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Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
Aug 04, 1981

Milburn v. Mcniff

This case concerns an appeal challenging the constitutionality of the New York State Department of Correctional Services' inmate correspondence program. The plaintiff, an inmate named Louis Milburn, contended that his First Amendment rights were violated when his letters to the Poughkeepsie Journal were returned, allegedly due to censorship under Departmental Directive 4422. The Supreme Court, Dutchess County, initially issued an order restricting the department from imposing greater restrictions on news media correspondence. However, the appellate court, finding a lack of factual findings and confusion regarding prior remittal instructions, again remitted the matter for a comprehensive factual hearing. This hearing is to determine the reasons for the letters' return, examine the department's directives on mail inspection and censorship, and balance governmental interests against inmates' constitutional rights, with the appeal held in abeyance.

Inmate CorrespondenceCensorshipFirst AmendmentConstitutional RightsCorrectional FacilitiesNews MediaDue ProcessAdministrative DirectivesDeclaratory JudgmentRemittal
References
7
Case No. ADJ9154970
Regular
Sep 07, 2017

DEVIN SMITH vs. STATE OF CALIFORNIA-DEPARTMENT OF CORRECTIONS INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND

This case involves an inmate's workers' compensation claim where the primary issue was whether the applicant was an employee. The Workers' Compensation Appeals Board granted reconsideration, amending the initial findings to specify that the applicant sustained injury to his left thumb, which occurred in the course of his employment. While the employer disputed employee status, the Board affirmed the finding of injury to the thumb, deferring other claimed injuries. The Board's decision clarifies that the inmate was injured during his work duties, entitling him to benefits for the specific injury.

Workers' Compensation Appeals Boardinmate claimslegally uninsuredPetition for ReconsiderationFindings and Ordersworkers' compensation administrative law judgeinjurycourse of employmentbody partleft thumb
References
0
Case No. MISSING
Regular Panel Decision

Goncalves v. Goord

An inmate, referred to as petitioner, was found guilty of violating prison disciplinary rules for making threats and engaging in conduct involving the threat of violence. The charges stemmed from a letter sent to the Attica Correctional Facility Superintendent, Victor T. Herbert, detailing plans to assassinate officers and Herbert himself. During the disciplinary hearing, the petitioner admitted to writing the letter, stating it was an expression of frustration and a desire for transfer. The court, citing substantial evidence including the misbehavior report, the letter, and testimony from a correction officer, a social worker (who found the petitioner not psychotic), and the petitioner, confirmed the determination. Consequently, the petition was dismissed, and the determination was upheld.

Prison disciplinary rulesthreats of violenceinmate misconductAttica Correctional Facilitymisbehavior reportCPLR article 78 proceedingsubstantial evidence reviewmental health evaluationcorrectional servicessuperintendent threat
References
2
Case No. MISSING
Regular Panel Decision

Van Vlack v. Ternullo

The petitioners, maintenance workers and teachers at Fishkill Correctional Facility, were accused of violating Civil Service Law § 210 for refusing out-of-title emergency assignments during a correction officers' strike. A hearing officer sustained this determination, finding they condoned the job action and failed to prove a bona fide fear of personal injury or reprisals. However, the court annulled this determination, concluding it was not supported by substantial evidence. Testimony revealed picketing correction officers prevented petitioners from reporting to assignments through verbal harassment, abuse, and threats. This, coupled with inmates' support for strikers, created a genuine fear of physical violence, future reprisals, and lack of inmate protection. The court held that refusing assignments due to such a bona fide fear does not constitute a Taylor Law violation.

CPLR Article 78Civil Service LawTaylor LawPublic EmployeesStrikeOut-of-Title AssignmentsFear of InjuryReprisalsSubstantial EvidenceAnnulled Determination
References
4
Case No. MISSING
Regular Panel Decision

Curle v. Ward

This case concerns a challenge to a directive issued by a state's correction department. The directive aimed to prohibit correction employees from associating with the Ku Klux Klan, citing widespread fear among inmates and staff and the potential for Klan activity to cripple facility operations. The core legal issue is whether this directive infringes upon an employee's First Amendment right to freedom of association. Justice Kane's dissenting opinion argues that the directive is a valid and necessary restriction to advance a compelling state interest in maintaining order and safety within the volatile prison environment, where the mere perception of Klan involvement among staff poses a significant threat. The dissent distinguishes this unique prison context from other First Amendment cases, asserting that no lesser action would suffice to preserve confidence and stability in staff/inmate relationships.

