19. Article 78 Practice: Inmate Misses Four-Month Statute of Limitations to Challenge Parole Hearing
  20. Family Law: Unable to Help Plan for Children’s Future, Inmate Loses Parental Rights
  21. Parole: Inmate Denied Parole Despite Favorable Testimony From Victim’s Son
  22. Parole Revocation: Eyewitness Testimony Supports Parole Revocation
  23. Rockefeller Drug Law Reform: A-II Drug Offender May Qualify for Re-Sentencing, Despite “Serious” Disciplinary History
  24. Sentence Computation: Undischarged Portion of Predicate Sentence Must Run Consecutive to New Sentence
  25. Son of Sam Law: Crime Victim Can Garnish Inmate’s Military Benefits
  26. Son of Sam Law: Inmate Ordered to Pay $41 Million Compensation
  27. Litigation Prompts DOCS to Amend Hepatitis C Treatment Criteria
  28. From Susan Johnson, Executive Director Prisoners’ Legal Services