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Seventh Circuit Says Lack of Expert Testimony Dooms Illinois Prisoner’s Medical Neglect Claim
Loaded on March 1, 2024
by Douglas Ankney
published in Prison Legal News
March, 2024, page 43
Filed under:
Wexford Health Services,
Failure to Treat,
Expert Witnesses,
Deliberate Indifference.
Location:
Illinois.
by Douglas Ankney
The U.S. Court of Appeals for the Seventh Circuit offered an Illinois state prisoner a hard lesson on July 27, 2023, affirming dismissal of his medical neglect claim against prison contractor Wexford Health Sources, Inc., for lack of evidence that expert testimony could have provided.
…
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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
- Colorado Sheriff Resigns After Deputies Fatally Shoot Motorist
- With Guard Arrests at Georgia Jail, Sheriff Asks, “What Are We Doing Wrong?”
- 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
- Massachusetts Becomes the Fifth State to Make Prison Phone Calls Free
- Federal Prisoner in Virginia Convicted on Fresh Kiddie Porn Charges After Drawing His Own
- 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
- Escape from Oregon State Hospital Results in Changes to Detainee Transports
- HRDC Wins $14 Million Settlement for Exonerated Florida Prisoner
- Four Dead in One Month in San Bernardino County Jails, $3,232,500 in Settlements Paid So Far, by Douglas Ankney, Casey Bastian
- 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
- North Carolina Prison Official Pleads Guilty to COVID-19 Program Fraud
- South Carolina Sheriff Ordered to Pay $37,500 in Fees and Costs in Jail FOIA Case, by Matthew Clarke
- 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
- Eighth Circuit Affirms $800,000 Award After Arkansas Jail Detainee’s Fatal Appendix Rupture, by Matthew Clarke
- New Minnesota Justice Center Aims to be More ‘Humane’
- 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
- MTC Returns $5.125 Million to Mississippi for “Ghost Workers” at Private Prisons
- Florida Pastor Accused of Running Shoplifting Ring With DUI Diversion Program Participants
- $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
- After Eight Deaths in Eight Years, Virginia Jail Introduces—Pickleball?
- News in Brief
More from Douglas Ankney:
- Pregnant Women Detained in Jail: The Hideous Story of In-Custody Births, May 1, 2026
- Idaho DOC Director Denies Verified Report of Rampant Sexual Abuse of Women Prisoners by Staff, May 1, 2026
- Illinois Jail Reprimanded for Denying Detainees Mail Based on Media Content, P.O. Box Return Address, Settles Detainees’ Suit with $111,825 Payment of Legal Fees, May 1, 2026
- Oklahoma Supreme Court: Jail Trust Cannot Withhold Requested Records under Law Enforcement Exemption of ORA, May 1, 2026
- Tenth Circuit Holds Prior California Child Pornography Conviction Does Not Trigger Federal Mandatory Minimum Because State Statute Encompasses Conduct Beyond Federal Definition Under Categorical Approach, April 1, 2026
- Kentucky Supreme Court Clarifies Parole Board May Delegate Final Revocation Hearings to Administrative Law Judges but Holds Due Process Requires Parolees Be Permitted to File Exceptions to ALJ Findings Before Board Renders a Final Revocation Decision, April 1, 2026
- New York Court of Appeals Holds Generic Physical Description Insufficient to Justify Pursuit in Mistaken Identity Case, and Suspect’s Flight Cannot Support Reasonable Suspicion Absent Evidence He Knew He Was Fleeing Law Enforcement, April 1, 2026
- Montana Supreme Court Holds Defendant’s Sentence Must Be Vacated Where District Court Premised Sentence on Defendant’s Exercise of Constitutional Rights to Jury Trial, Silence, and Against Self-Incrimination, April 1, 2026
- Fifth Circuit Holds Texas Sexual Assault of a Child Statute Sweeps More Broadly Than Federal SORNA Tier Offenses, March 1, 2026
- Delaware Supreme Court Announces Four-Part Plain Error Framework, Aligning Prejudice Standard With Federal Approach Requiring Reasonable Probability of Different Outcome, March 1, 2026
More from these topics:
- Hospital Keeps Sending Detainees Back Without Care to County Jail in Colorado, May 1, 2026. Jail Misconduct, Private Contractors, Failure to Treat, Medical Neglect/Malpractice, Deliberate Indifference.
- Fourth Circuit Revives North Carolina Prisoner’s Suit Blaming Lazy Guards for Assault by Detainee, May 1, 2026. Failure to Protect (General), Qualified Immunity, 42 U.S. Code § 1983, civil action for deprivation of rights, Cruel and Unusual Punishment, Deliberate Indifference.
- Pregnant Women Detained in Jail: The Hideous Story of In-Custody Births, May 1, 2026. Systemic Medical Neglect, OB/GYN, Failure to Treat, Jail Specific, Medical Neglect/Malpractice.
- $9.8 Million in Settlements Reached with South Carolina County and Wellpath in Gruesome Jail Death, May 1, 2026. Failure to Treat, Sanitation, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- $2.135 Million Partial Settlement Reached in Schizophrenic Detainee’s Death from “Gross Medical Neglect” at South Carolina Jail, May 1, 2026. Prison Health Services, Failure to Treat, Medical Neglect/Malpractice, Failure to Treat (Mental Illness), Deliberate Indifference.
- Texas Officials Testify That Cost to Air Condition Prisons Tops $1.5 Billion, May 1, 2026. Eighth Amendment, Exposure to Heat, Administrative Exhaustion (PLRA), Deliberate Indifference, Prison Litigation Reform Act (PLRA).
- Taser Use Doubled After Grand Jury Report on Pennsylvania Prisoner’s Death, May 1, 2026. Failure to Treat, Stun Guns/Tasers, Excessive Force (Wrongful Death), Failure to Treat (Mental Illness), Staff Training.
- Federal Jury Awards $307.6 Million to Former Michigan Prisoner After Corizon Refused Surgery, Forcing Him to Wear Colostomy Bag for Two Years, May 1, 2026. Corizon, Systemic Medical Neglect, Cruel and Unusual Punishment, Damages - Compensatory, Deliberate Indifference.
- Judge Denies New York Prison Chief’s Motion to be Dismissed from Case Related to Robert Brooks’ Murder, May 1, 2026. Work Strikes, Guard Brutality/Beatings, Failure to Train/Supervise, Police--Excessive Force, Deliberate Indifference.
- Houston Jail Renews $38 Million Contract to Outsource Detainees to Private Lockups, April 1, 2026. Corrections Corporation of America/CoreCivic, Failure to Treat, Overcrowding, Staffing, Medical Neglect/Malpractice.

