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Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment by Oregon Prisoners Confined For Mental Illness Causing Sexual Deviancy Entitled to Adequate Treatment In 1978, Merlin Ohlinger and another man identified only as Haddon (plaintiffs) were Oregon state prisoners. Both had indeterminate life sentences under OKS …
$250,500 Verdict in Illinois Retaliation Claim by In February 1988, James Fergueson was a prisoner at Illinois' Menard Correctional Center when he had an argument with Mary Flannigan, the director of the Menard Psychiatric Center. Fergueson was upset that he had been transferred to Graham Corrections Center and back to …
Class of Disabled Children Certified to Avoid Mootness by Children with psychiatric disabilities challenged the failure to place them timely in a Residential Treatment Facility and sought class certification. The court certifies the class. Numerosity is presumed at a level of 40 members, and it is undisputed that the class …
$150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner by $150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner A jury awarded $150,000 to the estate of a 41 year old Polish prisoner who died in his jail cell of …
Article • May 15, 2007
Non-Profits Denied Right to Intervene in Mental Disability Case by The United States and private plaintiffs sued the state over the treatment of mentally retarded and disabled persons. After relief had been preliminarily approved, an association of nonprofit agencies who provide service to those persons, mostly with government funding, sought …
Article • May 15, 2007
Defendant Drugged for Capital Trial by The court authorizes the involuntary medication of the man who shot up the Capitol Building and killed two police officers. The proposed treatment is medically appropriate because the respondent is a diagnosed paranoid schizophrenic and antipsychotic medication is the only available treatment. The potential …
Article • May 15, 2007
HIV+ Plaintiff Can Be Anonymous in Needle Exchange Police Harassment Suit by Intravenous drug users who used state-authorized needle exchange programs alleged that they were harassed by the police. The plaintiffs had standing to seek injunctive relief. There is no minimum number of past incidents that must be pled to …
Racial Discrimination Claim in IL Civil Commitment Must Be Brought under Habeas by The plaintiffs are present and former civil detainees in the Sexually Violent Persons Units of the prison system who alleged that commitment to that program reflected racial bias against African-American offenders who committed crimes against white victims. …
Article • May 15, 2007
Forcibly Drugged Death Row Prisoner Granted Permanent Stay of Execution by The petitioner, awaiting execution for 22 years, has been medicated for most of that time, and decompensates when he is taken off his medication. The court says that, unlike someone who is medicated and achieves competence and stays that …
ADA Suit by Alcoholic Work Release Residents Dismissed by Residents of a halfway house for alcoholics were disabled for purposes of the disability statutes, since alcoholism is a recognized disability and since the halfway house only admitted persons who inter alia were determined to be unable to abstain without continued …
Alcoholism is a Disability by Alcoholism is an "impairment" under the disability statutes; to be a disability, an impairment must substantially limit one or more major life activities, and the impact must be "permanent or long-term." Major life activities include caring for one's self, performing manual tasks, walking, seeing, hearing, …
Article • May 15, 2007
Okay to Hold Sexually Violent Predator in Jail for Trial by The plaintiff was held after the expiration of his sentence pursuant to the state Sexually Violent Predators Act. He spent some time in a county jail after that point, in connection with hearings on his commitment, and alleges that …
Article • May 15, 2007
Jail Not Liable for Understaffing That Results in Suicide by The decedent committed suicide in jail; he was identified as suicidal on intake. He was placed in the "special needs" cell (formerly the drunk tank), which was supposedly monitored every 15 minutes, where he hanged himself. The court grants summary …
Article • May 15, 2007
No Police or Hospital Liability for Catheterizing Motorist for Drug Test by The plaintiff ran out of gas and was walking down the road, without a coat in January. Sheriff's deputies concluded he was "bonkers" and "totally out of it," so they took him into custody, handcuffing him though they …
Article • May 15, 2007
PHS Avoids Liability in Maine Prison Suicide by The decedent committed suicide in prison. The court refuses to draw an adverse inference against the medical defendants from missing records because almost all of them were from a period later than when they had any dealings with the decedent, and the …
Article • May 15, 2007
No Liability for Medical Neglect Death of Mental Patient by The plaintiff, involuntarily committed to a civil mental hospital, suffered from chronic obstructive pulmonary disease. She was prescribed clozapine, which presented risks for someone in her condition and also caused weight gain, which further aggravated the risk. Her problems were …
Article • May 15, 2007
Court Rejects Attempted Suicide Claim by Indiana Jail Prisoner by The plaintiff was arrested after a one-car accident in a car containing whiskey, a loaded shotgun, and a suicide note, though he denied that running his car into a tree at 85 miles an hour was a suicide attempt, and …
Sex Offender Treatment for Release Claim Rejected by The plaintiff complained that denial of parole because of his refusal to participate in a sex offender program violated the Ex Post Facto Clause. His claim is rejected. His term of incarceration has not yet expired, so he is not being subjected …
Article • May 15, 2007
Michigan County Settles Suicide Suit For $150,000 by In January 1997, Eaton County, Michigan, paid $150,000 to settle with the estate of a woman who committed suicide in the county jail. While imprisoned in the Eaton County Jail in January 1995, Mullins, a wife and the mother of four minor …
Punishment of Mentally Ill Prisoner Upheld by The plaintiff state prisoner, who has schizophrenia with a history of violent behavior and fire starting, was subjected to disciplinary sanctions for his misbehavior. He was not disciplined for refusing his medication, though he was once threatened with discipline. At 625: "Plaintiff had …
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