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New Trial Required for Improper Testimony
Loaded on Oct. 15, 1994
published in Prison Legal News
October, 1994, page 10
Michael Kemp is a Missouri state prisoner. He filed suit under § 1983 claiming that a prison guard, Antonio Balboa, had confiscated his epilepsy medication and flushed it down the toilet. This resulted in Kemp having epileptic seizures during which he injured himself. The case went to trial and a …
Filed under:
Medical,
Medication,
Seizures,
Medical Records,
Attorney Fee Awards,
Damages,
Evidentiary Ruling,
Witnesses,
Seizure of Prisoner Funds.
Location:
Missouri.
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More from this issue:
- Retaliation Case Dismissal Reversed
- CBS Liable for Filming Search
- Prisoner Mail Trashed at Waupun
- WA DOC Negligence Caused Prisoner Death, by Paul Wright
- The Forgotten Crime Victim, by Willie Wisely
- MS Prison Officials Indicted
- New York Police Falsify Evidence, by Dale Gardner
- Fraudulent Police Chemist Flees Justice
- No Immunity for Delay of Medical Care
- Prisoners Have Right to Prompt Sentence Computation
- Court Returns Fines
- Federal Public Defenders Govt. Employees for FTCA
- Ad-Seg Placement Without Hearing Illegal
- No Right to HIV Testing
- Correct Jury Instructions Needed for Beating Trial
- MO Court's HIV Disclosure Rule Struck Down
- Name Change Statute Upheld
- Agreement Reached in State-Wide Pennsylvania Prison Case
- New Trial Required for Improper Testimony
- Florida Prisoners Have Right to Attend Forfeiture Trial
- Seg Prisoner Entitled to Competent Hearing Help
- Bias in Military Death Penalty
- U.S. Number 1 (in Murder, Violence, Imprisonment, etc.)
- Pepper Spray Hazardous
- German Court Legalizes Soft Drugs
- El Salvador Prison System in Crisis
- PR Prisoners Rebel
- The Fire Inside, by Ray Luc Levasseur
- Eleventh Anniversary of Marion Lockdown, by Tom Silverstein
- News in Brief
- Amnesty Criticizes OK Control Unit
- From The Editor, by Dan Pens
- $273,000 Settlement for Gassing
- Reviews
- Peruvian Government to Stand Trial for Prison Massacres
- $1 Million for Boiling Prisoner
- $153,400 Awarded to Estate for Stabbing Death
- $1.7 Million Settlement for Beating
- Swedish Prisoners Mutiny
More from these topics:
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- Federal Jury Returns $763,000 Verdict Against Centurion for Indiana Prisoner’s Denied Kidney Disease Treatment, Oct. 1, 2026. Centurion, Medication, Pain, Failure to Treat, Deliberate Indifference.
- Maryland Pays $314,000 for Stonewalling Public Records Requests in Prisoner’s Dehydration Death, Oct. 1, 2026. DOC/BOP misconduct, Water, Attorney Fee Awards, Settlements, Public Records Act.
- $4,000 Awarded to Ohio Prisoner for Denied Records Requests, Oct. 1, 2026. Damages, Retroactivity, Public Records Act, Statutory Construction/Interpretation.
- Eleventh Circuit Affirms Refusal to Expand Bivens to Claim Alleging Federal Prisoner Died from Denial of Treatment for Hepatitis C, Oct. 1, 2026. Medical, Eighth Amendment, Administrative Exhaustion, Civil Rights Actions or Offenses/Bivens Actions, Deliberate Indifference.
- Florida DOC Rebuked for Seizing Prisoner’s Excessive Force Settlement to Cover Incarceration Liens, Sept. 1, 2026. Summary Judgment, Settlements, Seizure of Prisoner Funds, Trust Accounts, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Report Highlights Shortage of Wheelchairs at Michigan Women’s Prison, Sept. 1, 2026. Disabled Prisoners, Medication, Systemic Medical Neglect, Staffing, Deliberate Indifference.
- Michigan DOC Legal Payouts Top $7 Million in FY 2025, Less than One Percent of $2.15 Billion Operating Budget, Sept. 1, 2026. Statistics/Trends, Cost of Prison Systems, Damages, Settlements.
- Hawai‘i Pays $600,000 for Prisoner’s Withdrawal Death, Sept. 1, 2026. Medication, Drug/Alcohol Withdrawal, Failure to Treat, Settlements, Medical Neglect/Malpractice.
- $3 Million Settlement Reached with BOP for Attorney’s Fees in Sex Abuse Class-Action from Now-Shuttered California “Rape Club”, Aug. 1, 2026. Staff-Prisoner Assault, Attorney Fee Awards, Settlements, Consent Decrees, Class Actions.

