×
You've used up your 3 free articles for this month. Subscribe today.
Ninth Circuit: Error to Instruct Jury to Defer to Medical Staff’s Asserted Security Justification for Terminating California Prisoner’s Morphine Prescription Without Tapering
Loaded on May 1, 2022
by Matthew Clarke
published in Prison Legal News
May, 2022, page 56
Filed under:
Drug/Alcohol Withdrawal,
Failure to Treat,
Medical Neglect/Malpractice.
Location:
California.
by Matt Clarke
On September 15, 2021, the U.S. Court of Appeals for the Ninth Circuit ruled that a federal district court in California erred when it instructed the jury in a prisoner’s civil rights trial to defer to prison medical staff’s “security justification” for stopping his morphine medication abruptly—without ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- PrimeCare: Less Medical Care for Prisoners, Higher Expenses for Taxpayers, More Profits for Corporate Owner, by Matthew Clarke
- Vermont Supreme Court: Removing Prisoner From Programming Is Reviewable When Catalyst Was Punitive
- From the Editor, by Paul Wright
- $11 Million Settlement Reached in Tennessee Suit Alleging False Arrest and False Imprisonment of Minors, by Edward Lyon
- $5.5 Million Settlement to California Prisoner Left Incapacitated After Suicide Attempt at Santa Cruz County Jail, by Edward Lyon
- Nine Deaths in Three Years at CoreCivic Jail in Florida, None From COVID-19
- Pittsburgh Jail Records 13 Deaths in Two Years, Only One From COVID-19, by Jo Ellen Nott
- California Federal Court Approves Consent Decree Upgrading Mental Health Care at Alameda County Jail, by David Reutter
- Trapped in The Floods: With Floodwaters Rising, Prisoners Wait for Help in Floating Feces, by Alleen Brown
- Fifth BOP Staffer Arrested in “Rape Club” at California Federal Prison, by Jo Ellen Nott
- Eighth Circuit Rules Pretrial Detainees and Prisoners Have Right to Visit Family Members
- Tenth Circuit Says Parolee May Not be Forced to Participate in Religious Program Under Threat of Jail, by David Reutter
- $8.5 Million Paid by Pennsylvania DOC for Death of Asthmatic Prisoner Improperly Pepper-Sprayed, by Matthew Clarke
- Investigation Finds Hundreds of Unreported Deaths in Tennessee Prisons and Jails, by Harold Hempstead
- $260,000 in Attorney Fees Awarded by California Federal Court after Finding Governing State Law Not Impacted by PLRA, by David Reutter
- Multiple Florida DOC Guards Convicted of Assault, Smuggling and Child Sex Abuse, by Jo Ellen Nott
- Hawaii Supreme Court Orders New Parole Hearing for Prisoner Held Since 1979, by Douglas Ankney
- $2.2 Million Settlement Over Transgender Georgia Prisoner’s Suicide Is Largest in State DOC History, by Matthew Clarke
- Eleventh Circuit Says Georgia Prisoner Failed to Exhaust Remedies by Filing Late Grievance to Ask for Investigation that Was Already Underway, by David Reutter
- Nevada Federal Court Denies Motion to Compel Arbitration by Rapid Financial Solutions in Debit Card Suit, by David Reutter
- $6,500 Paid by Nevada DOC After Ninth Circuit Affirms Denial of Qualified Immunity for Withholding Evidence From Prisoner Accused of Smuggling Meth in Mail, by David Reutter
- Ecuador’s Prison System in Catastrophic Crisis, by Edward Lyon
- What to Know about Using Pell Grants to Take College Classes in Prison, by Richard Hahn
- $725,000 Settlement Reached in North Carolina Prisoner’s Suicide at Troubled Jail, by Keith Sanders
- $316,673 Settlement in New Mexico Prisoner’s Lawsuit Over Stabbing at GEO-Operated Private Prison, by Matthew Clarke
- Guard Arrested for Running “Fight Club” in New Jersey Prison Kitchen, by Jayson Hawkins, Ashleigh Dye
- Sweetheart Deal Nets GEO Group $15 Million Payout from ICE for Haitian Deportation Flights, by Ashleigh Dye
- Tenth Circuit Says Disabled Colorado Prisoner Offered Diapers Rather Than Bathroom Pass May Deserve Damages Under ADA, by David Reutter
- Ninth Circuit Says Nevada DOC Not Micromanaged by Requirement to Treat Prisoner’s Severe Mental Illness; Upholds Preliminary Injunction, by Matthew Clarke
- Con Who Conned Cons is Sentenced to Federal Prison
- DOJ Reaches Settlement Over Disability Access With Vermont Prison System, by Jacob Barrett
- Absenteeism Skyrockets for New York City Jail Guards, Up 215% Over the Last Two Years, by Jo Ellen Nott
- Ninth Circuit: Error to Instruct Jury to Defer to Medical Staff’s Asserted Security Justification for Terminating California Prisoner’s Morphine Prescription Without Tapering, by Matthew Clarke
- Preliminary Injunction Granted to Illinois Prisoner to Receive Non-Allergenic Kosher Meals, by David Reutter
- Connecticut Supreme Court Rules That Prisoner Was Denied Due Process with Sex Offender Classification, by Harold Hempstead
- Lifting Six-Year Moratorium, Oklahoma Treats Witnesses to Convulsing and Vomiting Prisoner During Execution, by Keith Sanders
- News in Brief
- Washington State Supreme Court Holds that Denying Wheelchair-Bound Prisoner Access to Water and Toilet Facilities Violates State Constitution, by Douglas Ankney
- HRDC Sues New Hampshire Jail over Publications Banned under No-Hard-Copy Mail Policy, by Sam Rutherford
- HRDC Sues Nebraska Department of Correctional Services for Banning its Books, by Sam Rutherford
More from Matthew Clarke:
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, May 15, 2024
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, April 1, 2024
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, April 1, 2024
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, April 1, 2024
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, March 15, 2024
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.
- NaphCare: More Proof That Privatized Healthcare Deals Death and Misery to the Incarcerated to Enhance Profits, April 1, 2024. Naphcare, Primecare Medical, Corizon, Contractor Misconduct, Seizures, Drug/Alcohol Withdrawal, Private Contractors, Staffing, Vermin, Medical Neglect/Malpractice.
- One Detainee Dying Every Week in L.A. County Jails, April 1, 2024. Systemic Medical Neglect, Overcrowding, Jail Specific, Wrongful Death, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Class Actions.
- 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.
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024. Failure to Treat, Exposure to Heat, Discovery, Deliberate Indifference.