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Absent Expert Medical Testimony, Deliberate Indifference Tough to Prove in Medical Cases
by David M. Reutter
The Eighth Circuit Court of Appeals affirmed the grant of summary judgment for the defendants in a civil rights lawsuit alleging they were deliberately indifferent to a prisoner’s serious medical needs. This case highlights the need for expert medical testimony to win in such cases.
The ...
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More from this issue:
- PREA: Tackling the Nightmare of Prison Rape, by David Reutter
- From the Editor, by Paul Wright
- Nebraska Supreme Court Holds Discretionary Function Exception Bars Lawsuit Over Prison’s Botched Response to Uprising
- Arizona Federal Court Rescinds Approval of Jensen Settlement; Sets Class Action Medical and Control Unit Case Against Arizona DOC for Trial, by Matthew Clarke
- $50,000 Settlement for Denial of Medical Care at Tribal Jail in Montana
- Protective Order Issued in Florida Solitary Confinement Lawsuit, by David Reutter
- Georgia Enacts Massive Probation Reform Bill, by David Reutter
- Prison Staff Are Refusing Vaccines. Incarcerated People Are Paying the Price., by Joshua Manson, Erika Tyagi
- The States that Lead the Nation in COVID-19 Cases Are Hiding Their Prison Data, by Neal Marquez, Erika Tyagi, Sharon Dolovich
- Court Grants Class Certification for Illinois Prisoners in Restrictive Housing Lawsuit, by Keith Sanders
- Eighth Circuit Reverses Dismissal of HRDC Postcard-Only Suit Against Arkansas Jail, by David Reutter
- South Carolina Attorney General Issues Opinion That Information in State Prisoners’ Death Certificates Is Public Information, by Matthew Clarke
- HRDC Case Sues JPay Over Fee-Heavy “Release Card” Debit Cards
- Eleventh Circuit Holds No Qualified Immunity on Deliberate Indifference in Heat Exhaustion Case, by David Reutter
- Colorado Jail Blows Through $16 Million in COVID Relief Money, Has Outbreak Anyway, Settles ACLU Conditions Suit, by David Reutter
- Tennessee Department of Corrections Rebids $123 Million Health Care Contract After Corizon Accuses It and Centurion of Bid Rigging, by Matthew Clarke
- Death, Neglect and Despair in U.S. Tribal Jails, by Daniel A. Rosen
- Study Analyzes Deaths of Parole-Approved Texas Prisoners Awaiting Release, by Matthew Clarke
- File a CFPB Complaint for Unfair Money Transfer Fees
- Hunger Strike, Ceiling Collapse, Lawsuit Spotlight Deteriorating Conditions at Women’s Prison in Illinois, by Panagioti Tsolkas, Brian Dolinar
- Sacramento Sheriff Used Prisoner Welfare Fund for Trips, Salaries and Equipment, by Matthew Clarke
- Fourth Circuit Rules Prisoner Sex Offender has No Right to In-Person Visitation with His Minor Children, by Douglas Ankney
- Virginia Department of Corrections Confirms Visitation Not Primary Means of Contraband Introduction, by Kevin Bliss
- Seven Former GEO Employees Plead Guilty in Federal Texas Private Jail Bribery Scheme
- Indiana DOC Settles Class-Action Lawsuit Over Ban on Incoming Mail Except That in White Envelopes Using White, Lined Paper
- Supreme Court Reverses Qualified Immunity Dismissal of Texas Prisoner’s Excessive Force Claim, by Douglas Ankney
- Local Pennsylvania Voters Ban Solitary Confinement and No-Knock Warrants, by David Reutter
- Absent Expert Medical Testimony, Deliberate Indifference Tough to Prove in Medical Cases, by David Reutter
- Erie County Sheriff Settles AG Lawsuit for Violating New York Reporting Directives, by Kevin Bliss
- California Slashes High Call Rates in Prisons and Jails, by Chuck Sharman
- Mailbox Rule Inapplicable to Prisoners Represented by Counsel
- Federal New York City Jail Made Infamous by Jeffrey Epstein Death Closed Due to Persistent Problems and Incompetence
- New Connecticut Law Eliminates Prison Gerrymandering
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- Immigration Detention Contracts Cancelled in Georgia and Massachusetts, by Daniel A. Rosen
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- News in Brief
More from David Reutter:
- California Court of Appeal: Petitioner Has Constitutional Right to Be Present at Evidentiary Hearing Under Felony Murder Resentencing Law, May 15, 2024
- Criminal Justice Reform Becoming a Corporate Priority, May 15, 2024
- 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
- Eighth Circuit: Arkansas Detainee Suffering Fatal Seizure Might Have Been Faking or Might Have Gotten Better, April 26, 2024
- Suit Proceeds Against CoreCivic by Guard Strip-Searched at Georgia Prison, April 26, 2024
- $1.4 Million Verdict for Florida Jail Guard Injured in Transport Van Crash, April 26, 2024
- Florida Supreme Court Bans ‘Vexatious’ Prisoner From Filing Further Pro Se Petitions, April 26, 2024
- $155 Million Settlement for 10,000 California Prison Guard Supervisors in Wage Lawsuit, April 26, 2024
- Unable to Post Bail, Detainee Starves to Death in Arkansas Jail, April 26, 2024
- Eleventh Circuit: “More than Gross Negligence” Required to Prove Deliberate Indifference, April 26, 2024
More from these topics:
- 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.
- Crime Scene Context: Bridging the Gap Between Evidence and Reconstruction, April 15, 2024. Expert Witnesses, Expert Witnesses/Testimony.
- 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.
- $8.5 Million Settlement After Pretrial Detainee Suffocated by Guards and Medical Staff at Virginia Psychiatric Hospital, April 1, 2024. Guard Misconduct, Medical Misconduct, Excessive Force (Wrongful Death), Civil Commitment.
- $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.
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024. Failure to Treat, Exposure to Heat, Discovery, Deliberate Indifference.
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, March 1, 2024. Failure to Treat, Bedding, Complaints, Americans with Disabilities Act, Sufficiency of Pleadings, Deliberate Indifference.