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Article • May 15, 2000 • from PLN May, 2000
Denial of Medication Precludes Summary Judgment by The U.S. district court for the southern district of Ohio held that a genuine issue of material fact precluded summary judgement against an arrestee who was denied needed AIDS medication during his eight-day jail incarceration. Devin Karl Murphy brought a 42 U.S.C. § …
Transsexual Prisoners Have Privacy Right by The U.S. court of appeals for the Second Circuit held that transsexual and HIV+ prisoners have a privacy right to confidentiality of their prison medical records and physical conditions. However, because this principle was not clearly established law, the defendants were entitled to qualified …
Article • April 15, 2000 • from PLN April, 2000
HIV+ Prisoners Not Qualified For Rehabilitation Act Benefits by James Quigley The U.S. court of appeals for the Eleventh Circuit, sitting en banc, held that because prisoners infected with Human Immunodeficiency Virus (HIV+) pose a "significant risk" of transmission to uninfected prisoners, they are not "otherwise qualified," as required under …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
Trial Required in ADA Suit over HIV Medication by In the July, 1999, issue of PLN we reported McNally v. Prison Health Services, 28 F. Supp.2d 671 (D ME 1999) in which the court denied the defendants' motion to dismiss. The case involves David McNally, an HIV positive arrestee who, …
Article • September 15, 1999 • from PLN September, 1999
PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo by The Tenth Circuit court of appeals has held that prisoner suits dismissed for failure to plead a physical injury, as required by the Prison Litigation Reform Act (PLRA), must be reviewed de novo. Darren Eugene Perkins, an HIV-positive …
PLRA Physical Injury Requirement Constitutional by James Quigley The U.S. Court of Appeals for the D.C. Circuit held that the "Limitation on Recovery" provision (physical injury rule) of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), does not violate a prisoner's rights to equal protection or access to …
PLRA Attorney Fee Cap Applies in $65,000 Beating Case by Afederal district court in Texas has ruled that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, applies to work performed by attorneys appointed after the enactment of the PLRA to represent pro se …
Florida Guards Acquitted in Brutality Case by Alex Friedmann Florida prisoner John Edwards, 28, an HIV+ double-murderer serving a life sentence, was transferred to the Charlotte Corr. Institution (CCI) on Aug. 18, 1997 after biting a Zephyrhills prison guard on the cheek. According to federal prosecutors, once Edwards arrived at …
Denial of HIV Medication Subjects Medical Contractor to Liability by Afederal district court in Maine held that a former pretrial detainee had stated a claim when a jail's medical contractor denied him his HIV medication for three days. David McNally was arrested and booked into the Cumberland County jail in …
Article • June 15, 1999 • from PLN June, 1999
Corcoran Prisoner Left Hanging by During a 3 a.m. bed check, a Corcoran (Calif.) State Prison guard spotted a prisoner dangling from a noose in a darkened corner of his ad-seg cell. But rather than pop open the cell door and determine whether he was dead or alive, prison guards …
Tainted Plasma Traced to Arkansas Prison: Bill Clinton's Blood Trails by St Clair, Jeffrey by Jeffrey St. Clair The year Bill Clinton became governor of Arkansas, the Arkansas state prison board awarded a hefty contract to a Little Rock company called Health Management Associates (HMA). The company got $3 million …
Medical Care Unconstitutional in Puerto Rico Prisons by Medical Care Unconstitutional In Puerto Rico Prisons A federal court in Puerto Rico has held that the lack of medical care in the Puerto Rican prison system is unconstitutional. This is a class action under 42 U.S.C. § 1983 brought by Puerto …
Article • April 15, 1999 • from PLN April, 1999
Failure to Give Summary Judgement Notice is Reversible Error by The court of appeals for the Ninth Circuit, en banc, reaffirmed that pro se prisoner litigants are entitled to fair notice of the requirements of the summary judgment opposition rule. The court also held that the notice requirement may be …
Warden May Be Liable for Rape by The court of appeals for the Eighth circuit held that a district court erred when it granted judgement as a matter of law to a defendant prison warden in a rape case. Kendall Spruce, an Arkansas state prisoner, filed suit claiming his Eighth …
Article • February 15, 1999 • from PLN February, 1999
Book Review: Breaking the Walls of Silence by Laura Whitehorn Book review by Laura Whitehorn Breaking The Walls Of Silence: AIDS and Women in a New Youk State Maximum Security Prison was written by the members of the ACE Program (AIDS Counseling and Education) of Bedford Hills Women's Prison. It …
Article • December 15, 1998 • from PLN December, 1998
Bureau of Prisons Transsexual Policy Challenged by Bureau Of Prisons Transsexual Policy Challenged Afederal district court in the District of Columbia held that trans-sexualism is a "serious medical condition" for which prisoners have a constitutional right to treatment. Dee Farmer is a federal prisoner who sued the Bureau of Prisons …
Article • December 15, 1998 • from PLN December, 1998
Updated AIDS Bibliography Published by The ACLU National Prison Project has announced the publication of its 1998 AIDS in Prison Bibliography. According to the Bureau of Justice Statistics report HIV in Prisons and Jails, 1995 , the overall rate of AIDS cases among prisoners was more than six times the …
Nine Florida Prison Guards Indicted, Fired by Nine Florida state prison guards were indicted July 10, 1998, on federal conspiracy and civil rights violation felony charges in the death of a prisoner who was chained, beaten, and left to bleed to death. A tenth guard, presumably the one who broke …
U.S. Supreme Court Rules That ADA Applies to Prisoners by Paul Wright By Paul Wright On June 15, 1998, a unanimous United States supreme court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, applies to prisoners. In doing so the court resolved a split between the …
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