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Preliminary Injunction Granted for Florida Prisoner's Medical Treatment

On November 19, 2009, U.S. District judge granted Motion for Preliminary Injunction that would not delay the prisoner's treatment recommended by outside specialists and physicians.

In early 2008, while in State's custody, Rosemarie M. was diagnosed with uterine fibroid tumor which caused vaginal bleeding. In June 2008 and August 2008, she was treated with two different gynecological procedures. Both procedures failed to alleviate her medical condition. In January 2009, medical officials recommended and authorized uterine surgery to remove the fibroid.

Before the surgery could be scheduled, Rosemarie was transferred to the custody of U.S. Immigration and Customs Enforcement (ICE) in April 2009. While in ICE custody, she was examined by several physicians and provided with numerous diagnostic testing forms. ICE and its personnel claimed that she refused to consent to the recommended procedure.

In her lawsuits, Rosemarie claimed that language barrier confused her by the amount of various forms she was asked to sign. With the assistance of counsel, she asserted her willingness to undergo the recommended medical procedure.

Citing Rosemarie's health, which exceeds any potential injury to ICE and its personnel, the U.S. District judge granted the preliminary injunction and ordered the permittance of her counsel to accompany her to all examinations, appointments, and procedures. See: Rosemarie M. v. Morton, 671 F.Supp.2d 1311 (M.D. Fla. 2009).

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Related legal case

Rosemarie M. v. Morton