PLS CHALLENGES WITHHOLDING OF EVIDENCE REQUESTED THROUGH FOIL

Timely access to prison records is critical to PLS’s ability to provide effective representation to our clients. Our primary means of obtaining records for initial investigations and advocacy is New York’s Freedom of Information Law (FOIL). We recently argued an appeal before the Appellate Division, Third Department challenging DOCCS’ withholding of videos and narrative incident reports requested through FOIL.

LAWSUIT CHALLENGES FIVE POINTS DENIAL OF MOBILITY ACCOMMODATIONS TO PEOPLE WITH DISABILITIES

Today the nonprofit organizations Disability Rights Advocates (DRA) and Prisoners’ Legal Services of New York (PLS) filed a class action lawsuit against the New York State Department of Corrections and Community Supervision (DOCCS) on behalf of people with disabilities who are incarcerated at Five Points Correctional Facility and have been denied mobility-related accommodations they need to get around.

Court Orders Reversal and Expungement of Disciplinary Charges Based on Res Judicata

Citing Gustus v. Fischer, 64 A.D.3d 1034 (2009) the court held that “where two misbehavior reports charge violations concerning a single incident and all of the information necessary to support the charges was available before commencement of first hearing, a hearing on second misbehavior report is barred by doctrine of res judicata.”

APPELLATE DIVISION REVERSES AND EXPUNGES PRISON DISCIPLINARY HEARING HELD IN PETITIONER’S ABSENCE

The court stated: “Although the form includes instructions to inform an inmate about the nature of the hearing, the charges against him or her and the fact that the hearing will be conducted in the refusing inmate’s absence, the record reflects no information regarding the steps taken to ascertain the legitimacy of petitioner’s refusal or to inform him of his right to attend the hearing and the consequences of his failure to do so.” Wilson v. Annucci, #523541 (3d Dep’t) (March 2, 2017).