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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:
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, Aug. 1, 2025
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
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).
- Tenth Circuit Ruling Paves Way for $2.7 Million Settlement for Intellectually Disabled Jail Detainee Raped by Sheriff, Aug. 1, 2025. Staff-Prisoner Assault, Jail Misconduct, Americans with Disabilities Act.
- $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).
- Nebraska Considers Curbing Double-Bunking in Restrictive Housing, Aug. 1, 2025. Failure to Protect (General), Overcrowding, Bedding.
- $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.
- Washington Jail Settles DOJ Allegations of ADA Noncompliance in Failure to Treat Opioid Use Disorder, July 15, 2025. Drug/Alcohol Withdrawal, Americans with Disabilities Act, Drug Treatment/Rehab.