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Seventh Circuit: Two-month Delay in Ordering Biopsy Not Deliberate Indifference
by Christopher Zoukis
The Court of Appeals for the Seventh Circuit ruled on October 12, 2016 that a two-month delay in ordering a biopsy of a prisoner’s potentially cancerous masses did not constitute deliberate indifference to his serious medical needs.
Calvin Whiting was incarcerated at the Shawnee Correctional Center in ...
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More from this issue:
- Banks Profit from Loans to Private Prison Industry, by Derek Gilna
- Florida: Trio of Con Artists Sentenced in Rule 35 Sentence Reduction Scam
- Study Finds Extreme Lack of Gender, Racial/Ethnic Diversity in State Courts, by Derek Gilna
- Seventh Circuit Reinstates Indiana Prisoner’s Lawsuit, Holds Prison Officials Prevented Him from Pursuing Grievances, by Lonnie Burton
- Denial of FOIA Request for Complaints Against Immigration Judges Reversed, by Christopher Zoukis
- Fourth Circuit Rules Lawsuit over Inadequate Prison Food Not Barred by Res Judicata, by Lonnie Burton
- Ethics Rule Requiring Post-conviction Disclosure of Exculpatory Evidence Adopted in North Carolina
- Use of Electronic Monitoring Skyrockets, by Christopher Zoukis
- Nebraska Supreme Court Holds Reporter Can’t See Executed Prisoner’s Drawings, by Christopher Zoukis
- Seventh Circuit: Two-month Delay in Ordering Biopsy Not Deliberate Indifference, by Christopher Zoukis
- Tennessee Sheriff Settles Lawsuit over Religious Proselytization
- Unlikely Criminal Justice Reform: How New York City Reduced Arrests and Slashed Prisoner Populations, by Lonnie Burton
- United Kingdom: 80% of Prisoners Aspire to be Entrepreneurs, Opportunity Fund Helps
- Man Smuggles Poison into Jail, Commits Suicide Following Arrest for Failure to Pay Ambulance Bill
- Fourth Circuit Clarifies Rights of Pretrial Detainees; $35,000 Settlement on Remand, by Christopher Zoukis
- Consensual Use of Another Prisoner’s Telephone PIN is Not Oregon ID Theft
- Seventh Circuit: Medical Deliberate Indifference Case Remanded, Loses at Trial, by Christopher Zoukis
- Dismissal of Personal Injury Claim for Damages from Malfunctioning Jail Gate Upheld
- Private Prison Firms Spend Billions of Taxpayer Dollars Acquiring Other Companies, by Christopher Zoukis
- Ohio Prisoners Build Computers from Spare Parts, Conceal them in Ceiling
- Illinois: Prison Guards Sued for Fatally Beating, Suffocating Prisoner, by Lonnie Burton
- Fourth Circuit Reverses Judgment in Favor of BOP in Deliberate Indifference Case, by Christopher Zoukis
- Tennessee Sheriff Pleads Guilty to Sexual Misconduct, Excessive Force Charges
- Alaska Prisoner Deaths Criticized in Report, Author Becomes New DOC Commissioner
- Report: “Culture of Racism,” Frequent Use of Force at Northern California Prison, by Lonnie Burton
- New York: Police Department Ordered to Produce Police Manual in Parolee Shooting Case, by Christopher Zoukis
- California Court Vacates Prison Infraction Charging Prisoner for Refusing Meals, by Lonnie Burton
- Disability Rights Group Slams Mental Health Program at New York State Prison, by Derek Gilna
- Nevada DOC Moves to End Discrimination against HIV-positive and Disabled Prisoners, by Matthew Clarke
- California Lifers with Possibility of Parole Entitled to SOL Tolling
- Policing for Profit: Law Enforcement Agencies Abuse Civil Asset Forfeiture, by Matthew Clarke
- South Carolina Appellate Court Upholds Prisoner’s Wage Suit, by Derek Gilna
- Widespread Abuses at Santa Clara County Jail; Three Guards Convicted of Murder, by Lonnie Burton
- Illinois Prisoner Fatally Shot after Standoff; Hostages File Lawsuit
- $6,500 Settlement after Ninth Circuit Reverses Summary Judgment in Retaliatory Ad-seg Case, by Lonnie Burton
- Incarceration Numbers Falling, Especially for Blacks, by Christopher Zoukis
- Ninth Circuit Reverses Revocation of Supervised Release Over Blog Post, by Christopher Zoukis
- Ninth Circuit: Warden Who Failed to Protect Female Prisoners from Sexual Assault Not Immune from Suit, by Christopher Zoukis
- Seventh Circuit Reverses Infraction for Failure to Allow Prisoner to Present Evidence, by Lonnie Burton
- California Appellate Court Reinstates Prisoner’s Mandamus Action Against CDCR, by Derek Gilna
- First Circuit Allows City to Include Prisoners in Census Counts, by Derek Gilna
- Eighth Circuit Rejects Qualified Immunity on Inadequate Nutrition Claim
- PLN Obtains $50,000 Settlement in Tennessee Jail Censorship Suit
- Texas Prisoner was Emaciated and Sick when Killed by Cellmate
- Supreme Court Lets Prosecutors Off the Hook for Withholding Evidence, by Derek Gilna
- Arkansas Prisoner’s Illegal Sentence Remanded Despite Filing Wrong Challenge
- Suicide at Texas Jail Results in Firings, Lawsuit, Investigation and Legislation, by Matthew Clarke
- Tenth Circuit Remands Two-year Sentence for Federal Probation Violation, by Christopher Zoukis
- Washington State Mental Health Agency Held in Contempt; $14 Million in Fines Levied, by Derek Gilna
- One of Tennessee’s Most Pristine Rivers Contaminated with Prison Sewage, by Panagioti Tsolkas
- Forced to Endure Extreme Heat, Prisoners are Casualties of Texas’ Climate Denial, Documents Show, by Candice Bernd
- Ohio Closes Prison Farms, Auctions Equipment, Plans to Sell Farmland, by Matthew Clarke
- From the Editor, by Paul Wright
- Breaking News: U.S. Attorney General Reinstates Federal Asset Forfeiture Sharing, with Conditions, by Derek Gilna
- News in Brief
More from Christopher Zoukis:
- The Contraband Wars Prison authorities target books and mail, miss the goods coming through the staff door, July 1, 2021
- Trump v. Biden on Criminal Justice, Oct. 1, 2020
- Coronavirus in Prison: The Cruel Reality, Aug. 1, 2020
- With Lives of Immigrant Detainees at Risk to COVID-19, Federal Judge Forces ICE’s Hand, July 1, 2020
- A Nation on the Brink, June 15, 2020
- Federal Court Slams Michigan Jail for Bungling COVID-19 Pandemic, Demands Names of Vulnerable Prisoners for Release, June 1, 2020
- Silence: The Bureau of Prisons’ Pathetic Response to the COVID-19 Pandemic, June 1, 2020
- New York Judge Orders Release of 18 Rikers Island Detainees Due to COVID-19 Risk, June 1, 2020
- Coronavirus: A Nationwide Survey of the Push for Early Release as Pandemic Fears Grow, May 1, 2020
- California Three-Judge Court Denies Emergency Motion to Reduce Prison Population During Pandemic, May 1, 2020
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).
- $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).
- $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.
- $1.875 Million Partial Settlement for Colorado Detainee’s Death from Untreated Alcohol Withdrawal; Claims Against Wellpath Pending Bankruptcy, Aug. 1, 2025. Systemic Medical Neglect, Drug/Alcohol Withdrawal, Failure to Treat, Medical Neglect/Malpractice.
- 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.