First AmendmentFreedom of AssociationCorrectional FacilitiesKu Klux KlanEmployee RightsGovernmental InterestPrison SecurityDissenting OpinionConstitutional LawPublic Employment
References
6
Case No. MISSING
Regular Panel Decision

Benyi v. Broome County, NY

Plaintiff John J. Benyi, a New York State prisoner, filed a civil rights suit against Broome County, Binghamton City, and former officials, alleging constitutional and civil rights violations under various federal statutes. The District Court, presided over by Judge Baer, addressed cross-motions for summary judgment, ultimately dismissing most of Benyi's claims as time-barred under the relevant statutes of limitations. However, the court permitted a Section 1983 claim to proceed regarding a timely alleged death threat received in November 1990, finding a triable issue of deliberate indifference to inmate safety. Additionally, Benyi's Freedom of Information Law claim was dismissed due to a lack of supplemental jurisdiction, as it did not arise from a common nucleus of operative fact with the civil rights claims. On reconsideration, the court denied Benyi's motion but granted his request to compel discovery pertinent to the sole remaining death threat claim.

Civil RightsPrisoner RightsSummary JudgmentStatute of LimitationsDue ProcessEighth AmendmentFreedom of Information LawSupplemental JurisdictionDeliberate IndifferenceMotion to Reconsider
References
29
Case No. MISSING
Regular Panel Decision
Mar 03, 2005

Hunt v. State

The claimant, arrested for grand larceny in 1998, was unable to post bail and was sexually assaulted by another inmate while in the Manhattan Detention Center. Despite a court directive for protective custody on September 18, 1998, state court officers failed to properly record this order on the securing order. Consequently, the claimant was returned to general population and assaulted again on September 21. The Court of Claims initially dismissed the claimant's action for damages against the State. However, the appellate court reversed this decision, finding that the court officers' failure to record the protective custody order was a breach of a ministerial duty, thereby establishing state liability. The case has been remanded for a trial to determine the damages for the September 21 assault.

Inmate AssaultProtective CustodyMinisterial NegligenceState LiabilityCourt Officer DutySecuring OrderDamages RemandAppellate ReversalCorrectional Facility NegligencePrisoner Safety
References
7
Case No. MISSING
Regular Panel Decision

People ex rel. Brown v. McNeill

The relator, an inmate of Matteawan State Hospital, filed a writ of habeas corpus seeking release, alleging sanity and challenging the constitutionality of Correction Law § 412, which facilitated his administrative transfer from Harlem Valley State Hospital due to criminal tendencies. The court upheld the relator's insanity based on psychiatric testimony and affirmed the constitutionality of § 412, distinguishing or rejecting the reasoning of a U.S. Court of Appeals decision that deemed it unconstitutional. Despite affirming the statute's constitutionality, the court recognized the need for judicial review of such administrative transfers to prevent arbitrary action. Therefore, the case was remanded for a further hearing to assess the propriety of the relator's transfer based on detailed evidence of his alleged criminal tendencies.

Habeas CorpusMental Health LawCorrectional LawAdministrative TransferDue ProcessConstitutional LawInsanity DefenseCriminal TendenciesJudicial ReviewMatteawan State Hospital
References
15
Case No. ADJ9346293
Regular
Jul 03, 2018

ANTHONY DENNIS vs. STATE OF CALIFORNIA - DEPARTMENT OF CORRECTIONS INMATE CLAIMS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and overturned a prior decision finding the applicant, an inmate, ineligible for Supplemental Job Displacement Benefits (SJDB). The Board determined that while the applicant's appeal of the Administrative Director's presumed denial was untimely under specific regulations, the Board retains exclusive jurisdiction to adjudicate SJDB eligibility. They found the employer's offer of modified work was not bona fide as the applicant was released from prison, thus the statutory exception to SJDB did not apply. Therefore, the applicant is entitled to SJDB.

Workers' Compensation Appeals BoardSupplemental Job Displacement BenefitSJDBAdministrative DirectorRule 10133.54untimely appealdue processexclusive jurisdictioninmate laborervocational rehabilitation
References
5
Case No. ADJ4265793 (GOL 0097124) ADJ3983602 (GOL 0097125) ADJ7323352
Regular
Jan 14, 2020

NANCY JOHNSON vs. STATE OF CALIFORNIA; DEPARTMENT OF CORRECTIONS, INMATE CLAIMS, legally uninsured, adjusted by e3STATE COMPENSATION INSURANCE FUND/STATE CONTRACTS

The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and returned the case to the trial level for further proceedings. The Board found that the prior award of permanent total disability was not supported by substantial medical or vocational evidence due to a failure to properly address apportionment between multiple injuries. Specifically, the vocational expert did not account for the orthopedic AME's apportionment findings, and the WCJ issued a combined award without sufficient justification. Additionally, the Board clarified that any award must adhere to inmate disability indemnity limitations and that reimbursement for self-procured medical treatment must be reasonable and necessary.

Workers' Compensation Appeals Boardfirefighter-inmateapportionmentpermanent total disabilityAgreed Medical Examinervocational expertdiminished future earning capacityLabor Code section 3370(a)(5)Labor Code section 4453(a)(7)self-procured medical treatment
References
7
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