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Limitations Period in Suit Over Delay in Providing Surgery Begins When Prisoner is Recommended for Surgery
The statute of limitations in a lawsuit claiming medical negligence by prison officials in delaying a prisoner’s surgery begins to accrue when the prisoner is first recommended for surgery by a specialist, the Appellate Division of the Superior Court of New Jersey decided on February 19, 2009.
Cecil Fearon, incarcerated …
Cecil Fearon, incarcerated …
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More from this issue:
- Crime Labs in Crisis: Shoddy Forensics Used to Secure Convictions, by Matthew Clarke
- Prisoners of the Census in New York: Democracy on the March!, by Eric Lotke
- From the Editor, by Paul Wright
- New York Prisons Avoid Budget Axe, by David Reutter
- Are Doctors Complicit in Prison Torture? The Maine Medical Community Looks at Solitary Confinement, by Lance Tapley
- State Auditor Issues Report on Washington Department of Corrections
- $13 Million Settlement in DC Mass Arrest of Protestors, by David Reutter
- Settlement Allows North Carolina Prisoners to Receive Compensation for Writings, by David Reutter
- Expanded Eligibility for New York Medical Parole Has Little Effect, by Matthew Clarke
- Ex-Cons Face Tougher Job Market in Great Recession, by David Reutter
- Governing Through Crime: How the War on Crime Transformed American Democracy and Created a Culture of Fear, by Jonathan Simon (Oxford University Press 2007), 344 pages, by Ian Head
- New York Prison Chaplain Accused of Smuggling Weapons
- Prisoners’ Self-Help Litigation Manual, 4th Edition, by John Boston and Daniel Manville, Oxford University Press, 960 Pages, $39.95, by Paul Wright
- Former President of Florida Sheriff’s Association Enters Plea in Kickback Scheme, by David Reutter
- $3.125 Million in Settlements in Oregon Prisoner’s Beating Death
- Tennessee Judge Facing Misconduct Charges Tries to Depose Disciplinary Counsel, by Matthew Clarke
- Pennsylvania Prisoner Awarded $185,000 in Civil Rights Claim; Harassment Continues, by David Reutter
- Ninth Circuit Says Qualified Immunity Warranted for Comb-Binding Denial, by Mark Wilson
- Washington Prisoners Need Not Show Prima Facie Case Upon Challenging Prison Discipline, by David Reutter
- Virginia Issues Report on Monitoring of Sex Offenders Subject to Registration
- Georgia Ends Contact Visits for Death Row Prisoners, by David Reutter
- Texas Controversy: Governor Guts Forensic Science Commission, by Matthew Clarke
- For Lease: Never-Used 525-Bed Oregon Jail, $45 Million or Best Offer, by Mark Wilson
- Seventh Circuit Upholds Ban on Dungeons & Dragons, by Brandon Sample
- New York Prison Superintendents Live in Lap of Luxury on Taxpayer Subsidy
- Third Circuit Reverses $642,398.57 Attorney Fee Award for RFRA Claim by Immigration Prisoner
- U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff, by Brandon Sample
- Fraudsters Sentenced in Cornell Prison Construction Scheme, by Brandon Sample
- Successful Appellate Ruling Invalidating Statute Creates Prevailing Party for Attorney Fee Award, by David Reutter
- Exhaustion Excused Where Warden Misled Prisoner During Grievance Process, by Brandon Sample
- Ninth Circuit: Los Angeles County Not Liable for Occasional Over-Detentions, by Michael Brodheim
- Female Assistant Attorney General Pleads Guilty in Wife-Beating Case, by Mark Wilson
- Sexual Abuse of Youths at Tennessee Juvenile Facility Widespread, by David Reutter
- Fake Rape Claim Puts Woman in Prison, by Brandon Sample
- News in Brief:
- Limitations Period in Suit Over Delay in Providing Surgery Begins When Prisoner is Recommended for Surgery, by Brandon Sample
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:
- Now Under Federal Receivership, New York City’s Rikers Island Jails Still Have No Plan to Improve, No Firm Date to Close, Aug. 1, 2025. Guard Misconduct, DOC/BOP misconduct, Jail Misconduct, Corrections Audits, Systemic Medical Neglect, Medical Records, Eighth Amendment.
- PLN Publisher Wins Settlement Records from Centurion in Florida Prisoner’s Wrongful Death, Aug. 1, 2025. Centurion, Systemic Medical Neglect, Medical Records, Medical Neglect/Malpractice, Public Records Act, HRDC Litigation.
- HRDC Wins $480,000 in Legal Fees from Centurion for Denied New Mexico Records, Aug. 1, 2025. Centurion, Systemic Medical Neglect, Medical Records, Misdiagnosis, Failure to Treat, Malpractice, Medical Neglect/Malpractice, Public Records Act, HRDC Publications, HRDC Litigation.
- News in Brief, Aug. 1, 2025. Staff-Prisoner Assault, Private Prisons, Misconduct/Corruption, Guard Misconduct, Systemic Medical Neglect, Male Reproductive, Malpractice, Escapes, Guard Brutality/Beatings, Stun Guns/Tasers, Pepper Spray/Tear Gas, Restraints, Excessive Force (Wrongful Death), Juvenile Prisons, Bureau of Prisons (BOP), Bribery/Extortion/Theft.
- $1.875 Million Partial Settlement for Colorado Detainee’s Death from Untreated Alcohol Withdrawal; Claims Against Wellpath Pending Bankruptcy, Aug. 1, 2025. Systemic Medical Neglect, Drug/Alcohol Withdrawal, Failure to Treat, Medical Neglect/Malpractice.
- Qualified Immunity Denied for Iowa Prison Doctor’s MRI Delay for Non-Medical Reasons, Aug. 1, 2025. Systemic Medical Neglect, Failure to Treat, Qualified Immunity.
- $340,000 for Former Massachusetts Prisoner Whose Baby Was Stillborn, July 15, 2025. Systemic Medical Neglect, Medical Neglect/Malpractice, Children of Prisoners, Parent/Child Privilege.
- Nearly $2.6 Million Paid to Former Minnesota Jail Detainee for Injuries from Delayed Withdrawal Treatment, July 15, 2025. Medication, Systemic Medical Neglect, Drug/Alcohol Withdrawal, Failure to Treat, Deliberate Indifference.
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025. Geriatric Classification, Medical, Failure to Treat, Elderly Defendants.
- Seventh Circuit Revives Former Illinois Prisoner’s Claim for Delayed Hepatitis-C Treatment, July 15, 2025. Wexford Health Services, Systemic Medical Neglect, Deliberate Indifference.

