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Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury
Loaded on March 1, 2024
by Matthew Clarke
published in Prison Legal News
March, 2024, page 54
Filed under:
Failure to Treat,
Bedding,
Complaints,
Americans with Disabilities Act,
Sufficiency of Pleadings,
Deliberate Indifference.
Location:
Wisconsin.
Matt Clarke
On August 25, 2023, the U.S. Court of Appeals for the Seventh Circuit reinstated a Wisconsin prisoner’s claim that officials with the state Department of Corrections (DOC) violated Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. ch. 126 § 12101, et seq., by refusing to make ...
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More from this issue:
- Overcrowded and Understaffed, Oklahoma County Jail Remains “Deplorable”, by David Reutter
- From the Editor, by Paul Wright
- Lawsuit Claims Seattle’s King County Jail Shows Little Improvement in Quarter Century Since “Hammer Agreement”
- No Jail Time for Former Arizona Prisons Director After Armed Standoff With Cops
- Pennsylvania County Found Skimming Prisoner-Designated Funds from ViaPath Kickbacks
- With Guard Arrests at Georgia Jail, Sheriff Asks, “What Are We Doing Wrong?”
- Colorado Sheriff Resigns After Deputies Fatally Shoot Motorist
- U.S. Sentencing Commission Greenlights Retroactive Sentence Reductions
- Redemption Songs: The Forgotten History of American Prison Music, by Maurice Chammah
- Nearly $11 Million Settlement Reached in Suit by BOP Prisoners Held Without Heat, Electricity During New York Winter Storm, by Douglas Ankney
- Federal Prisoner in Virginia Convicted on Fresh Kiddie Porn Charges After Drawing His Own
- Massachusetts Becomes the Fifth State to Make Prison Phone Calls Free
- California Slowed, But Not Barred from “Dumping” Sick, Indigent Parolees on Public Hospitals
- Rikers Island Detainees Given Pricey Weight-Loss Surgery but Little Follow-Up Care
- Illinois Eases Restrictions on Prisoners Released Under Supervision
- Moms Released from Massachusetts Prison Decry Dearth of Help
- Eighth Circuit Issues Primer on Informal Due Process Procedures to Missouri Prisoner, by David Reutter
- DOJ Finds ADA Violations in Arizona Prisons, Demands Improvements
- Sick Georgia Prisoners Forced to Choose Between Treatment and Early Release
- Unsealed Settlement Reveals PrimeCare Medical Paid $337,500 After Pennsylvania Prisoner’s Suicide, by David Reutter
- Eighth Circuit Remands ADA Claims—But Not Constitutional Claims—of Paralyzed Arkansas Jail Detainee, by David Reutter
- “Unethical At Best”: Hawaii Budget Director Charged With Financing New Prison is Former CoreCivic Lobbyist
- Alabama Conducts First Nitrogen Hypoxia Execution
- “More jobs than people”: Prisoners Training to Work on Ohio Infrastructure Projects after Release
- HRDC Wins $14 Million Settlement for Exonerated Florida Prisoner
- Escape from Oregon State Hospital Results in Changes to Detainee Transports
- Four Dead in One Month in San Bernardino County Jails, $3,232,500 in Settlements Paid So Far, by Casey Bastian, Douglas Ankney
- Seventh Circuit Revives Prisoner’s Challenge to Seized $10,000, by David Reutter
- Alabama Prisons Facing Third Class-Action Lawsuit
- Muslim Florida Prisoner Awarded Permanent Injunction to Grow Untrimmed Beard, by David Reutter
- South Carolina Sheriff Ordered to Pay $37,500 in Fees and Costs in Jail FOIA Case, by Matthew Clarke
- North Carolina Prison Official Pleads Guilty to COVID-19 Program Fraud
- Guard and Four Summit Food Service Employees Arrested for Smuggling at Troubled Atlanta Jail
- New York Prisoners with Chronic Pain Win Injunction to Receive Denied Medication, by Matthew Clarke
- Ninth Circuit Shuts Down Settlement Agreement in Long-Running California Prisoners’ Gang Affiliation Suit, by David Reutter
- $470,000 Settlement After Texas Jail Nurses Fabricate Vital Signs for Detainee Who Died, by Douglas Ankney
- New Jersey Supreme Court Revives Parolee’s Challenge to Administratively Imposed Treatment Program, by Matthew Clarke
- BOP Pays $40,000 to Prisoner Sexually Assaulted at Florida Lockup by Guard, Who Must Pay Her $1 Million, by David Reutter
- Serial Killer Murdered by Cellmate at Texas Lockup
- California Felony-Murder Reform Shaves 11,000 Years Off 600 Prisoner Sentences, by Douglas Ankney
- Seventh Circuit Says Lack of Expert Testimony Dooms Illinois Prisoner’s Medical Neglect Claim, by Douglas Ankney
