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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:
- Sixth Circuit Affirms Denial of State-Law Qualified Immunity in Scabies Case, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Contagious Disease -- Misc., Qualified Immunity, Deliberate Indifference.
- Nevada Prisons Are Facing a Medical Crisis Due to Understaffing, Aug. 1, 2026. Systemic Medical Neglect, Failure to Treat, Eighth Amendment, Staffing, Medical Neglect/Malpractice.
- Judge Grants Attorney’s Motion to Withdrawal from Corizon Health Case Due to Non-Payment, Aug. 1, 2026. Corizon, Systemic Medical Neglect, Private Contractors, Failure to Treat, Bankruptcy.
- Tulsa Jail Shutting Down After Investigative Reporting on Detainee Deaths, Aug. 1, 2026. Contractor Misconduct, Systemic Medical Neglect, Staffing, Medical Neglect/Malpractice, Failure to Treat (Mental Illness).
- He Died in a Florida Jail. The Company in Charge Should Have Sent Him to the Hospital, Experts Say., July 1, 2026. Armor Correctional Health Services, Systemic Medical Neglect, Medical Neglect/Malpractice.
- 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.
- ICE Stops Reporting Deaths of Recently Released Detainees, July 1, 2026. Misconduct/Corruption, Medical, Conditions of Confinement, Immigration Law/Offenses, Civil Rights Actions or Offenses/Bivens Actions.
- Fifth Circuit Kills Louisiana Prison Medical and Mental Health Care Reform, July 1, 2026. Medical, Conditions of Confinement, PLRA, Immunity/Liability, Mental Health.
- Louisiana’s Atavistic Approach to Criminal Sentencing and Parole Demonstrates Politicians’ Failure to Learn from Past Mistakes, July 1, 2026. Medical, Conditions of Confinement, Sentencing, Parole, Prisoners' Rights.
- BOP Ordered to Restart Gender Affirming Care for Trans Prisoners, July 1, 2026. Medical, Conditions of Confinement, Administrative Exhaustion (PLRA), Transgender.

