ALBANY, N.Y. — A federal appeals court has reinstated a lawsuit by women prisoners alleging rape and improper touching by guards in New York's prisons, sending the case back to the lower court.
Among other things, the lower court will try to determine if the case should proceed as a class-action suit.
The Second Circuit panel says the trial judge erred in 2005 and 2007 dismissing the claims of seven prisoners who had been released. The federal panel says they still have status to sue. The trial judge properly dismissed claims by eight others who had not exhausted internal grievance procedures.
The three appeals judges say some women raised questions about prison practices, including passing off allegations to the system's inspector general. More PrisonerPal.com True Crime Today Magazine Subscriptions for Prisoners since 1975