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Ninth Circuit Reinstates Disabled Prisoner's Deliberate Indifference Claim
Loaded on Dec. 15, 2013
published in Prison Legal News
December, 2013, page 42
On November 5, 2012, the Ninth Circuit reversed a district court’s dismissal of a lawsuit filed by a disabled prisoner with limited English proficiency who alleged that prison officials violated his constitutional rights by failing to honor a doctor’s order to house him in a ground-floor cell.
Filed under:
Disabled Prisoners,
Medical,
Injury -- Misc.,
Failure to Treat,
Eighth Amendment,
Administrative Exhaustion (PLRA).
Location:
California.
In December 2008, ...
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More from this issue:
- FCC Order Heralds Hope for Reform of Prison Phone Industry, by John Dannenberg
- Prison Phone Companies Fight for Lucrative Florida DOC Contract, by David Ganim
- Consolidated Footnotes – Charts A to D
- From the Editor, by Paul Wright
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, by Kent A. Russell
- BOP Compromises on Plan to Transfer Prisoners from FCI Danbury, by Derek Gilna
- Telemedicine Behind Bars
- Third Circuit Allows Prisoner's Substitution of Deceased Guard’s Estate
- Under Fire, the Federal Bureau of Prisons Audits its Use of Solitary Confinement - and Buys a New Supermax Prison, by James Ridgeway
- The Invisible Crisis of Correctional Health Care, by Cara Tabachnick
- BOP Settles Lawsuits Related to Food Poisoning at Pennsylvania Prison, by Derek Gilna
- California Supreme Court Addresses CDCR Gang Associate Validation
- Ninth Circuit Affirms Finding that Claim Accrues Each Time a Request for Conjugal Visits is Denied
- Kansas Supreme Court Holds Inpatient Drug Treatment Time Counts as Jail Time in Consecutive Non-Drug Case
- Ninth Circuit Reinstates Disabled Prisoner's Deliberate Indifference Claim
- Eighth Circuit Initially Allows Non-Delegation Challenge to SORNA, then Reverses Course, by Derek Gilna
- Wyoming Sheriff Granted Qualified Immunity for Jail Guard’s Sexual Assault
- No Summary Judgment on Claim that Guard Stole Prisoner’s Wedding Ring
- Ninth Circuit: Residential Reentry Center Walkaway is Not Escape
- Kansas Supreme Court Vacates Attorney Fee Reimbursement Order
- Minnesota: Favorable Resolution of Charges Establishes Rebuttable Presumption of Expungement
- Possession of Cell Phone Doesn’t Violate Nevada Escape Device Statute
- Iowa Voting Rights Restoration Process Becomes Slightly Less Onerous
- Massachusetts Warden Removed After Eight Months on the Job
- Elder Abuse in Prisons: The Call for Elder Justice and Human Rights Protections Behind Bars, by Tina Maschi
- British Court Blocks Sex Offender’s Extradition to U.S. Due to “Draconian” Civil Commitment Policies
- New York City’s Revised Indigent Defense Services Plan Upheld
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More from these topics:
- $175,000 Awarded to Former California Detainee Whose Suit Prompted DOJ Investigation and Settlement Requiring Structural Changes at Jail, April 26, 2024. Disabled Prisoners, Failure to Treat, Jail Specific, DOJ CRIPA Actions, Americans with Disabilities Act.
- Seventh Circuit Grants Qualified Immunity to Illinois Jail Guards Who Relied on Nurse’s Opinion that Detainee Was “Faking” Symptoms Before He Died, April 26, 2024. Guard Misconduct, Failure to Treat, Jail Specific, Qualified Immunity, Medical Neglect/Malpractice, Immunity - Absolute and Qualified, Deliberate Indifference.
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024. Guard Misconduct, Seizures, Failure to Treat, Drug Overdose, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference.
- BOP Guard, Nurse in Virginia Indicted in Prisoner’s Death, April 26, 2024. Guard Misconduct, Medical Misconduct, Failure to Treat, Deliberate Indifference.
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024. Medication, Seizures, Failure to Treat, Deliberate Indifference.
- Potential Dangers of Medical Monitors, April 15, 2024. Medical, Police State-Surveillance, Electronic Surveillance.
- Third Circuit Revives Disabled New Jersey Prisoner’s Claim for Deprivation of Walking Cane, April 1, 2024. Disabled Prisoners, Americans with Disabilities Act, Rehabilitation Act, Eleventh Amendment Immunity, Deliberate Indifference.
- Eleventh Circuit Calls Georgia Prisoner’s Dismissed Suit Outside PLRA “Strike Zone”, April 1, 2024. Administrative Exhaustion (PLRA), Three Strike Litigants.
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, April 1, 2024. Corizon, Diabetes, Failure to Treat.
- $33 Million Awarded to Family of Oklahoma Jail Detainee Mocked By Nurse and Guards As He Died Begging for Help, April 1, 2024. Guard Misconduct, Medical Misconduct, Failure to Treat, Jail Specific, Medical Neglect/Malpractice.