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Oyenik v. Corizon Health, Inc., AZ, Opening Brief, Deliberate Indifference Medical Treatment, 2016 Case: 15-16850, 01/27/2016, ID: 9841902, DktEntry: 13, Page 1 of 38 No. 15-16850 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RONALD EDWARD OYENIK, Plaintiff-Appellant, v. CORIZON HEALTH INC., ET AL., Defendants-Appellees. On Appeal from the …
Whether Private Actors Entitled to Qualified Immunity Bypassed Due to Factual Dispute by Whether Private Actors Entitled to Qualified Immunity Bypassed Due to Factual Dispute The First Circuit Court of Appeals declined to rule on a question of whether qualified immunity is categorically unavailable to private medical contractors because disputed …
Brief • November 20, 2014
City of Pembroke Pines v. Corrections Corporation of America, FL, Order, City not obligated to service CCA prison, 2014 IN THE CIRCUIT COURT OF THE 17Th JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: 12-7337(25) CITY OF PEMBROKE PINES, Plaintiff, vs. CORRECTIONS CORPORATION OF AMERICA, INC. a foreign …
Article • September 18, 2014 • from PLN September, 2014
Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company by Matthew Clarke Fifth Circuit: Prisoner Who was Raped May Proceed with Lawsuit against Lock Company by Matt Clarke In a July 9, 2013 opinion, the Fifth Circuit Court of Appeals held that the statute of limitations …
Article • May 15, 2013
Seventh Circuit Permits Insurance Company to Deny Coverage of Civil Rights Claims by Derek Gilna The city of Waukegan, Illinois had been issued two comprehensive general liability Insurance policies, effective November 1, 1991 to November 1, 1995. Both policies contained a “law enforcement liability provision,” providing that the insurer “would …
Ryan v. County of Nassau, NY, Complaint, PTSD Suicide, 2012 Case 2:12-cv-05343-JS-SIL Document 1 Filed 10/22/12 Page 1 of 21 PageID #: 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK LIL YANN RYAN, as Administrator of the Estate of BARTHOLOMEW RYAN, deceased and LILL …
Ninth Circuit Rules that Washington DOC Religious Contractor Not a “State Actor” by Congregation Pidyon Shevuyim, N.A., a private Jewish organization that contracted with the Washington Department of Corrections (DOC), may not be sued under 42 U.S.C. § 1983 or the Religious Land Use and Institutionalized Persons Act (RLUIPA), the …
BOP's Motion to Dismiss Religious Discrimination Case Denied by A North Carolina District Court has denied the Federal Bureau of Prisons (BOP) motion to dismiss prisoners Lascelles Somie and Oral Malcolm's complaint alleging that the BOP failed to permit them to exercise their Twelve-Tribe Rastafarian religion. The plaintiffs had claimed …
CCA May Be Liable For Guard Captain's Sexual Assault Of Louisiana Prisoner by Matthew Clarke by Matt Clarke On March 15, 2007, a federal court in Louisiana held that the Corrections Corporation of America (CCA) may be liable for the sexual assault of a prisoner by a CCA captain at …
California: State May Be Liable for Delaying Medical Care to Prisoner’s Infant Child by The California Court of Appeal has held that the State may be vicariously liable for the acts or omissions of its employees in failing to provide needed medical care for an infant living with its mother …
Ninth Circuit Holds Private Prison Companies Can Be Sued Under Bivens for Violating Federal Prisoner’s Rights by Derek Gilna On June 7, 2010, the U.S. Court of Appeals for the Ninth Circuit held that Richard Lee Pollard, a prisoner in the custody of the Federal Bureau of Prisons (BOP) at …
CMS Nurse Denied Summary Judgment for Failure to Treat Prisoner for Heat Illness;$400,000 Settlement Following Sixth Circuit Ruling by David Reutter by David M. Reutter In February 2009, the Sixth Circuit Court of Appeals affirmed the denial of summary judgment to a Correctional Medical Services (CMS) nurse in a lawsuit …
Montana State and County Officials May be Liable for Injuries Caused by Private Prisoner Transport Company by The State of Montana and Montana counties may be held liable for mistreatment and injuries caused by private prisoner transportation companies, the Supreme Court of Montana held. Jaydon Paull was arrested in 2003 …
Article • June 15, 2010 • from PLN June, 2010
Mental Health Specialist May be Liable in California Jail Detainee’s Suicide by In a tragic case involving a father who signed a citizen’s arrest for his son who later committed suicide while in pretrial detention, the Ninth Circuit upheld the grant of summary judgment to two sheriff’s deputies and the …
Ninth Circuit: Federal Receiver May be Sued for Breach of Contract by Michael Brodheim The Ninth Circuit held on Oct. 30, 2009 that the Receiver appointed by a federal court to oversee delivery of medical care to prisoners in the California Department of Corrections and Rehabilitation (CDCR) was not immune …
Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims by John Dannenberg Ninth Circuit: 42 U.S.C. § 233(a) Does Not Immunize Public Health Service Employees from Bivens Constitutional Tort Claims by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals …
South Dakota: Prisoner May Enforce Third-Party Kosher Meal Obligation by The South Dakota Supreme Court has ruled that a state prisoner can bring a third-party beneficiary claim to enforce a settlement agreement between the South Dakota Department of Corrections (DOC) and another prisoner. Charles E. Sisney, a DOC prisoner, filed …
Oneida County, NY Jail Suicide Litigation Settled for $225,000 by In May 2008 the County of Oneida agreed to pay $100,000, and CNY Services agreed to pay $125,000, in settlement of a wrongful death claim brought by the parents of a 17-year-old detainee who committed suicide in the Oneida County …
Massachusetts Court of Appeals Reinstates Prisoner’s Dental Negligence Suit by Andrew W. Kilburn, a Massachusetts state prisoner, filed suit in state superior court alleging negligence and violation of the Eighth Amendment by Department of Correction (DOC) officials and medical personnel employed by Correctional Medical Services (CMS) and University of Massachusetts …
$125,000 Paid For Illegal Colonoscopy to Search for Drugs by On July 18, 2009, a New York State parolee, Tunde Clement, agreed to a $125,000 settlement in a lawsuit he filed in 2007 against Albany County, New York and Albany Medical Center Hospital. Clement's attorney, John F. Queenan, claimed his …
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