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.
Category Archives: Litigation
DOCCS REVERSES CLIENT’S REMOVAL FROM WORK RELEASE PROGRAM FOLLOWING A LAWSUIT FILED BY PLS IN FEDERAL COURT
PLS prevails in challenge to a DOCCS’ decision to remove our client from the work release program following his filing of a worker’s compensation program claim for a prior occupational injury as one that violates Americans with Disabilities Act.
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.
Second Circuit holds Article 10 detainee is not prisoner for PLRA purposes
A civilly detained individual is not a “prisoner” as defined by the Prison Litigation Reform Act (PLRA).
PLS Wins Groundbreaking Case in the Second Circuit
On July 1, 2021, the Second Circuit issued a landmark decision in Brathwaite v. Garland, finding that the imposition of a presumption of finality to state criminal convictions under appellate review was arbitrary and unreasonable.
DOCCS Reverses Disciplinary Hearing in Response to Lawsuit From PLS
PLS prevails in challenge to a prison disciplinary proceeding alleging guilty finding was not supported by substantial evidence and violated state regulations and DOCCS’ directives
PLS’ Advocacy Results in Decades of Time Saved
Between April 2020 and March 2021, PLS’ advocacy in the areas of disciplinary hearings, jail time, sentencing computations and parole has resulted in decades of time being removed from people’s sentences.
Second Circuit Brings Clarity to Exhaustion Requirement Under the PLRA
The Second Circuit adopts a bright-line rule regarding exhaustion under the Prison Litigation Reform Act (PLRA).
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).
