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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, …
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More from this issue:
- FCC Order Heralds Hope for Reform of Prison Phone Industry, by John Dannenberg
- Consolidated Footnotes – Charts A to D
- Prison Phone Companies Fight for Lucrative Florida DOC Contract, by David Ganim
- 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
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- 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
- Ninth Circuit Affirms Finding that Claim Accrues Each Time a Request for Conjugal Visits is Denied
- California Supreme Court Addresses CDCR Gang Associate Validation
- 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
- No Summary Judgment on Claim that Guard Stole Prisoner’s Wedding Ring
- Wyoming Sheriff Granted Qualified Immunity for Jail Guard’s Sexual Assault
- Ninth Circuit: Residential Reentry Center Walkaway is Not Escape
- Minnesota: Favorable Resolution of Charges Establishes Rebuttable Presumption of Expungement
- Kansas Supreme Court Vacates Attorney Fee Reimbursement Order
- 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
- New York City’s Revised Indigent Defense Services Plan Upheld
- British Court Blocks Sex Offender’s Extradition to U.S. Due to “Draconian” Civil Commitment Policies
- News in Brief
More from these topics:
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- Pregnant Women Detained in Jail: The Hideous Story of In-Custody Births, May 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Jail Specific, Medical Neglect/Malpractice.
- $9.8 Million in Settlements Reached with South Carolina County and Wellpath in Gruesome Jail Death, May 1, 2026. Failure to Treat, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- $2.135 Million Partial Settlement Reached in Schizophrenic Detainee’s Death from “Gross Medical Neglect” at South Carolina Jail, May 1, 2026. Prison Health Services, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Taser Use Doubled After Grand Jury Report on Pennsylvania Prisoner’s Death, May 1, 2026. Failure to Treat, Stun Guns/Tasers, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Staff Training.
- Houston Jail Renews $38 Million Contract to Outsource Detainees to Private Lockups, April 1, 2026. Corrections Corporation of America/CoreCivic, Failure to Treat, Overcrowding, Staffing, Medical Neglect/Malpractice.
- New Illinois State Law Requires Prisons to Submit Annual Hospice Reports, April 1, 2026. Systemic Medical Neglect, Cancer, Failure to Treat, State Legislation, Inadequate Health Care Facilities.
- Almost $1 Million in Settlements Paid to Three Nevada Prisoners, April 1, 2026. Cancer, Failure to Treat, Overdetention, Deliberate Indifference.
- Internal Assessment Contradicts Public Claims About Women’s Prisons, April 1, 2026. DOC/BOP misconduct, Failure to Treat, Totality of Conditions, Toxic Fumes/Chemicals, Deliberate Indifference.

