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Old 12-15-2007, 04:47 PM
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Default Re: New York - Good Case Providing For Disciplinary Reversal Based On Incomplete Reco

Believe it or not, there are more than 200 reported appellate decisions in New York within the past 2 years holding the same thing: that the attorney general has advised the court that the matter had been administratively reversed.

In New York, when an inmate is accused of a serious disciplinary violation, he is immediately placed in solitary confinement pending his hearing. In more than 95% of the hearings, the inmate is found guilty as charged. He then files his administrative appeal, from the box, which is usually rubber stamped "affirmed." It is then that he can take the matter to court -- while still in solitary, mind you -- where oftentimes decisions such as this result. Simply put, if the adjudication of guilt is to be administratively reversed, that should occur when the inmate's administrative appeal is filed in the first instance; the inmate should not be forced to spend months more in solitary confinement awaiting judicial relief.

And yet the DOC complains about inmate litigation.
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