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Failure to Treat Broken Hand States Claim
Loaded on Aug. 15, 1997
published in Prison Legal News
August, 1997, page 17
A federal district court in Illinois held that prison doctors' failure to treat a broken hand for nine days stated an eighth amendment claim and an Illinois state law requiring that an affidavit be filed in medical malpractice cases did not apply to federal civil rights cases. Ricardo Senisais, an …
Filed under:
Skeletal Injury,
Eighth Amendment,
Civil Procedure,
State Law Claims,
Expert Witnesses.
Location:
Illinois.
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More from this issue:
- Supreme Court Upholds Kansas Civil Commitment Law, by Dan Pens
- Washington Prison Official Tagged for Fire
- From the Editor, by Paul Wright
- No P.C. for Informants
- Disputed Facts Require Trial in Beating Case
- Notes from the Unrepenitentiary, by Laura Whitehorn
- Washington Prison Food Factory Cooks Up Controversy
- Publications Reviews, by Paul Wright
- Habeas and 1983 Remedy for Disciplinary Hearings Discussed
- Florida Paradox of Prisons, Politics and Profits
- Washington Prison Legislation
- Prisoner's Death Throws Utah DOC into Turmoil
- Kansas Ad Seg Hearing Required
- AA Probation Requirement Violates Establishment Clause
- DC Circuit Creates New Immunity Rule: Supreme Court Grants Review
- Punitive Segregation May Violate Due Process
- District Courts Responsible for PLRA Appeal Fees
- PLRA Filing Fees Don't Apply to Habeas
- PLRA 'Physical Injury' Requirement Affirmed
- Fourth Circuit Affirms PLRA IFP Provisions in Parole Suit
- Fifth Circuit Applies Three Strikes Provision
- PLRA Physical Injury Requirement Defined
- Con Artist Dupes 'America's Toughest Sheriff'
- Un-Happy Meal Provider Pulls Out of Kansas Prisons
- North Carolina Population Limit Modification Affirmed
- Jail Medical Fees Upheld by Fifth Circuit
- Florida Ban on Prisoner Legal Help Struck Down
- Administrative Exhaustion Required for Disc. Habeas
- Florida Supreme Court Strikes Down Gain Time Loss
- Failure to Treat Broken Hand States Claim
- Michigan DOC Held in Contempt in Court Access Case
- No Immunity for Denial of Exercise
- Utah Supreme Court Vacates Damage Reduction in Prison Suit
- Washington Cost Bill PI Vacated
- News in Brief
- Retaliation Verdict Reversed
- Res Judicata No Bar to Damages in Illegal Sentence
- Medical Malpractice Instruction Warranted in Eighth Amendment Suit
- No Private Cause of Action Under BOP Statute
- California Prison Focus
More from these topics:
- Eighth Circuit Revives § 1983 Complaint Alleging Jail Detainees’ Death from Stroke was Due to Deliberate Indifference and Failure to Train, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Failure to Train/Supervise, Deliberate Indifference.
- Alabama Barred from Executing Prisoner by Nitrogen Hypoxia, July 1, 2026. Totality of Conditions, Eighth Amendment, Death Penalty, Cruel and Unusual Punishment, Wrongful Use of Force.
- 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.
- North Texas Prison Evacuated After Carbon Monoxide Leak, July 1, 2026. Toxic Fumes/Chemicals, Eighth Amendment, Exposure to Cold, Water, Exposure to Heat.
- Eighth Circuit Rules Plaintiff Must Cover Expert Costs, July 1, 2026. Costs, Expert Witnesses, Bill of Costs.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Louisiana Prisoner Sustains Claim Against Prison Doctor for Allowing Assignment to “Field Duty” Despite Known Ankle Injury, March 1, 2026. Inability to Work, Skeletal Injury, Summary Judgment, Qualified Immunity, Deliberate Indifference.
- Three Prisoners Killed in Fight at Georgia Prison, Feb. 1, 2026. Prison/Jail Murders, Totality of Conditions, Failure to Protect (General), Eighth Amendment, Staffing.
- California Funds $38 Million Pilot Program to Investigate Methods for Cooling Three Prisons, Jan. 1, 2026. DOC/BOP misconduct, Systemic Medical Neglect, Eighth Amendment, Exposure to Heat, Deliberate Indifference.
- As California Limits Water Use, People in Prison Face Punishment for Showering, Jan. 1, 2026. Overcrowding, Eighth Amendment, Environmental Law, Water, Sanitation.

