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Article • July 15, 1995 • from PLN July, 1995
Private Physician Subject to Section 1983 Liability by Private physicians who show deliberate indifference to prisoners serious medical needs may be sued under 42 U.S.C. § 1983 even though they are not prison employees. With the increased trend of prison systems contracting out prisoner medical care this fourth circuit decision …
Breach of Contract Claim OK Against Medical Contractor by On December 22, 1992, Eddie Cherry began serving a 30 day sentence in the Polk county jail, Florida, for drunk driving. At the time of his incarceration he told jail staff that he drank approximately a case of beer a day. …
Intake Center Prisoners Have Right of Access to Courts by After conviction and sentencing, Oregon prisoners are taken to the Oregon Corrections Intake Center (OCIC) which conducts an initial assessment and classifies the prisoner to the prison he/she will ultimately be sent. The average stay is between four to twelve …
Phone Company State Actor for Section 1983 by Milton Griffin-El is a Missouri state prisoner. He filed suit against MCI Telecommunications Corporation and state prison officials over the phone company's practice of announcing to persons called by prisoners that the calls originated from a prison. The court upheld MCI's practice …
Article • April 15, 1994 • from PLN April, 1994
Detainees Have Right to be Vermin Free by Two federal pretrial detainees housed under contract in the Allegheny County Jail (ACJ) in Pennsylvania sued jail officials for a wide variety of ailments affecting jail prisoners. Among the issues they filed suit on were: inadequate ventilation, extreme temperatures, excessive noise, use …
Damages Awarded to Paraplegic Prisoner by Robert Hicks was a pretrial detainee in the Jefferson County jail in Kentucky. He attempted to escape by climbing out of a window, his rope broke and he was severely injured in the resulting fall. After a stay in the local hospital he was …
US Marshals Liable for Beating by Fred Sandoval is a federal prisoner. While being transported to a court hearing the Marshals Service placed him in a private jail run by the Wackenhut corporation, contracted to the US government. A Wackenhut guard antagonized another prisoner who, thinking Sandoval was the culprit, …
Article • March 15, 1992 • from PLN March, 1992
Prisoner Must Be Informed of HIV Status by Prisoner Must Be Informed Of HIV Status Tyrone McIlwain was a Virginia prisoner who overdosed on heroin and was taken to the Prince William hospital emergency room for treatment. Without his knowledge or consent, blood tests were performed which revealed he was …
Court Supports Supervisory Liability Claim by James Johnson, a prisoner at the Cummins Unit of the Arkansas Department of Corrections, appealed from the district court's dismissal of his §1983 complaint. The complaint alleged that Johnson suffered an inguinal hernia, which was diagnosed in January 1984. The prison doctor recommended surgery …
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