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Duvall v. Dallas County, TX, Complaint, Failure to Protect; Infection, 2007 Case 3:07-cv-00929-L Document 1 Filed 05/24/07 Page 1 of 10 PageID 1 Case 3:07-cv-00929-L Document 1 Filed 05/24/07 Page 2 of 10 PageID 2 Case 3:07-cv-00929-L Document 1 Filed 05/24/07 Page 3 of 10 PageID 3 Case 3:07-cv-00929-L Document …
Michigan Prisons: Another CMS Failure in Privatized Prisoner Health Care by David Reutter by David M. Reutter Another state prison system that subjected itself to the experiment of privatized medical services has learned the same hard lesson suffered by other states: a trail of inadequate care that leaves prisoners dead …
Article • May 15, 2007
Oregon Court Invalidates Civil Committee's Treatment Plan by A federal court in Oregon held that a state hospital committee's treatment plan which precluded him from sending non-threatening, although outrageous, letters to government officials violated the patient's First Amendment rights. This is the same case as Martyr v. Bachik, 755 F.Supp. …
Article • May 15, 2007
Oregon Court Permanently Enjoins Outgoing Mail Ban by In the same case as Martyr v. Bachik, 755 F.Supp. 325 (D OR 1991); Martyr v. Bachik, 770 F.Supp. 1406 (D OR 1991); and Martyr v. Bachik, 770 F.Supp. 1414 (D OR 1991), a federal court in Oregon held that a patient …
Article • May 15, 2007
Seclusion Order for Civil Detainees Cannot be for Punishment Unless Alternatives Fail by Seclusion Order for Civil Detainees Cannot be for Punishment Unless Alternatives Fail A Wisconsin Federal District Court held that a civilly committed sex offenders' security related seclusion placements did not violate the offenders' substantive due process rights, …
Article • May 15, 2007
Executing Prisoner Who Regained Competency Does Not Violate His Rights by The Eighth Circuit Court of Appeals concluded that a state does not violate the Eighth or Fourteenth Amendments by executing a prisoner who regains competency through forced medication. Charles Singleton was convicted of capital murder and aggravated robbery in …
Article • May 15, 2007
Fifth Amendment Not Violated By New Hampshire Sex Offender Program by The First Circuit Court of Appeals concluded that the New Hampshire DOC's Sex Offender Program (SOP) does not violate the Fifth Amendment right against self-incrimination. Wayne Ainsworth, along with a group of convicted sex offenders, became willing participants in …
Article • May 15, 2007
Due Process Action States Claim by The U.S. Supreme Court held that a plaintiff's federal civil rights action alleging deprivation of procedural due process stemming from his admission to a Florida mental health facility on the strength of consent forms he signed while supposedly disoriented, heavily medicated and psychotic stated …
Article • May 15, 2007
Eleventh Circuit: Florida Jail Officials Immune in Juvenile's Suicide by In this case involving the suicide of a juvenile in the Okaloosa County (Florida) jail, the U.S. Eleventh Circuit Court of Appeals held that the sheriff and a jailer were entitled to qualified immunity. Dustin Molbert, a juvenile who was …
Expert Testimony Fails to Prove Subjective Mental Intent of Psychiatrist by The Eleventh Circuit Court of Appeals held that expert testimony does not establish a psychiatrist's subjective mental intent in a prisoner's 42 U.S.C. § 1983 action alleging an Eighth Amendment claim for deliberate indifference to serious medical needs. This …
Immunity Granted to Sex Offenders in Treatment by The Wisconsin Supreme Court has held that Gary Tate was entitled to immunity for statements made during court-imposed sex offender treatment, and the revocation of his probation for refusing to make admissions to his crime without immunity was improper. Tate, 47, was …
Article • May 15, 2007
Obsessive-Compulsive Disorder Serious Medical Need by The Tenth Circuit Court of Appeals held that a jury may find that obsessive-compulsive disorder is a serious medical need that must be recognized by arresting officers and jail officials. This 42 U.S.C. Section 1983 action asserted claims for excessive force, unlawful arrest, deliberate …
Review Board Required for Minnesota Sex Offender Treatment Facilities by The Supreme Court of Minnesota held that the Commissioner of the Department of Human Services was required to establish review boards for the state's Sex Offender Program (SOP) treatment facilities. Appellants, sex offenders civilly committed to SOP facilities as sexually …
EMSA Not Liable for Ohio Prisoner's Restraint-Related Injury by In this case involving an Ohio prisoner whose fingers required amputation due to allegedly improperly applied restraints, the Ohio Court of Appeals, Tenth Appellate District, affirmed a jury's verdict in favor of EMSA Correctional Care, a for-profit health care provider. Plaintiff …
Article • May 15, 2007
Filed under: Crime, Mental Health
California: Prison Drug Law Applies to State Mental Hospital by On February 17, 2004 a California Court of Appeal held that a state law prohibiting the possession of illicit drugs in institutions where prisoners are held applied to a state mental hospital. Atascadero State Hospital (ASH) is one of four …
Article • May 15, 2007
Indiana Juvenile's Rights Discussed by The Indiana Supreme Court has held that Indiana's Constitution and laws do not require that all juveniles be placed in other than an adult prison, but held the juvenile in this case did state a claim related to her medical treatment. This civil action was …
Article • May 15, 2007
California Supreme Court Interprets Portions of Sexually Violent Predator Act by The California Supreme Court has issued a decision interpreting three portions of that state's Sexually Violent Predator Act (SVPA). First, the court held that a petition seeking to commit or recommit a person under the SVPA cannot be filed …
Claims Against California Youth Authority Valid, Class Certified by The U.S. District Court, E.D. California, held that a California Youth Authority (CYA) prisoner had standing for injunctive relief as to mental health claim; allegations supported Rehabilitation Act (RA) and Americans with Disabilities Act (ADA) claims and access to court claims; …
Article • May 15, 2007
Georgia: Sheriff, Jail Personnel Not Liable in Prisoner's Suicide by In this civil rights action brought by the parents of a county prisoner who committed suicide, the Court of Appeals of Georgia affirmed a superior court's grant of summary judgment in favor of the sheriff and jail officials. After confessing …
South Carolina: Liberty Interest Not Implicated by Denial of Rehabilitation by The Supreme Court of South Carolina held that the denial of a prisoner's grievance requesting immediate enrollment in the second phase of a sex offender treatment program (SOTP) did not create a liberty interest entitling him to have the …
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