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Pro Se Newsletter
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Pro Se Newsletter Vol. 17, No. 1

Table of Contents

  1. Governor Cuts Calling Costs
  2. Governor Signs Civil Commitment Bill
  3. Pro Se Keeps Growing
  4. Supreme Court Eases Limits on Prison Suits
  5. Appellate Court Holds Challenge to Parole Denial Must Be Brought Either Where Inmate is Incarcerated or in Which Parole Has Central Office; Cannot Be Brought Where Sentence Was Imposed
  6. Second and Third Departments Adopt Holding in People v. Bautista in Determining What It Means To Be Eligible for A-II Drug Offender Re-Sentencing
  7. Medical Care; Deliberate Indifference: Sergeant Not Liable For Ignoring Plaintiff’s Injuries
  8. Disciplinary Due Process: Inmate Has No Due Process Right to Avoid Illegal SHU Confinement, Where Confinement Was Not “Atypical and Significant”
  9. Substantial Evidence: Evidence Supported Drug Charge; Court Declines to Weigh Competing Evidence
  10. Substantial Evidence: Evidence Did Not Support Contraband Charge
  11. Substantial Evidence: Inmate Exonerated of Stolen Property Charge
  12. Hearing Officer Bias: Fact that Hearing Officer Was Defendant in the Petitioner’s Federal Case Does Not Establish Bias
  13. Drug Testing; False Positives; Adequacy of Record: Failure to Preserve Testimony of Drug Test Manufacturer Found Insufficient Basis for Invalidating Fearing
  14. Notice: Misbehavior Report Not Required to Specify Incident Date if it Otherwise Adequately Apprises Inmate of Charged Conduct
  15. Res Judicata: DOCS Not Prohibited From Filing “Penal Law Offense” Charge Against Inmate After Criminal Conviction, Notwithstanding Previous Discipline for Same Incident
  16. Timeliness: Fourteen Day Rule Not Mandatory
  17. Witnesses: Hearing Officer Improperly Prevented Inmate From Presenting Witnesses and Evidence
  18. Hearing Reversed Where Board Failed to Consider Sentencing Minutes
  19. Inmate Not Entitled to “Parole” Jail Time for Time Spent in Custody on New Charge
  20. Inmate Accidentally Held 3 ½ Years Beyond Parole Eligibility Date, Has No remedy After Being Returned to DOCCS as a Parole Violator
  21. Litigating in the Court of Claims