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Article • May 15, 2007
Dismissal of Jail Overcrowding Suit Affirmed on Appeal by Affirming the U.S. District Court of Oklahoma's decision, the Tenth Circuit Court of Appeals held that a prisoner's complaint that jail overcrowding caused his injuries was properly dismissed. Lavoy L. Stevenson was a prisoner at the Oklahoma County Detention Center (OCDC). …
Delay in Treating Broken Foot States Cause and Shows Deliberate Indifference by The Eleventh Circuit Court of Appeals held that the delay of a few hours in treating a prisoner's broken foot states a constitutional claim. This action was filed by a prisoner of the Hamilton County Jail. The prisoner …
Article • May 15, 2007
Marshalls Liable for Delay in Treating Detainee's Broken Arm by The Fourth Circuit Court of Appeals held that delay in treatment for a broken arm is actionable. This action was filed by a federal prisoner awaiting trial on federal bank robbery charges and held in the Alexandria, Virginia local jail …
Article • May 15, 2007
Dismissal with Prejudice Vacated; Plaintiff Ordered to Replead by The Second U.S. Circuit Court of Appeals vacated dismissal with prejudice of a New York State prisoner's medical claims and instructed the district court to dismiss without prejudice to the filing of a second amended complaint. Fernando Pratts, a New York …
Tenth Circuit Upholds Dismissal Of Utah Prisoner's Conditions Claim by On June 3, 2004, the U.S. Tenth Circuit Court of Appeals held that unsafe conditions in a prison shower area that resulted in a Utah prisoner's slip and fall did not rise to the level of a constitutional violation. State …
Article • May 15, 2007
New York Prisoner Assaulted By Guards Awarded $300 by On December 31, 2003, a court of claims in Albany, New York, awarded $300 to a state prisoner who claimed his knee was injured when a guard at the Franklin Correctional Center (FCC) assaulted him during a pat-search. While imprisoned in …
Article • May 15, 2007
Missouri Prisoner's Allegation that Prison Doctor Ignored His Constant Complaints of Pain May State 8th Amendment Claim by Missouri Prisoner's Allegation that Prison Doctor Ignored His Constant Complaints of Pain May State 8th Amendment Claim In February of 2002, Robert Taylor, a Missouri state prisoner, injured his knee. A Correctional …
Tenth Circuit Affirms Total Exhaustion Rule by New Mexico State prisoner Michael Rene Ross claimed Eighth Amendment violation for dangerous conditions of confinement and deliberate indifference to medical needs. His § 1983 suit was dismissed based on the total exhaustion rule. While housed at the McKinley County Detention Center (MCDC) …
Article • May 15, 2007
New York Prisoner Awarded $60,000 For Fall, Back Injury by In December 1997, a court of claims in Albany, New York, awarded $60,000 to a state prisoner who injured his back when be slipped on icy stairs and fell as he was exiting the prison chow hall. As a result …
Article • May 15, 2007
Claims May Be Found Within Content Of Complaint by A Virginia State Prisoner, Jerome Howard appealed the district court's dismissal of his claim of deliberate indifference to a medical need for failure to state a claim. Howard was housed on the second tier even with his clubbed foot. Howard fell …
Article • May 15, 2007
New York Prisoner Awarded $70,423 for Fractured Femur in Football Fall by In August 1997, a court of claims in Albany, New York, awarded $70,423 to a state prisoner who fractured his right femur on the prison's recreation yard. The injury occurred in September 1992 when the prisoner tripped over …
Article • May 15, 2007
TN Prisoner States Medical Malpractice Claim Re: Failure to Provide Remedial Surgery by Sheila Proffitt, a Tennessee state prisoner, had a cast put on her broken leg by Prison Health Services, Inc. (defendants). The cast was secured by two bolts, which orthopedic physicians later said should be removed to promote …
Article • May 15, 2007
Sheriff Not Liable for Slip and Fall in Showers by The plaintiff didn't exhaust because, he says, he was unaware of the requirement. His claim is dismissed with prejudice, since he is no longer in the jail and remedies are unavailable. The plaintiff failed to allege that the Sheriff was …
Ninth Circuit: Failure to Timely Set Fractured Thumb is Actionable by John Dannenberg by John E. Dannenberg A California prisoner who severely fractured his right thumb when falling from an upper bunk stated sufficient facts to assert an Eighth Amendment claim for deliberate indifference to his serious medical needs, as …
Myers v. CCA, VT, Settlement, Denying Treatment Medical Neglect, 2006 Nov. 10 2006 06:03PM P1 FAX NO. : FROM : JOHN J. , LTD. 8 E. Center wW Rutland, Vermont 05701 Tel. #: (802) 773-3384 Facsimile #: (802) 747-1451 IMPORTANT NOTICE -FAX COVER SHEET- NOTE: This .; Fa. contains privileged …
Article • May 15, 2006 • from PLN May, 2006
New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care by New York Prisoner Awarded $2,760 for Improper Confinement/Denial Medical Care The New York Court of Claims in Rochester has awarded prisoner Patrick Vaughn $2,760 on his claim that he was unlawfully confined and that his medical condition was not …
Myers v. CCA, VT, Complaint, Denying Treatment Medical Neglect, 2006 STATEMENT OF CLAIM 1). While incarcerated at West Tennessee Detention Mason Tennessee 38049 I was serving my prison sentence for the state of Vermont under a interstate contract agreement between the State of Vermont and CCA. CCA for the purpose …
Article • February 15, 2006 • from PLN February, 2006
BOP's Failure to Provide Adequate Medical Treatment Nets Downward Departure Sentence by A Massachusetts federal district court has departed from the Federal Sentencing Guidelines because of the defendant's illness and the Bureau of Prisons' (BOP) failure to meet its burden that it could provide the most effective" medical treatment. Robert …
Article • December 15, 2005 • from PLN December, 2005
PLRA Exhaustion Requirement Has by PLRA Exhaustion Requirement Has Procedural Default Component The Third Circuit Court of Appeals held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) includes a procedural default component. The court also held that the determination whether a prisoner has properly' exhausted a …
Article • September 15, 2005 • from PLN September, 2005
New York Prisoner Awarded $5,250 for Prison Welding Shop Injury by On July 27, 2004, the Court of Claims in Rochester, New York, awarded Noel Atkinson, a New York state prisoner, $5,250 for past pain and suffering due to an injury he received while working in a welding shop at …
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