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Marin County Agrees to Pay $300,000 to Prisoner Severely Injured After Being Denied Psych Meds by On September 13, 2006, the County of Marin, California agreed to settle a lawsuit brought by a former Marin County prisoner who severely injured himself after being denied psychiatric medications. Jacob Neitzel had a …
Article • July 15, 2009
Protective Order Entered in Hepatitis C Cases by U.S. Magistrate Judge Joel B. Rosen has entered a protective order in a group of lawsuits challenging the New Jersey Department of Corrections’ (NJDOC) policies regarding the screening and treatment of Hepatitis C. The protective order was entered with the consent of …
Protective Order Entered to Protect Against Disclosure of Information Regarding Immigration Detainees by U.S. Magistrate Judge P. Michael Mahoney has entered a protective order in a case over the adequacy of medical care provided to a now deceased Immigration and Customs Enforcement (ICE) detainee. Judge Mahoney’s protective order came after …
Court Allows Deliberate Indifference Claim for Denial of Medication to Proceed by U.S. Magistrate Judge B. Janice Ellington has allowed a 42 U.S.C. § 1983 action to move beyond screening. The action, brought by a former Nueces County Jail prisoner, alleges that jail officials were deliberately indifferent in providing the …
Article • July 15, 2009
New York Prison Officials Liable for Wheelchair Accident by A New York Court of Claims held that prison officials are 100% liable for injuries suffered by a prisoner who fell from his wheelchair on a sloped ramp. Prisoner Darrin Carathers, who is wheelchair-bound, was being transported to St. Agnes Hospital …
Article • July 15, 2009
Filed under: Money/Property, Restitution
N.Y. Court Need Not Pronounce Mandatory Surcharge and Fees at Sentencing by The New York Court of Appeals has held that the mandatory surcharge and crime victim assistance fee mandated by Penal Law § 60.35(1) are not part of a sentence. Therefore, a judge need not pronounce them in a …
Article • July 15, 2009
Custody Vs. Treatment Debate: Addicted to Punishment by David C Fathi By David Fathi U.S. program director, Human Rights Watch American and Canadian societies are similar in many ways – people eat the same foods, watch the same movies, listen to the same music, and make many visits across the …
Paraplegic Louisiana Prisoner Requires Transportation in Vehicle with Wheelchair Lift and Restraints Under ADA by To settle a prisoner’s federal civil complaint filed under the Americans with Disabilities Act and the Rehabilitation Act of 1973, the Louisiana Department of Public Safety and Corrections (LDOC) has entered into a consent judgment. …
Article • July 15, 2009
Pennsylvania Prisoner Properly Exhausted Claims in Medical Diet Case by On November 4, 2008, a Pennsylvania district court denied summary judgment in the case of Pennsylvania prisoner, Richard Young. Young, represented by Meghan E. Jones-Rolla of Meyer, Darragh, Buckler, Bebenek, and Eck in Pittsburgh, filed a Section 1983 claim alleging …
Article • July 15, 2009
Prison Officials Entitled to Make Medical Decisions for Delusional Prisoner by California’s Fifth Appellate District has held that a court’s decision to grant prison administrators authorization to consent to medical treatment on a prisoner’s behalf was proper. The decision to grant a prison doctor’s petition under Probate Code section 3201 …
Article • July 15, 2009
Prison Officials May Limit Access to Tarot Cards Under RLUIPA by The Eighth Circuit Court of Appeals has affirmed an Arkansas federal district court’s order that held a prison policy that requires prisoners to check out tarot cards from a chaplain and prohibits keeping cards in cells does not violate …
Prohibiting Decorations on Outgoing Envelope Not Violative of RLUIPA by The Fifth Circuit Court of Appeals has held that a Texas prison policy that prohibits prisoners from drawing illustrations or messages on envelopes does not violate a prisoner’s rights. Prisoner Robert N. Smithback filed a civil rights action that claimed …
Sexually Harassed Florida Prison Nurse’s Injunctive Relief Claim Moot by A Florida federal district court has denied summary judgment on monetary damages but granted it for injunctive and declatory relief, on motion brought by the Florida Department of Corrections (FDOC) in a lawsuit alleging gender discrimination and hostile work environment. …
Article • July 15, 2009
Slip and Fall Nets $5,000 Settlement by Washington State’s King County Jail paid $5,000 to settle a slip and fall claim filed by former prisoner Clifford Goodwin. The claim alleged that on September 10, 2001, Goodwin fell in urinal waste water that was on the floor due to a broken …
Montana Agrees to Improve Prison Conditions for Female Prisoners by On November 22, 1994, the State of Montana agreed to settle a class action suit brought by female prisoners incarcerated at the Women’s Correctional Center (WCC). The plaintiffs alleged that the state (1) was deliberately indifferent to their serious health …
No Appeal of Immunity Defenses if Case Under Advisement by Immunity defenses may not be reviewed by way of appeal when a district court still has the matter “under advisement” before a magistrate judge, the U.S. Court of Appeals for the Fifth Circuit decided July 23, 2008. Raul Meza sued …
Article • July 15, 2009
No Attorney’s Fees for Prevailing Defendants, Eighth Circuit Holds by On May 2, 2008, the U.S. Court of Appeals for the Eighth Circuit reversed on award of attorney’s fees for a defendant in a civil rights action. After Charles Williams lost his civil rights action against the City of Carl …
No Damage Award for Emotional Injury Where Underlying Harm is De Minimis by The U.S. District Court for the District of Arizona has granted in part and denied in part a summary judgment motion filed by the Durango Jail in a civil rights action challenging unsanitary conditions. Aaron Wittkamper sued …
No Fourth Amendment Violation for Monitoring Attorney-Client Conversations by When a prisoner consents to the monitoring of calls over a jailhouse telephone, no Fourth Amendment violation exists if the government records calls made to an attorney, the U.S. Court of Appeals for the First Circuit decided June 30, 2008. Scott …
Article • July 15, 2009
No Jury Bias in Trial of Prisoner’s Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit rejected a prisoner’s attempt to obtain a new trial of deliberate indifference claims based on jury bias. Gilbert Arreola sued Mohammed Choudry, a prison doctor, for deliberately indifferent treatment of …
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