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Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference
Loaded on Jan. 15, 2010
by Brandon Sample
published in Prison Legal News
January, 2010, page 49
The U.S. Court of Appeals for the Seventh Circuit has reversed a grant of summary judgment to a Bureau of Prisons (BOP) doctor accused of denying a death row prisoner needed eye surgery.
Filed under:
Vision,
Surgery,
Failure to Treat,
Attorneys,
Appointment of Counsel,
Summary Judgment,
Appeals,
Death Row.
Location:
Indiana.
Arboleda Ortiz, a federal prisoner currently on death row at the U.S. Penitentiary in Terre Haute, Indiana, ...
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More from this issue:
- Prison Health Care, Political Choice and the Accidental Death Penalty in Michigan, by Elizabeth Alexander
- $950,000 Settlement for California Prisoner Rendered Quadriplegic
- From the Editor, by Paul Wright
- Hadix Litigation Winding Down, by David Reutter
- Shortcomings Cited at Virginia’s Civil Commitment Facility, by Matthew Clarke
- BOP Settles FTCA Abuse/Religious Discrimination Suit for $48,000, by Brandon Sample
- U.S. DOJ Calls Houston Jail Unconstitutional, Prisoner Death Rate Alarming, by Gary Hunter
- $75,000 Settlement in Heart Attack Death of Missouri Jail Prisoner
- Don’t Build it Here Revisited (or “There is no Economic Salvation Through Incarceration”) - Prisons Do Not Create Jobs, by Clayton Mosher
- $125,000 Settlement in Suicide Death Of New York Jail Prisoner
- Pennsylvania Prisoner Gets $12,500 in Retaliation Suit After Remittitur, by John E Dannenberg
- Settlement in Class-Action Suit Against CCA Modified After PLN Unseals Court Documents, by Alex Friedmann
- Colorado Detainee Tasered During Seizure, Paid $116,731.73 and $83,268.27 in Fees
- Prison Video Visitation Expands into For-Profit Market, by David Reutter
- Sex with Former Jail Employee Lands Texas Sex Offender Back in Prison
- Soft Porn, Bribery and Jailed Millionaire Make for a Dangerous Mix, by Brandon Sample
- California Communities Made Less Safe as Sex Offender Housing Restrictions More Strictly Enforced, by Michael Brodheim
- Texas Supreme Court Rules in Favor of Ex-Prisoner’s Religious Halfway House, by Matthew Clarke
- Former High-Ranking CIA Official Imprisoned for Corruption, by Matthew Clarke
- $2.4 Million Settlement in Children’s Death Caused by California Jail Guard’s Driving
- $1.95 Million Awarded to New Hampshire Guards Falsely Accused of Assaulting Prisoner, by David Reutter
- Guantanamo’s Youngest Prisoner Can’t Be Tried, Won’t be Released, by Matthew Clarke
- Education for Persons in Detention—A Human Right, by Jimmy Franks
- BOP Guard Found Guilty in Prisoner’s Death, Sentenced to Life, by Brandon Sample
- Four Pennsylvania Jail Guards Fired, Two Resign Over Prisoner Beating, by David Reutter
- South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation
- Federal Jury Awards $5 Million for Wrongful Conviction Involving Houston Crime Lab, by Matthew Clarke
- Seventh Circuit Upholds $9,063,000 Award to Illinois Ex-Prisoner Exonerated by DNA, by Brandon Sample
- Iowa Supreme Court: Retroactive Good Conduct Time Denial is Unconstitutional, Depending on Date of Conviction, by Matthew Clarke
- Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000
- New York Politicians Want to Re-Evaluate Civil Confinement Release Law, by Matthew Clarke
- New Hampshire City Ordinance Restricting Sex Offender Residency Found Unconstitutional
- PLN Sues Texas Dept. of Criminal Justice Over Censorship; Court Upholds Rights of Book Distributors, by Alex Friedmann
