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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:
- 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.
- $25,000 Paid to Former New York Jail Detainee Subjected to Delayed Healthcare and Denied Mental Healthcare— Despite Seven Suicide Attempts, July 1, 2026. Failure to Treat, Conditions of Confinement, Mental Health, 42 U.S. Code § 1983, civil action for deprivation of rights, Deliberate Indifference.
- Tenth Circuit Upholds $33 Million Jury Award in Suit Over Detainee’s Horrific Death in Oklahoma County Jail, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Failure to Train/Supervise, Medical Neglect/Malpractice, Deliberate Indifference.
- Three Women Died at a Michigan Prison in Less than a Month, July 1, 2026. Systemic Medical Neglect, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Retroactive Guideline Amendments: The Narrow Path to a Federal Sentence Reduction, July 1, 2026. Appointment of Counsel, Career Offenders, Mandatory Minimum Sentence, 18 U.S.C. § 3582(c)(2), Guideline Amendment/Variances and Retroactivity.
- Safety of “The Wrap” Restraint Device Questioned Amid Fatalities and Criticism From Medical Experts, July 1, 2026. Police Misconduct, Failure to Treat, Restraints, Police--Excessive Force, Federal Legislation.
- Over $2 Million Paid by Otero County and VitalCore Health Strategies for New Mexico Jail Suicide, June 1, 2026. Failure to Treat, Medical Neglect/Malpractice, Suicides, Immunity - Sovereign/Municipal, Deliberate Indifference.
- $5 Million Paid by Colorado County for Jail Detainee’s “Gruesome” Death from Untreated Ulcer; Claims Proceeding Against Southern Health Partners, June 1, 2026. Private Prisons, Systemic Medical Neglect, Private Contractors, Failure to Treat, 42 U.S. Code § 1983, civil action for deprivation of rights.
- Seventh Circuit Reinstates Illinois Prisoner’s Lawsuit Against Prison Dental Staff, June 1, 2026. Dental Care, Administrative Exhaustion (PLRA), Summary Judgment, Class Certification, Deliberate Indifference.
- Florida Federal Court Excoriates BOP for Health Care Failures, Grants Prisoner Early Release to Seek Treatment for Possible Breast Cancer, June 1, 2026. DOC/BOP misconduct, Systemic Medical Neglect, Cancer, Failure to Treat, Compassionate Release.

