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Dismissal not Appropriate for Unintentional Delay
Loaded on July 15, 1993
published in Prison Legal News
July, 1993, page 8
David Sterling is a BOP prisoner. He filed suit under the Federal Tort Claims Act (FTCA) in district court in California claiming prison officials at Leavenworth, Kansas, negligently prescribed medication which caused him severe stomach and auditory pain. After he filed suit he was moved to a North Dakota prison. …
Filed under:
Medication,
Civil Procedure,
Sanctions,
Venue,
Federal Tort Claims Act.
Location:
North Dakota.
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More from this issue:
- No Qualified Immunity for Medical Indifference
- Lack of Treatment States Claim
- Reduction In Damages Improper
- Equal Protection for Handicapped Explained
- Racism and Treatment, by Terrence Hazel
- Arizona Prisoners Denied Adequate Mental Health Care
- The Transsexual in Prison-A Focal Point, by Lofofora Eva Contreras
- Incompetent Medical Exam Violates 8th Amendment
- Informal Brief Acts as Notice of Appeal
- Confiscation of Legal Materials States Claim
- Congress to Limit Prisoner Suits
- AG Not Entitled to Immunity
- Rehabilitation versus Punishment=Attitude, by John Adams
- Grievance Procedure Tolls Statute of Limitations
- Dismissal not Appropriate for Unintentional Delay
- Illinois Tolling Statute Unconstitutional
- Men in Prison: A Review, by Paul Wright
- Prison Riot in Argentina
- The Hot House; Life Inside Leavenworth Prison - A Book Review, by Ed Mead
- We Need Solutions, Not More Prisons, by Ed Mead
- From The Editor, by Ed Mead
- German Prison Destroyed
- Prison Breakout in Peru
- Palestinian Political Prisoners
- Letter from Spain
- Control Units and Democratic Repression in Chile
More from these topics:
- Report Highlights Shortage of Wheelchairs at Michigan Women’s Prison, Sept. 1, 2026. Disabled Prisoners, Medication, Systemic Medical Neglect, Staffing, Deliberate Indifference.
- Hawai‘i Pays $600,000 for Prisoner’s Withdrawal Death, Sept. 1, 2026. Medication, Drug/Alcohol Withdrawal, Failure to Treat, Settlements, Medical Neglect/Malpractice.
- Oregon Supreme Court: Jail Credit Statute Focuses Upon Legal Custody Not Physical Custody Location, July 1, 2026. Civil Procedure, Sentencing, Appeals/Appellate Jurisdiction, Criminal Justice, Statutory Construction/Interpretation.
- Federal Court Partially Enjoins Enforcement of Georgia’s S.B. 185 Prohibiting Gender-Affirming Health Care in DOC, June 1, 2026. Medication, Failure to Treat, Injunctions, Transgender Medical Procedures, Cruel and Unusual Punishment.
- Fourth Circuit Revives Detainee’s Suit Alleging Monell and 14th Amendment Deliberate Indifference Claims, June 1, 2026. Medication, Private Contractors, Failure to Treat, Monell Liability, Deliberate Indifference.
- Wisconsin’s Incarcerated Population Has More Access to Opioid Treatment, But Still Missing in Eight County Jails, April 1, 2026. Medication, Drug/Alcohol Withdrawal, Drug Treatment/Rehab, Health care.
- Medical Audit at New Mexico Jail Once Again Finds Poor Level of Healthcare, March 1, 2026. Medication, Systemic Medical Neglect, Drug/Alcohol Withdrawal, Contagious Disease -- Misc., Staffing.
- Los Angeles County Restricts Opioid Treatment, Feb. 1, 2026. Medication, Systemic Medical Neglect, Failure to Treat, Drug Overdose, Drug Treatment/Rehab.
- $2.75 Million Paid by Washington County and NaphCare for Death of “Floridly Psychotic” Detainee Left Untreated in Jail for Months, Jan. 1, 2026. Naphcare, Medication, Systemic Medical Neglect, Failure to Treat (Mental Illness), Deliberate Indifference.
- Sixth Circuit Affirms Denial of Qualified Immunity to Jail Nurses in Suit Arising from Prisoner’s Death, Dec. 1, 2025. Medication, Failure to Treat, Qualified Immunity, Medical Neglect/Malpractice, Deliberate Indifference.

