X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
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.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

African Legal Awards (AFLA) 2022

September 02, 2022
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More

China Law & Practice Awards (CLPA) 2022

September 08, 2022
Beijing

The annual China Law & Practice Awards is the jurisdiction's most prestigious legal awards ceremony that applauds China's elite.


Learn More

Texas Legal Awards (TXLA) 2022

September 14, 2022
Dallas, TX

The Texas Lawyer honors attorneys and judges who have made a remarkable difference in the legal profession in Texas.


Learn More

Operations/Human Resources Manager- Houston, Texas


The Offices of Domingo Garcia has an Operations\Human Resources manager position in the Houston office. The ideal candidate will have 5+ y...


Apply Now ›

Personal Injury Attorney


Monge & Associates is recognized as a Top Places to Work! We offer flexible in-office schedules, remote options and top compensation rat...


Apply Now ›

ATTORNEY-Philadelphia-Conshohocken-PA


Casualty Defense/Subrogation - commercial lines. Experienced. Flexible with remote working. Great hands-on complex litigation opportunity, g...


Apply Now ›

DEASEY, MAHONEY & VALENTINI, LTD.

08/08/2022
TLI Web

DEASEY MAHONEY & VALENTINI LTD is proud to announce that Lauren M. Steins and Leanna B. Ruotanen have been named Partners of the firm.


View Announcement ›

PARRETT, PORTO, PARESE & COLWELL, P.C.

08/08/2022
CLT Web

Parrett, Porto, Parese & Colwell, P.C. welcomes attorneys Alison L. Broad and Andrew I. Schaffer as principals of the firm.


View Announcement ›

MARSHALL DENNEHEY

08/04/2022
TLI Web

Marshall Dennehey Warner Coleman & Goggin mourns the loss of Robert J. Coleman, the last of its founding name partners.


View Announcement ›