Case: People ex rel. Carillo v. Basilone

99-52745 | New York state trial court

Filed Date: 1999

Clearinghouse coding complete

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 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…

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)

People


Judge(s)

Price, Richard Lee (New York)

Attorneys(s) for Plaintiff

Hendricks, Susan L. (New York)

Attorneys(s) for Defendant

Gioffre, Bruno V. (New York)

Spitzer, Eliot (New York)

Judge(s)

Price, Richard Lee (New York)

Attorneys(s) for Plaintiff

Hendricks, Susan L. (New York)

Attorneys(s) for Defendant

Gioffre, Bruno V. (New York)

Spitzer, Eliot (New York)

Documents in the Clearinghouse

Document

Reported Opinion

705 N.Y.S.2d 165

Jan. 13, 2000 Order/Opinion

Docket

Last updated May 13, 2022

Docket sheet not available via the Clearinghouse.

State / Territory: New York

Case Type(s):

Prison Conditions

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):

Private Plaintiff

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:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Availably Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2000 - 0

Issues

General:

Classification / placement

COVID-19:

Transfer-ordered or process created/modified

Type of Facility:

Government-run