×
You've used up your 3 free articles for this month. Subscribe today.
Ninth Circuit Reinstates Disabled Prisoner's Deliberate Indifference Claim
Loaded on Dec. 15, 2013
published in Prison Legal News
December, 2013, page 42
On November 5, 2012, the Ninth Circuit reversed a district court’s dismissal of a lawsuit filed by a disabled prisoner with limited English proficiency who alleged that prison officials violated his constitutional rights by failing to honor a doctor’s order to house him in a ground-floor cell.
Filed under:
Disabled Prisoners,
Medical,
Injury -- Misc.,
Failure to Treat,
Eighth Amendment,
Administrative Exhaustion (PLRA).
Location:
California.
In December 2008, ...
Full article and associated cases available to subscribers.
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
More from this issue:
- FCC Order Heralds Hope for Reform of Prison Phone Industry, by John Dannenberg
- Prison Phone Companies Fight for Lucrative Florida DOC Contract, by David Ganim
- Consolidated Footnotes – Charts A to D
- From the Editor, by Paul Wright
- Habeas Hints: Staring Down the Two-Headed Monster: Richter-Pinholster, by Kent A. Russell
- BOP Compromises on Plan to Transfer Prisoners from FCI Danbury, by Derek Gilna
- Telemedicine Behind Bars
- Third Circuit Allows Prisoner's Substitution of Deceased Guard’s Estate
- Under Fire, the Federal Bureau of Prisons Audits its Use of Solitary Confinement - and Buys a New Supermax Prison, by James Ridgeway
- The Invisible Crisis of Correctional Health Care, by Cara Tabachnick
- BOP Settles Lawsuits Related to Food Poisoning at Pennsylvania Prison, by Derek Gilna
- California Supreme Court Addresses CDCR Gang Associate Validation
- Ninth Circuit Affirms Finding that Claim Accrues Each Time a Request for Conjugal Visits is Denied
- Kansas Supreme Court Holds Inpatient Drug Treatment Time Counts as Jail Time in Consecutive Non-Drug Case
- Ninth Circuit Reinstates Disabled Prisoner's Deliberate Indifference Claim
- Eighth Circuit Initially Allows Non-Delegation Challenge to SORNA, then Reverses Course, by Derek Gilna
- Wyoming Sheriff Granted Qualified Immunity for Jail Guard’s Sexual Assault
- No Summary Judgment on Claim that Guard Stole Prisoner’s Wedding Ring
- Ninth Circuit: Residential Reentry Center Walkaway is Not Escape
- Kansas Supreme Court Vacates Attorney Fee Reimbursement Order
- Minnesota: Favorable Resolution of Charges Establishes Rebuttable Presumption of Expungement
- Possession of Cell Phone Doesn’t Violate Nevada Escape Device Statute
- Iowa Voting Rights Restoration Process Becomes Slightly Less Onerous
- Massachusetts Warden Removed After Eight Months on the Job
- Elder Abuse in Prisons: The Call for Elder Justice and Human Rights Protections Behind Bars, by Tina Maschi
- British Court Blocks Sex Offender’s Extradition to U.S. Due to “Draconian” Civil Commitment Policies
- New York City’s Revised Indigent Defense Services Plan Upheld
- News in Brief
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.
- Fifth Circuit Greenlights Federal Takeover of Mississippi Jail, Aug. 1, 2025. Sexual Assault, Failure to Protect (General), Eighth Amendment, Staffing, Stun Guns/Tasers.
- 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.
- Suit Filed Over Fatal Beating of New York Prisoner That Sparked Massive Guard Strike, Aug. 1, 2025. Guard Misconduct, Failure to Treat, Guard Brutality/Beatings, Restraints, Failure to Protect (Wrongful Death), Excessive Force (Wrongful Death).
- SCOTUS Partially Overturns Pavey, Holds PLRA Exhaustion Dispute Must Go to Jury Even If Intertwined with Merits of Michigan Prisoner’s Claim, Aug. 1, 2025. Administrative Exhaustion (PLRA).
- $2.6 Million Paid for Detoxing Washington Jail Detainee Allowed to Leap to His Death, Additional NaphCare Payout Undisclosed, Aug. 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Failure to Protect (Wrongful Death).
- Ninth Circuit: Continuing-Violations Doctrine Applies for PLRA Administrative Exhaustion Purposes, Aug. 1, 2025. Failure to Protect (General), Administrative Exhaustion (PLRA), Grievances, Prison Litigation Reform Act (PLRA).
- Ninth Circuit Revives Prisoner’s Claim Based on Guard’s Thwarting of Administrative Remedies, Aug. 1, 2025. Retaliation for Filing Grievances, Administrative Exhaustion (PLRA), Grievances.
- $15 Million Settlement Reached in San Diego Jail Detainee’s Untreated Withdrawal Death, Aug. 1, 2025. Drug/Alcohol Withdrawal, Failure to Treat, Arrest and Booking.
- $325,000 Paid to Former Wisconsin Prisoner Whose Cancer Biopsy Was Delayed by Previously Disciplined Doctor, Aug. 1, 2025. Cancer, Failure to Treat, Malpractice.