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Article • January 15, 2009
Pennsylvania Prisoners Remain On Death Row After Death Sentences Vacated by Bob Williams By: Bob Williams Pennsylvania State death row prisoners appealed the dismissal of their 2005 § 1983 and mandamus complaint regarding restrictive confinement and the medical conditions it caused. Their death sentences were either vacated or overturned but …
Brief • January 1, 2009
Rosen v. New York, NY, Pltff Motion, Opp to MSJ, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------X JESSE ROSEN, Plaintiff, -againstTHE CITY O FNBEW YORK, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, PRISON HEALTH SERVICES, INC., MARTIN F. HORN, Commisioner of the New York City of …
Failure to Treat Immigrant Detainee’s Fatal Penile Cancer Ruled “Beyond Cruel” by John Dannenberg Failure to Treat Immigrant Detainee’s Fatal Penile Cancer Ruled “Beyond Cruel” by John E. Dannenberg A U.S. District Court (C.D. Cal.) has ruled that the repeated failure of U.S. immigration authorities over an eleven-month period to …
Article • July 15, 2008
Maryland State Damages Cap Trumps Federal Awards For 11 Year Old Paraplegic by Davita Carter, an 11 year old resident of Illinois and a Marine veteran's daughter, appealed the damages reduction awarded her in 2000 after surgery left her a paraplegic. The federal court's award was dictated by Maryland State …
Ongoing Incompetence by Disciplined Doctor Doesn't Establish Indifference by The plaintiff fell and broke his hip. A nurse concluded that he was merely bruised and didn't need to see a doctor. Three days later he saw a doctor at regular sick call who gave him an ace bandage for his …
Article • January 15, 2008
Nebraska Tort Law Notice Inapplicable to Medical Contractor by In partially reversing a Nebraska federal district court's grant of summary judgment, the Eighth Circuit Court of Appeals has held the Nebraska State Tort Claims Act (NSTCA) does not apply to contracted medical service providers. That ruling came in the appeal …
Article • December 15, 2007
Severed Spinal Nerve from Botched Surgery Nets NY Prisoner $118,000 by A New York prisoner who suffered a severed spinal accessory nerve during a medical procedure was awarded $118,000. Mr. Soltis was a New York prisoner in his mid-40s when he underwent an excisional lymph node biopsy. During the surgery, …
Brief • November 2, 2007
Sauve v. Lamberti, FL, Complaint, denial of HIV medication jail, 2008 Case 0:07-cv-61575-WPD Document 1 Entered on FLSD Docket 11/02/2007 Page 1 of 15 Case 0:07-cv-61575-WPD Document 1 Entered on FLSD Docket 11/02/2007 Page 2 of 15 Case 0:07-cv-61575-WPD Document 1 Entered on FLSD Docket 11/02/2007 Page 3 of 15 …
United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries by United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries In two separate cases, federal prisoners filed claims for …
Article • May 15, 2007
Filed under: Medical, Medication, Malpractice
Jail Prisoner's Dismissed Medical Claim Vacated and Remanded by The U.S. Seventh Circuit Court of Appeals vacated a district court's dismissal of a former jail prisoner's claim against a county jail in Minnesota. David Elijah Bowers, Sr., a prisoner at Waupon Correctional Institution, was a prisoner at the Milwaukee County …
Article • May 15, 2007
ADOC Director's Educational Background Ordered Disclosed in Medical Suit by by Bob Williams The United States District Court for the District of Arizona has ordered the ADOC's former director to disclose his educational background and also ordered disclosure of medical protocols, policies, and directives as well as specific guard information. …
Alaska Supreme Court Reverses SJ, Orders Continuance to Prisoner by The Alaska Supreme Court reversed a grant of summary judgment to prison medical staff and instituted the lower court to grant plaintiffs' requested continuance. Federal prisoner Donald Hymes and his wife Rita sued two Alaska Department of Corrections (ADOC) medical …
Article • May 15, 2007
Denial of Colostomy Surgery Due to Cost is a Serious Medical Need by The plaintiff was supposed to have a colostomy closed; the surgery was delayed from October 1994 until January (after the plaintiff's release) with the treating doctor's concurrence. The plaintiff began having bleeding and pain at the site. …
Article • May 15, 2007
Pre-operative Transsexual "Deliberate Indifference" Claims Set for Trial by Pre-operative Transsexual "Deliberate Indifference" Claims Set for Trial A Federal District Court in Pennsylvania has partially denied summary judgment in a case in which a transsexual Pennsylvania prisoner claimed that prison doctors and administrators ignored serious medical needs related to gender …
Expert Testimony Required in Medical Claims by A Pennsylvania prisoner survived a motion for summary judgment by prison health care providers after a U.S. District Court ruled that expert testimony was not required to establish the severity of his medical need nor the defendants' indifference to it. William McCabe, complaining …
Mississippi Prison and Jail Officials Immune From Medical Neglect Suits by The Mississippi Supreme Court held that prison medical personnel are immune from any suit brought by a prisoner alleging negligence or wrongful death. This suit was brought by the estate of a Mississippi prisoner who died of meningitis. The …
Article • May 15, 2007
Federal Jury Awards $225,000 to Georgia Prisoner Denied Glaucoma Medication by In this case published in April 1991, a federal jury awarded $225,000 to a man who was denied prescribed glaucoma medicine while in the Fulton County (Georgia) Jail. Plaintiff Smith (first name unknown), was arrested for trafficking cocaine and …
Prison Doctor's Lack of Knowledge Does Not Constitute Deliberate Indifference by The Ninth Circuit U.S. Court of Appeals held that a Hawaii prison doctor's medical malpractice resulting in the death of a prisoner, while demonstrating negligence, did not rise to the level of "deliberate indifference" to establish Eighth Amendment cruel …
Article • May 15, 2007
Limits On Medical Malpractice Damages Violates Texas Constitution by The Texas Supreme Court held that statutory limits placed on medical malpractice damages violated the Texas Constitution. Infant Christopher Lucas had a penicillin product injected directly into an artery; a blockage formed causing the blood-starvation of nerve cells. Christopher was permanently …
Article • May 15, 2007
Partial Amputation Defeats Summary Judgment by A Georgia federal district court has denied summary judgment to a doctor who treated a pre-trial detainee, holding the disputed facts merit resolution by a jury. Kenneth J. Seals asserted a state law claim of medical malpractice and Eighth Amendment violations for cruel and …
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