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Absent Expert Medical Testimony, Deliberate Indifference Tough to Prove in Medical Cases
by David M. Reutter
The Eighth Circuit Court of Appeals affirmed the grant of summary judgment for the defendants in a civil rights lawsuit alleging they were deliberately indifferent to a prisoner’s serious medical needs. This case highlights the need for expert medical testimony to win in such cases.
The ...
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More from this issue:
- PREA: Tackling the Nightmare of Prison Rape, by David Reutter
- From the Editor, by Paul Wright
- Nebraska Supreme Court Holds Discretionary Function Exception Bars Lawsuit Over Prison’s Botched Response to Uprising
- Arizona Federal Court Rescinds Approval of Jensen Settlement; Sets Class Action Medical and Control Unit Case Against Arizona DOC for Trial, by Matthew Clarke
- $50,000 Settlement for Denial of Medical Care at Tribal Jail in Montana
- Protective Order Issued in Florida Solitary Confinement Lawsuit, by David Reutter
- Georgia Enacts Massive Probation Reform Bill, by David Reutter
- Prison Staff Are Refusing Vaccines. Incarcerated People Are Paying the Price., by Joshua Manson, Erika Tyagi
- The States that Lead the Nation in COVID-19 Cases Are Hiding Their Prison Data, by Neal Marquez, Erika Tyagi, Sharon Dolovich
- Court Grants Class Certification for Illinois Prisoners in Restrictive Housing Lawsuit, by Keith Sanders
- Eighth Circuit Reverses Dismissal of HRDC Postcard-Only Suit Against Arkansas Jail, by David Reutter
- South Carolina Attorney General Issues Opinion That Information in State Prisoners’ Death Certificates Is Public Information, by Matthew Clarke
- HRDC Case Sues JPay Over Fee-Heavy “Release Card” Debit Cards
- Eleventh Circuit Holds No Qualified Immunity on Deliberate Indifference in Heat Exhaustion Case, by David Reutter
- Colorado Jail Blows Through $16 Million in COVID Relief Money, Has Outbreak Anyway, Settles ACLU Conditions Suit, by David Reutter
- Tennessee Department of Corrections Rebids $123 Million Health Care Contract After Corizon Accuses It and Centurion of Bid Rigging, by Matthew Clarke
- Death, Neglect and Despair in U.S. Tribal Jails, by Daniel A. Rosen
- Study Analyzes Deaths of Parole-Approved Texas Prisoners Awaiting Release, by Matthew Clarke
- File a CFPB Complaint for Unfair Money Transfer Fees
- Hunger Strike, Ceiling Collapse, Lawsuit Spotlight Deteriorating Conditions at Women’s Prison in Illinois, by Panagioti Tsolkas, Brian Dolinar
- Sacramento Sheriff Used Prisoner Welfare Fund for Trips, Salaries and Equipment, by Matthew Clarke
- Fourth Circuit Rules Prisoner Sex Offender has No Right to In-Person Visitation with His Minor Children, by Douglas Ankney
- Virginia Department of Corrections Confirms Visitation Not Primary Means of Contraband Introduction, by Kevin Bliss
- Seven Former GEO Employees Plead Guilty in Federal Texas Private Jail Bribery Scheme
- Indiana DOC Settles Class-Action Lawsuit Over Ban on Incoming Mail Except That in White Envelopes Using White, Lined Paper
- Supreme Court Reverses Qualified Immunity Dismissal of Texas Prisoner’s Excessive Force Claim, by Douglas Ankney
- Local Pennsylvania Voters Ban Solitary Confinement and No-Knock Warrants, by David Reutter
- Absent Expert Medical Testimony, Deliberate Indifference Tough to Prove in Medical Cases, by David Reutter
- Erie County Sheriff Settles AG Lawsuit for Violating New York Reporting Directives, by Kevin Bliss
- California Slashes High Call Rates in Prisons and Jails, by Chuck Sharman
- Mailbox Rule Inapplicable to Prisoners Represented by Counsel
- Federal New York City Jail Made Infamous by Jeffrey Epstein Death Closed Due to Persistent Problems and Incompetence
- New Connecticut Law Eliminates Prison Gerrymandering
- $56 Million Settlement in CoreCivic Securities Violation Lawsuit, by David Reutter
- Judge Orders COVID Emergency Release Procedures at Lompoc Federal Prison, by Jayson Hawkins