- Texas Fights Fetal Rights After Forcing Prison Guard to Stay At Work Until She Delivered Stillborn Baby
- Suit Filed After Mentally Ill Detainee Starves to Death in Miami Jail, by David Reutter
- Senators Grill BOP Chief—Then Say They’ll Toss Her More Money
- Nevada Prisoner Strikes Out in Access-to-Courts Claim, by David Reutter
- New Jersey Private Prison Ban Voided
- New Minnesota Justice Center Aims to be More ‘Humane’
- Eighth Circuit Affirms $800,000 Award After Arkansas Jail Detainee’s Fatal Appendix Rupture, by Matthew Clarke
- Wellpath Held in Contempt in Suit at California Jail
- Minnesota Prison on Lockdown After Protest Over Dirty Water, Lack of Phone Use and Out-of-Cell Time
- California Prison Fined $1.7 Million for Stormwater Discharges, Environmental Violations
- Seventh Circuit Reinstates Wisconsin Prisoner’s ADA Claim for Untreated Knee Injury, by Matthew Clarke
- Eleventh Circuit Revives Claim Against Florida Jail That Forced Detainee to Scan Legal Mail Into Computer with Memory Chip, by David Reutter
- Louisiana Fugitive Recaptured After 32 Years
- Illinois Failing to Grant Dying Prisoners Medical Releases
- Florida Pastor Accused of Running Shoplifting Ring With DUI Diversion Program Participants
- MTC Returns $5.125 Million to Mississippi for “Ghost Workers” at Private Prisons
- $900,000 Settlement Reached With Ohio Jail in Detainee’s Fatal Seizure, by David Reutter
- Tribal Courts Expand ‘Healing to Wellness’ Rehabilitation Programs
- Four TDCJ Guards Resign, Seven Suspended for Beating Handcuffed Prisoner Into Coma
- Michigan Reaches $1.03 Million Settlement with Exonerated Prisoner
- Oklahoma Parole Board Resignations Threaten Prisoner Clemencies
- News in Brief
- After Eight Deaths in Eight Years, Virginia Jail Introduces—Pickleball?
More from Matthew Clarke:
- Multitudes Caged for Failure to Pay Child Support, Driving Mass Incarceration, May 1, 2025
- “Happy Mother’s Day”: $1,353,000 Settlement Approved for Migrant Parents Separated from Minor Kids at Border, March 1, 2025
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
- Sixth Circuit Upholds $6.4 Million Jury Award Against Corizon Nurses For Michigan Jail Prisoner’s Fatal Alcohol Withdrawal, March 1, 2025
- En Banc Fifth Circuit Reverses Panel, Holds Mississippi Felon Disenfranchisement Does Not Violate Eighth Amendment, March 1, 2025
- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
- Legal Gaffe Prolongs Case of Former St. Louis Detainee Held Eight Months After Dismissal of Charges, Feb. 15, 2025
- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025
- New York Prison Officials Found Routinely Violating HALT Act With Overuse of Solitary Confinement, Feb. 15, 2025
More from these topics:
- $10.5 Million in Settlements for San Diego Jail Detainee’s Severe Brain Injury, May 4, 2025. Brain Injury, Failure to Treat, Settlements.
- Wisconsin DOC Agrees to Improve Services for Hearing-Impaired Prisoners, April 1, 2025. Deaf Prisoners, Disabled Prisoners, Service, Americans with Disabilities Act.
- $1.35 Million in Settlements for One-Legged San Francisco Detainee Forced to Hop—Twice, April 1, 2025. Disabled Prisoners, Settlements, Deliberate Indifference.
- Seventh Circuit Reverses Denial of Class Certification in Suit Over Inadequate Dental Care at Chicago Jail, March 1, 2025. Dental Care, Failure to Treat, Class Certification.
- Eighth Circuit Affirms Denial of Qualified Immunity to Arkansas Jailers Who Ignored Detainee’s Spider Bite, March 1, 2025. Failure to Treat, Qualified Immunity, Immunity - Absolute and Qualified.
- Tennessee DOC Found in Violation of ADA With Failure to Accommodate Hearing Impaired Prisoners, Feb. 15, 2025. Deaf Prisoners, Americans with Disabilities Act, Class Actions, Policy Considerations.
- Sixth Circuit Revives Challenge by Kentucky Prisoner Left Three Weeks in “Rancid” Paper Undershorts, Feb. 15, 2025. Informants, Clothing, Sanitation, Summary Judgment, Deliberate Indifference.
- DOJ Settles Complaints About Conditions for Disabled Detroit Jail Detainees, Feb. 15, 2025. Disabled Prisoners, Systemic Medical Neglect, Malpractice, Conditions of Confinement, Americans with Disabilities Act.
- 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.
- No Charges in Alabama Prisoner’s Torture, Rape and Murder, Jan. 15, 2025. Prisoner-Prisoner Assault, Guard Misconduct, Prison/Jail Murders, Deliberate Indifference.