Filed Date: 1999
Clearinghouse coding complete
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.
Summary Authors
Kristen Sagar (10/31/2006)
Price, Richard Lee (New York)
Hendricks, Susan L. (New York)
Gioffre, Bruno V. (New York)
Spitzer, Eliot (New York)
Price, Richard Lee (New York)
Last updated Aug. 30, 2023, 2:30 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: New York
Case Type(s):
Key Dates
Filing Date: 1999
Case Ongoing: Unknown
Plaintiffs
Plaintiff Description:
Inmates confined in city facility filed petitions seeking to be transferred to state correctional facility
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: Unknown
Class Action Outcome: Unknown
Defendants
New York Department of Corrections, State
Case Details
Causes of Action:
Constitutional Clause(s):
Due Process: Procedural Due Process
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 2000 - 0
Issues
General:
COVID-19:
Transfer-ordered or process created/modified
Type of Facility: