Respondent inmates brought this class action in Federal District Court challenging the constitutionality of numerous conditions of confinement and practices in the Metropolitan Correctional Center (MCC), a federally operated short-term custodial facility in New York City designed primarily to house pretrial detainees for federal criminal offense. The District Court, on…
Articles Posted in New York
Minor Charged with Drug Possession
On 2009, a seventeen years old girl was arrested and subsequently accused of felony charges in two separately docketed felony complaints. A New York Criminal Lawyer said she was charged with criminal sale of a controlled substance in the third degree when an undercover police officer alleged in the complaint…
Court Holds Municipality has no Immunity
On February 20, 1967, the then City Manager of respondent city of Independence, appointed petitioner to an indefinite term as Chief of Police. In 1972, petitioner and a new City Manager, engaged in a dispute over petitioner’s administration of the Police Department’s property room. In March of that year, a…
Court Discusses 4th Amendment Issues
On February 26, 2001, three detectives, assigned to anticrime patrol in an unmarked Chevrolet Blazer and traveling northbound on Valentine Avenue in Bronx, were stopped at a red light at the intersection of Valentine Avenue and 184th Street, a high crime area. The Chevrolet Blazer was the first in line…
Court Discusses Crime of Conspiracy
On the morning of December 15, 1971 two men and a woman were observed entering the New York residence of the husband and his wife carrying empty shopping bags and a collapsed valise. When they departed, the three left with their once empty receptacles, filled. They were then followed to…
Court Discusses Conspiracy Charge
The two accused men, charged with the crimes of Criminal Sale of a Dangerous Drug and Conspiracy, move to dismiss the indictment on the grounds that the prosecution puts them in jeopardy again for crimes of which they already have been convicted in another jurisdiction. They contend, in short, that…
Defendants Arrested for Narcotic Sales
In May 1990, members of the narcotics teams arrested three men for street narcotics sales to undercover police officers. In each case, both the arrest and the evident conduct constituting the crimes was charged occurred entirely within the county and pursuant to an agreement between the district attorney and the…
Minor Charged with Drug Possession
At about 6:30 p.m., a 15 year old boy violated the criminal law. The boy was in unlawful barbiturates possession that can only be obtained by a doctor’s prescription. The boy, prior to his arrest, has been observed by the witness being approached by another youth who placed a dollar…
Plaintiff Claims They Were Denied Due Process
In this case, Plaintiffs brought suit against the Defendants for: harassment, blackmailing and conspiring to boycott their classes and attempting to have them terminated from East Texas Police Academy (“ETPA”) in retaliation for their testimony in a case against another police officer involved in a shooting incident. Plaintiffs also claimed…
Petitioner Demands Evidentiary Hearing
The petitioner was a Florida prisoner on death row, having been convicted of first degree murder. The district court granted a writ of habeas corpus setting aside his conviction and sentence. The United States Court of Appeals reversed the decision of district court. The issues involved are whether or not…