University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name People ex rel. Carillo v. Basilone PC-NY-0026
Docket / Court 52745-1999 ( State Court )
State/Territory New York
Case Type(s) Prison Conditions
Case Summary
In 1999, 54 newly sentenced prisoners confined at Rikers Island Correctional Facility in New York filed lawsuits under 42 U.S.C. § 1983 against the New York State Department of Corrections in the New York State Supreme Court. The petitions were consolidated into this case, in which the plaintiffs ... read more >
In 1999, 54 newly sentenced prisoners confined at Rikers Island Correctional Facility in New York filed lawsuits under 42 U.S.C. § 1983 against the New York State Department of Corrections in the New York State Supreme Court. The petitions were consolidated into this case, in which the plaintiffs asked the court to transfer them to state correctional facilities. The inmates were sentenced to a period of incarceration in a state facility but, pursuant to a contract between it and the city, they were housed at Rikers Island for up to six months. The plaintiffs sought immediate transfer to a state prison because they claimed that in a city facility they were denied benefits afforded to prisoners incarcerated in state facilities.

On January 13, 2000, the New York Supreme Court (Judge Richard Lee Price) held that under the due process clause, the inmates could not be confined to city facilities if such confinement would deny them any of the following: 1) timely parole board reviews, 2) the right to earn merit time sentence reductions, or 3) the right to enroll in the Shock Incarceration Program. Carillo v. Basilone, 705 N.Y.S.2d 165 (N.Y.S. Jan. 13, 2000).

We have no further information on the proceedings in this case.

Kristen Sagar - 10/31/2006


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Issues and Causes of Action
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Issues
General
Classification / placement
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action 42 U.S.C. § 1983
Defendant(s) New York Department of Corrections
Plaintiff Description Inmates confined in city facility filed petitions seeking to be transferred to state correctional facility
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2000 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies Civil Rights Injunctions Over Time: A Case Study of Jail and Prison Court Orders
N.Y.U. Law Review
By: Margo Schlanger (Washington University)
Citation: 81 N.Y.U. L. Rev. 550 (2006)
[ Detail ] [ PDF ] [ External Link ]

  Judicial Policy Making and the Modern State: How the Courts Reformed America's Prisons
By: Malcolm M. Feeley & Edward Rubin (UC Berkeley Boalt Hall School of Law & Vanderbilt School of Law Faculty)
Citation: (1998)
[ Detail ]

Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion 01/13/2000 (705 N.Y.S.2d 165)
PC-NY-0026-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Westlaw
Judges Price, Richard Lee (State Trial Court)
PC-NY-0026-0001
Monitors/Masters None on record
Plaintiff's Lawyers Hendricks, Susan L. (New York)
PC-NY-0026-0001
Defendant's Lawyers Gioffre, Bruno V. (New York)
PC-NY-0026-0001
Spitzer, Eliot (New York)
PC-NY-0026-0001
Other Lawyers None on record

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