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Article • December 22, 2017
$42,200 Federal Jury Award in Suit Over California Jail Prisoner's Death by Matthew Clarke On August 5, 1999, a California federal jury awarded $52,200 to the family of a prisoner who died while suffering from untreated drug withdrawal in the Santa Barbara County jail. When Drew Allen Walsh, 32, was …
Article • December 21, 2017
Violation of State Regulation Not a Constitutional Violation by David Reutter by David Reutter The Seventh Circuit Court of Appeals upheld a federal district court's summary judgment granted in a 42 U.S.C. § 1983 lawsuit. The suit was brought by the Simpson estate, against Sheriff Mark E. Gorbett and Deputies …
Brief • December 21, 2017
Williams v. Papi, PA, Plt. Reply Brief to Disqualify Counsel, Medical Malpractice, 2017 Case 3:13-cv-01151-RDM Document 114 Filed 12/21/17 Page 1 of 8 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA MELINDA WILLIAMS, as Administrator of the Estate of BRIAN P. WILLIAMS, : : Plaintiff : CIVIL ACTION–LAW V. : …
Article • December 20, 2017
California Prisoner Settles Claim of Cruel and Unusual Punishment by Christopher Zoukis by Christopher Zoukis A California prisoner held at Pelican Bay State Prison has agreed to settle a case in which he alleged that he had been subject to cruel and unusual punishment and deliberate indifference to a serious …
Article • December 19, 2017
$841,000 to Settle Negligent Medical Care Case by Christopher Zoukis by Christopher Zoukis A federal tort claim brought against the federal government, the Bureau of Prisons, and several medical and administrative officials for negligent medical care leading to a prisoner’s brain damage and death settled for $841,000 in May 2015. …
Article • December 19, 2017
Testimony of Expert Witness Excluded by David Reutter by David Reutter A Louisiana federal district court excluded the expert testimony of Dr. David Thomas in a class action brought by Louisiana prisoners who alleged substandard medical care. Joseph Lewis, Jr. sued the Louisiana State Penitentiary (Angola) alleging violations of his …
Anderson v. County of Contra Costa, CA, Settlement, Wrongful Death - Medical Neglect, 2017 ,. f FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT This Full and Final Release and Settlement Agreement ("Agreement") is entered into as of the date it is fully executed by the parties hereto, as defined below, …
Virginia Mentally-Ill Man’s Death by Deterioration in Jail Cell Exhibits Policy Failures by David Reutter by David M. Reutter The death of a mentally-ill Virginia man jailed on a misdemeanor and confined in isolation while awaiting transfer to a psychiatric hospital exhibits the folly of current policies in dealing with …
Article • December 14, 2017
Deference to Prison Officials Jury Instruction Improper in Medical Care Case by The Ninth Circuit Court of Appeals issued an opinion in a prisoner’s civil rights action that made significant holdings in regards to jury instructions. First, it held that when a pro se litigant fails to object to a …
Article • December 14, 2017
Ninth Circuit: Merits Decision Excuses Procedurally Flawed Exhaustion by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit held that a prisoner who fails to comply with prison grievance procedural requirements nevertheless exhausts administrative remedies if prison officials deny the grievances on the merits. …
Nixon v. Forsyth County, et al., N.C., jail neglect, wrongful death settlement, 2017 FORSYTH COUNTY BOARD OF COMMISSIONERS MEETING DATE: SUBJECT: AGENDA ITEM NUMBER: DECEMBER 14, 2017 15 RESOLUTION APPROVING SETTLEMENT OF THE CASE OF DIANE EMMERT NIXON, INDIVIDUALLY AND AS ADMINISTRATOR OF THE ESTATE OF DINO VANN NIXON VS. …
Peters v. Baldwin, IL, Third Amended Complaint, Medical Neglect, 2018 Case: 1:17-cv-04809 Document#: 15 Filed: 12/14/17 Page 1 of 26 Page\D #:163 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION Scott Peters. ) ) Plaintiff, ) ) V. Case No.: 1: l 7-cv-04809 ) ) Benjamin …
Article • December 12, 2017
Filed under: Corizon, Medical
Health Care Crisis Declared at Florida Women’s Reception Center; Voids Contract by David Reutter by David M. Reutter Florida’s Correctional Medical Authority (CMA) declared a health care emergency at the Florida Women’s Reception Center (FWRC).  The crisis at FWRC is just another red flag since Florida officials privatized it in …
Brief • December 12, 2017
Choquette v. DuVall, WA, Report-Recommendation, Medication Revoked, 2017 Case 3:15-cv-05838-BHS-JRC Document 108 Filed 12/12/17 Page 1 of 18 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 ETIENNE L. CHOQUETTE, Plaintiff, 11 12 13 14 CASE NO. 3:15-cv-05838-BHS-JRC REPORT …
Article • December 7, 2017
Filed under: Pain, Death Penalty
Eighth Circuit Refuses to Halt Arkansas Execution of Prisoner Who Claimed Lethal Injection Will Cause Him Extreme Pain by Lonnie Burton by Lonnie Burton In April 2017, the state of Arkansas decided to fast track the execution of eight prisoners before its supply of lethal injection drugs became unavailable. Soon …
Article • December 7, 2017
Filed under: Pain, Obesity, Death Penalty
Eighth Circuit Denies Stay of Execution to Arkansas Prisoner Who Claimed His Obesity Created Risk of Severe Pain by Lonnie Burton by Lonnie Burton On April 24, 2017, the Eighth Circuit U.S. Court of Appeals issued a series of rulings paving the way for the state of Arkansas to continue …
Article • December 7, 2017
Filed under: Failure to Treat
California Prisoner's Claim of Untreated Tooth Pain Survives Summary Judgment by Lonnie Burton by Lonnie Burton On September 16, 2014, United States District Judge William Alsup, sitting in the Northern District of California, issued an order granting in part and denying in part a motion for summary judgment filed by …
Article • December 7, 2017
$61,500 Settlement in Death of a Federal Prisoner by The Federal Bureau of Prisons (BOP) agreed to a $61,500 settlement in a 28 U.S.C. §1331 civil suit filed by a federal prisoner, substituted by his family as plaintiffs after the alleged wrongful death of the prisoner. The initial complaint alleged …
Brief • December 7, 2017
Partridge v. Pelle, CO, Complaint, 2017 Case 1:17-cv-02941 Document 1 Filed 12/07/17 USDC Colorado Page 1 of 43 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. _________ RYAN PARTRIDGE, Plaintiff, v. JOE PELLE, in his official capacity as Boulder County Sheriff; BRUCE HAAS, in …
Cannon v. State of Delaware, DE, Opinion, Criminal Negligence, 2017 IN THE SUPREME COURT OF THE STATE OF DELAWARE TRACY CANNON, Respondent Below, Appellant, v. STATE OF DELAWARE, Petitioner Below, Appellee. § § § § § § § § § § § No. 254, 2017 Court Below: Family Court of …
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