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Article • September 15, 2005 • from PLN September, 2005
Seventh Circuit Reverses Summary Judgment for CMS, Prison Doctor by In an unpublished decision, the Seventh Circuit Court of Appeals reversed a grant of summary judgment to a prison doctor, holding that the doctor manifested a substantial departure from accepted professional judgment in the treatment of a prisoner's cluster headache …
Article • June 15, 2005 • from PLN June, 2005
Filed under: Medical, Pain
Eighth Circuit Reverses Summary Judgment Against Pretrial Detainee's Dental Claim by Robert Woodman by Robert H. Woodman The U.S. Eighth Circuit Court of Appeals reversed a grant of summary judgment by the U.S. District Court for the Southern District of Iowa in a complaint filed by a pretrial detainee alleging …
Wilkins v. Scarrott and Koponen, CA, Appeal Brief Employee Litigation, Wrongful Death, 2005 STATEMENT OF THE CASE This civil rights case is unique in that police officers are on both sides. William Wilkins, a seven-year veteran of the Oakland, California, police department, was shot and killed by two rookie officers …
Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit by by Matthew T. Clarke A Texas state court of appeals has ruled that a prisoner claiming accident or mistake in failing to file an expert report within 180-days of filing his medical negligence suit is entitled to a 30-day …
Article • July 15, 2003 • from PLN July, 2003
No Qualified Immunity When Denying Pain Medication by The Seventh Circuit US Court of Appeals affirmed summary judgment against an Illinois state prisoner's 42 USC § 1983 principal complaint alleging negligent medical treatment, but denied the defendants' qualified immunity defense to the included claim regarding denial of pain medications. John …
Article • June 15, 2002 • from PLN June, 2002
Two Federal Courts Grant Injunction for HCV Treatment by A federal court in Oklahoma issued an unpublished opinion granting a preliminary injunction ordering prison officials to provide prescribed medications for a prisoner's liver disease. Another federal court in Ohio issued an unpublished opinion granting a preliminary injunction ordering prison officials …
Article • March 15, 2002 • from PLN March, 2002
$630,000 Plus Paid in Ulcer Related Death by $630,000 plus paid in ulcer related death On May 16, 1994, Gertrude Barrow, 41, died at the Washington Corrections Center for Women (WCCW) of a perforated chronic peptic ulcer and acute peritonitis. She was just three months short of her release date. …
Article • March 15, 2002 • from PLN March, 2002
$1,500 Paid for Failure to Provide Pain Medication by $1,500 paid for failure to provide pain medication On July 7, 1993, Leonard Willis dropped a 65-pound weight on his left ring finger while incarcerated at the CRCC. The injury was extraordinarily painful, and Mr. Willis immediately sought medical attention. Although …
Class Action Medical Neglect Suit Filed Against CDC by Alleging that the California Department of Corrections (CDC) violates the Eighth Amendment protection against cruel and unusual punishment by providing seriously inadequate medical care to state prisoners, the Prison Law Office and the law firms Pillsbury Winthrop and McCutchen Doyle Brown …
Article • January 15, 2001 • from PLN January, 2001
Cursory Medical Treatment Cruel and Unusual by The U.S. court of appeals for the Eleventh Circuit held that a failure to diagnose a prisoner's colon cancer may have been extremely negligent, but it did not rise to the level of deliberate indifference. However, a factual dispute precluded summary judgment on …
No Administrative Exhaustion Required When AG Won't Give Hearing by Paul Wright By Paul Wright A federal district court in New York held that a medical indifference claim required administrative exhaustion under the Prison Litigation Reform Act (PLRA) even though money damages were not available as a remedy in the …
Article • September 15, 2000 • from PLN September, 2000
Prison Physician Liable for Refusal of Care by Ronald Young Prison Physician Liable For Refusal of Care The Seventh Circuit Court of Appeals held that a federal prisoner's Biven's claim did not state a medical care claim against a prison guard who failed to have the prisoner checked out after …
Federal Tort Claims Act Suit Limitation Construed in Medical Suit by Affirming the U.S. District Court for the Central District of Illinois, the U.S. Seventh Circuit Court of Appeals held that the United States was entitled to summary judgment under the Federal Tort Claims Act (FTCA) in a prisoner's medical …
Article • April 15, 2000 • from PLN April, 2000
Denial Of Food and Medicine Supports Eighth Amendment Claim by Ronald Young The court of appeals for the Seventh circuit held that a prisoner's medical condition was sufficiently serious to support an Eighth Amendment claim, and material fact issues existed as to whether officials acted with deliberate indifference toward the …
Article • September 15, 1999 • from PLN September, 1999
Ex-Prisoner Gets $850,000 for Broken Neck by When Steven Dodson entered a California prison in October 1996, he didn't know that his neck was broken. He only knew that his neck pain kept getting worse. He also didn't know that the next 10 months of his life would be a …
Article • August 15, 1999 • from PLN August, 1999
Denial of Pain Medication Violates Eighth Amendment by The court of appeals for the Seventh circuit held that a guard's denial of prescribed pain medication to a prisoner undergoing cancer treatment violates the Eighth Amendment's ban on cruel and unusual punishment. James Ralston, a Wisconsin state prisoner, was given radiation …
$45,000 Award in BOP Tort Claim Medical Neglect Suit by Afederal district court in Texas has awarded a pro se federal prisoner $45,000 under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, for medical neglect by the United States Bureau of Prisons (BOP) in failing to transfer him …
Seventh Circuit Questions ADA Applicability to Prisons by The court of appeals for the seventh circuit issued its first ruling on the applicability of the Americans with Disabilities Act (ADA) to prisoners. In doing so it held that claims of incompetent medical treatment are not cognizable under the ADA. It …
Beating Damages Affirmed; PLRA Not Retroactive on Vacated Attorney Fees by The court of appeals for the seventh circuit affirmed a jury verdict awarding damages to two prisoners who were beaten by prison guards and then denied medical care for their injuries for nearly two days. The court held that …
Detainee States Claim for Retaliation and Med Needs by The court of appeals for the seventh circuit has held that pretrial detainees are entitled to adequate medical care and have a right to be free from retaliation for complaining of guard misconduct. Richard Murphy was a pretrial detainee in the …
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