(DOWNLOAD) "Benjamin v. Fraser" by Second Circuit U.S. Court Of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Benjamin v. Fraser
- Author : Second Circuit U.S. Court Of Appeals
- Release Date : January 05, 2001
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
Argued: March 12, 2001 Upon the motion of the defendant, New York City Department of Correction, pursuant to the Prison Litigation Reform Act, 18 U.S.C. § 3626, to terminate previously entered consent decrees, the United States District Court for the Southern District of New York, Baer, Judge, conducted hearings to determine whether current or ongoing violations of detainee-plaintiffs' rights made continued prospective relief necessary. The court granted defendant's motion in most respects, but determined that prospective relief continued to be necessary for attorney visitation and to provide due process relating to the use of restraints. Defendant appealed. The Court of Appeals, Leval, Circuit Judge, holds that (a) the ""actual injury"" requirement of Lewis v. Casey, 518 U.S. 343 (1996), does not apply to attorney visits to pretrial detainees; (b) the district court reasonably found that the Department's procedures unjustifiably obstructed plaintiffs' access to counsel; and (c) the district court did not err in finding that the procedural protections of Wolff v. McDonnell, 418 U.S. 539 (1974), are required by law when a pretrial detainee is classified in a manner that calls for imposition of special restraints.
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