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Ninth Circuit: Budgetary Constraints May Excuse Deliberate Indifference to Prisoner’s Serious Medical Needs; En Banc Review Granted
Loaded on Jan. 15, 2014
published in Prison Legal News
January, 2014, page 52
On January 7, 2013, a divided Ninth Circuit panel held that a prison employee, alleged to be deliberately indifferent to a prisoner’s serious medical needs, can avoid liability for damages by establishing that his inability to provide necessary medical care resulted from a lack of resources over which he had ...
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More from this issue:
- American Apartheid: Why Scandinavian Prisons Are Superior, by Doran Larson
- Sweden’s Shrinking Prison Population, by Christopher Zoukis
- From the Editor, by Paul Wright
- Mangaung and Beyond: Private Prison Exemplifies South Africa’s Criminal Justice Woes, by James Kilgore
- Hidden Agenda Fuels Challenge to Pivotal Death Penalty Case, by David Protess
- Seventh Circuit: Lifetime Supervision in Pornography Case Set Aside, by Derek Gilna
- Pennsylvania Woman Jailed for Failure to Pay Parking Tickets
- Controversy, Litigation and Performance Problems Plague Private Probation Services, by David Reutter
- Task Force Linked to Harsh Sentencing Laws and Private Prison Firms Disbands Following Public Scrutiny, Boycott
- East Mississippi Prison Nightmare, by Christopher Zoukis
- Massachusetts Supreme Court: 90 Days in Segregation on Awaiting Action Status without Hearing Violates Due Process
- Washington Defendant Improperly Denied Transcript at State Expense
- Programs Proliferate for Incarcerated Veterans
- Arizona TV Reporter Blames Prisoners for Citizens’ Lack of Healthcare
- Study: Risk of Murder, Overdose and Suicide Higher for Recently Released Jail Prisoners in New York City
- California Parole Board Agrees to Implement Policy to Fix Terms at Lifers’ Initial Hearings, by John Dannenberg
- How Actions by Oklahoma Governor’s Staff Led to Weakened State Justice Reforms, by Clifton Adcock
- Failure to Protect New Jersey Jail Detainee Leads to Drastic Bail Reduction
- Top Texas Judge Breaks the Law but Gets Special Treatment
- New York Prisoner Awarded Almost $16 Million Due to Poor Medical Treatment, by Christopher Zoukis
- Director of Victims’ Rights Group Sent to Prison for Embezzlement
- Study Finds Prisoners Inappropriately Using Topical Antibiotics, by David Reutter
- Connecticut Guards File Grievances over Efforts to Stem Super Bowl Absenteeism
- PLN Challenges Postcard-only Policy at Florida Jail
- Shareholder Resolutions Seek to Lower Phone Rates at Private Prisons
- Unwanted Reprieve from Execution Upheld by Oregon Supreme Court, by Christopher Zoukis
- Massachusetts Supreme Court: Failure to Register Guilty Plea Vacated
- No Immunity for Detainee’s Death Due to Alcohol Withdrawal; $1.23 Million Settlement on Remand
- Tenth Circuit: FRAP 4(b) Clock Commences Upon Entry in Public Docket
- FCC Rate Caps on Prison Phone Calls to Impact Nevada DOC’s Budget, by David Ganim
- SC Supreme Court Reverses Furtick; No Liberty Interest in Opportunity to Earn Sentence-Reduction Credits
- Religious Diet Qualified Immunity Test Outlined by Seventh Circuit
- Multiple Convictions, Single Proceeding Triggers Alaska Lifetime Sex Offender Registration
- Oregon: Life Sentence for Murder Unconstitutional During Eight-Month Period in 1999
- Seventh Circuit Affirms Dismissal of Prisoner's Law Library Access Claim, by Derek Gilna
- Ninth Circuit: Budgetary Constraints May Excuse Deliberate Indifference to Prisoner’s Serious Medical Needs; En Banc Review Granted
- Tenth Circuit Orders Foreseeability Jury Determination for Detention by New Mexico DOC Employees
- Ninth Circuit: No Summary Judgment on Claim of Excessive Use of Pepper Spray
- Oregon: Jury Trials Required When Prosecutors Treat Misdemeanors as Violations
- Res Judicata Doesn't Bar Ohio Post-release Control Challenge
- Hawaii: Incarceration is Good Cause for Failure to Appear; Bail Forfeiture Set Aside
- News in Brief
More from these topics:
- 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).
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- $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.
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- 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.
- Eleventh Circuit Announces New Deliberate Indifference Framework in Dismissing Georgia Prisoner’s Claim for Skipped Anti-Seizure Meds, July 15, 2025. Medication, Seizures, Failure to Treat.
- 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.