- Eleventh Circuit Grants Prisoner with Hep C Exception to PLRA Three Strikes Rule
- Washington DC Jail’s Suicide Proof “Safe Cell” Use Not Safe for Prisoners, by Kevin Bliss
- Iowa County Wants to Use COVID-19 Relief Money to Build New Jail, by Keith Sanders
- $1 Million Settlement in Georgia Prisoner’s Preventable Suicide Attempt and Death, by David Reutter
- Immigration Detention Contracts Cancelled in Georgia and Massachusetts, by Daniel A. Rosen
- $500,000 Settlement for California Jail Rape, Deputy Fired and Sentenced
- Pay-to-Play Lives in FEC Decision Not to Enforce Ban on Political Contributions by Boca Prison Contractor The GEO Group, by Dan Christensen
- News in Brief
More from David Reutter:
- Texas Court of Criminal Appeals Announces Order of Deferred Disposition Not a ‘Sentence’ Under Article 44.01(b)—Which Authorizes State to Appeal Illegal Sentence—Resolving Split Among State Courts of Appeals, April 15, 2025
- Fifth Circuit: Sentence Enhancement for Maintaining Drug Premises Not Satisfied Solely by Defendant’s Single, Conclusory Statement That He ‘Maintained’ Premises When Record Shows Mere ‘Use’ of Premises, April 15, 2025
- Illinois Pretrial Incarceration Becomes Less Random A Year After Elimination of Cash Bail, April 1, 2025
- Philadelphia Agrees to $9.1 Million Settlement for Wrongful Murder Conviction, Feb. 15, 2025
- ‘Fictional Pleas’ and ‘Hidden Departures’: Failure to Collect Data on Binding Federal Plea Bargains Hinders Researchers, Feb. 15, 2025
- First Circuit: Two-Level Enhancement Under § 3B1.1(c) for Leadership or Managerial Role Vacated Because Government Failed to Prove Defendant’s Order Was Actually ‘Obeyed’ by Fellow Criminal Participant, Feb. 15, 2025
- Texas Court of Criminal Appeals Holds Witness Wearing Surgical Mask During Pandemic Is Denial of Sixth Amendment Right to Face-to-Face Confrontation and No General Exception to This Right for Pandemic or ‘Other Global Events’ Such as Wars and Natural, Feb. 15, 2025
- The Murky Waters of Parole, Feb. 1, 2025
- California Prisoner Awarded Over $1.26 Million in Suit Challenging Withheld Legal Mail Which Resulted in Habeas Loss, Jan. 15, 2025
- Muslim New York Prisoner’s Free Exercise of Religion Claim Reinstated, Jan. 15, 2025
More from these topics:
- Medical Copays Blamed for Reducing Prisoner Access to Healthcare, May 1, 2025. Medical Misconduct, Medical Expenses, Ability to Pay.
- Fifth Circuit Denies Qualified Immunity to Louisiana Officials Who Forced Prisoner to Work with Broken Surgical Screws in Ankle, May 1, 2025. Prison Labor, Qualified Immunity, Immunity - Absolute and Qualified, Deliberate Indifference, Fair Labor Standards Act (FLSA).
- Kentucky Jail Sued for Detainee’s Death, Prisoner’s Stillborn Child, May 1, 2025. Guard Brutality/Beatings, Medical Neglect/Malpractice, Children of Prisoners, Deliberate Indifference.
- Florida Prisoner Released to Die Settles With Centurion Over Ignored Prostate Cancer, May 1, 2025. Centurion, Cancer, Settlements, Medical Neglect/Malpractice, Deliberate Indifference.
- $1.35 Million in Settlements for One-Legged San Francisco Detainee Forced to Hop—Twice, April 1, 2025. Disabled Prisoners, Settlements, Deliberate Indifference.
- $250,000 Settlement But No Charges After Alabama Guards Beat Prisoner To Death, April 1, 2025. Guard Brutality/Beatings, Settlements, Excessive Force (Wrongful Death), Control Units/SHU/Solitary Confinement, Deliberate Indifference.
- Southern Health Partners Settles Suit Over Kentucky Jail Meth Death, April 1, 2025. Drug/Alcohol Withdrawal, Settlements, Methamphetamine, Drug Laws/Offenses, Deliberate Indifference.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- Fifth Circuit Revives Texas Prisoner’s Sleep Deprivation Claim—Again, Feb. 15, 2025. Medical Misconduct, Systemic Medical Neglect, Lighting, Noise, Sleeping on Floor.
- New York Governor Orders Firing of 13 Guards, Nurse in Prisoner’s Fatal Beating, Feb. 15, 2025. Guard Misconduct, Medical Misconduct, Excessive Force (Wrongful Death), Deliberate Indifference.