- Oneida County, NY Jail Suicide Litigation Settled for $225,000
- Los Angeles County Jail Agrees To Pay $900,000 to Settle Lawsuit over Inadequate Medical Care
- DHS Ordered to Respond to Petition Seeking National Stan-dards at Immigration Detention Facilities, by Brandon Sample
- $1.31 Million Awarded to California Man Wrongly Jailed on Murder Charge
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- Discovery Disputes in Suit Over Pennsylvania Jail MRSA Deaths, by Matthew Clarke
- China Taking Steps to Reduce Number of Executions
- Federal Court Awards $1.47 Million in Attorney Fees and Costs against Sheriff Arpaio
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- District Court May Order Martinez Report, Ninth Circuit Holds
- Washington Supreme Court Upholds Denial of Parole for Sex Offender Who Refuses to Admit Guilt
- Washington Pretrial Release UAs Invalidated
- Second Circuit Establishes Anonymous Pleading Standards
- Fifth Circuit Reinstates Texas Prisoner’s Failure-to-Protect Suit, by Matthew Clarke
- Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference, by Brandon Sample
- News in Brief:
More from Brandon Sample:
- Q&A: Ineffective Assistance of Counsel: Which Errors Are Worth Pursuing?, April 12, 2019
- Guilty Plea Does Not Foreclose Challenge To Constitutionality Of Conviction, U.S. Supreme Court Decides, April 19, 2018
- U.S. Supreme Court Rejects Habeas Relief Citing AEDPA Deference, Dec. 19, 2017
- Maryland Ban on Prisoner's Book Rescinded, Aug. 23, 2016
- Former BOP Guard Convicted In Murder-For-Hire Scheme, Aug. 22, 2016
- Second BOP Guard Convicted In Assault-For-Hire, Aug. 22, 2016
- BOP Dentist Gets Slap On The Wrist for Sex Abuse, Aug. 22, 2016
- Cook County Jail Agrees to Improvements, April 15, 2013
- No More Than 20 Percent Can Be Deducted To Pay Filing Fees, April 15, 2013
- Heck Does Not Apply to Released Prisoner Seeking Damages for Sentence Miscalculation, April 15, 2013
More from these topics:
- $10.5 Million in Settlements for San Diego Jail Detainee’s Severe Brain Injury, May 4, 2025. Brain Injury, Failure to Treat, Settlements.
- Seventh Circuit Reverses Denial of Class Certification in Suit Over Inadequate Dental Care at Chicago Jail, March 1, 2025. Dental Care, Failure to Treat, Class Certification.
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025. Failure to Treat, Qualified Immunity, Immunity - Absolute and Qualified.
- Fourth Circuit Revives Claims Against Virginia Jailers by Detainee They Allegedly Manhandled While Handcuffed, Feb. 15, 2025. Videotaping, Guard Brutality/Beatings, Restraints, Summary Judgment, Physical Injury/Restraint.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- Arizona To Resume Executions, Feb. 15, 2025. Death Row, Lethal Injection Method of Execution.
- Seventh Circuit Offers Wisconsin Prisoner Just a Little Help in Suit Alleging He Was Held in Feces-Stained Cell Without Water, Feb. 15, 2025. Sewage, Water, Sanitation, Summary Judgment.
- Colorado Supreme Court Announces When Deciding Defendant’s Pro Se Motion Requesting Counsel on Postconviction Review, Trial Court Must Either Deny Entire Motion or Permit All Claims If Any Have Arguable Merit, Dec. 15, 2024. Appointment of Counsel, After Request for Counsel, Pro Se Issues.
- In Failure-to-Treat Claims, Wellpath Denied Dismissal in Virginia, Settles in Pennsylvania, Dec. 15, 2024. Private Contractors, Failure to Treat, Dismissal.
- $25 Million Contempt Fine Prompts Release of Pretrial Detainees from Philadelphia Lockups, Dec. 15, 2024. Appointment of Counsel, Contempt (Civil Procedure), Bail/Pretrial Release, Fines.