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New Hampshire Prisoner’s ADA Claim Survives Summary Judgment by New Hampshire Prisoner's ADA Claim Survives Summary Judgment The First Circuit Court of Appeals has reversed a New Hampshire federal district court's summary judgment order concluding that a prisoner failed to demonstrate that prison officials violated his rights under Title II …
Article • May 15, 2006 • from PLN May, 2006
Sixth Circuit Reverses Judgment for EMSA Physician, Remands for Trial by The Sixth Circuit Court of Appeals has reversed a grant of summary judgment to a physician employed by EMSA Correctional Care, Inc (EMSA) in an Ohio pretrial detainees inadequate medical care claim. On October 5th or 6th, 1998, James …
Article • September 15, 2005 • from PLN September, 2005
Summary Judgment for CMS/NJ DOC Reversed in Physical Therapy Suit by A New Jersey state appellate court issued an unpublished opinion reversing a lower court's grant of summary judgment to Correctional Medical Services (CMS) and the New Jersey Department of Corrections (DOC). On November 7, 1996, Craig Szemple, a prisoner …
New York Prisoners Win Injury Awards, Lack of Expert Testimony Detrimental by Michael Rigby New York Prisoners Win Injury Awards, Lack Of Expert Testimony Detrimental by Michael Rigby In two separate cases, New York courts of claims awarded $3,500 to prisoners pursuing pro se personal injury claims against the state. …
Article • July 15, 2004 • from PLN July, 2004
District of Columbia May Be Liable for Prisoner's Inadequate Medical Care by District of Columbia May Be Liable for Prisoner's Inadequate Medical Care The U.S. Court of Appeals for the District of Columbia, reversing and remanding the district court, held that a D.C. prisoner incarcerated in a Virginia state prison …
First Circuit Holds ADA Title II Abrogated State Sovereign Immunity by Bob Williams The First Circuit court of appeals has held that Title II of the Americans with Disability Act (ADA), as applied in this case, abrogates state sovereign immunity. There is now a 6-3 split in the circuits on …
Article • February 15, 2003 • from PLN February, 2003
Filed under: Medical, Muscular
Ohio Appeals Court Upholds § 1983 Medical Care Claim by Ohio Appeals Court Upholds § 1983 Medical Care Claim Ohio's Fourth District Court of Appeals has partially reversed the dismissal of an Ohio prisoner's 42 U.S.C. §1983 complaint filed in state court. Ohio Department of Rehabilitation and Correction (DORC) prisoner …
Article • December 15, 2002 • from PLN December, 2002
Failure to Treat Ruptured Tendon; Qualified Immunity Denied by A federal district court in New York has denied prison officials' motion to dismiss a prisoner's complaint alleging denial of medical treatment of his ruptured Achilles tendon. While playing basketball on May 3, 1997 at Sing-Sing Correctional Facility, prisoner Saufuddin Abdul-Samad …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Muscular
$5,000 for Severed Tendon by $5,000 for severed tendon On April 5, 1993, a Physician's Assistant at the WSP severed a tendon in Walter Mathis' left thumb. This injury resulted in the loss of ability to extend the thumb, and required surgery to attempt correction of the problem. Even after …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Surgery, Muscular
$40,000 for Achilles Tendon Injury by $40,000 for Achilles tendon injury On August 21, 1993, while incarcerated at the Coyote Ridge Corrections Center (CRCC) in Connell, Washington, Richard Yamamoto suffered a severe injury to his right Achilles tendon. The nature, extent, and severity of the injury was misdiagnosed and mistreated …
No Immunity for Private Prison Physician by The U.S. court of appeals for the Eleventh Circuit held that a privately employed prison physician was ineligible to claim qualified immunity. Disputed material facts surrounding his response to a prisoner's serious medical condition also precluded summary judgment on the merits. In June …
Article • June 15, 1998 • from PLN June, 1998
Delay in Medical Treatment States Claim by The court of appeals for second circuit held that a district court erred when it dismissed as frivolous a prisoner's claim that his eighth amendment rights were violated when a leg injury was misdiagnosed and treatment delayed. Allen Hemmings was being held in …
Article • December 15, 1990 • from PLN December, 1990
State Liable for Delay in Diagnosing and Treating Prisoner Injury by State Liable For Delay In Diagnosing And Treating Prisoner Injury A New York state prisoner slipped on a wet flight of stairs and injured his right knee. During the next 3-1/2 years he continuously complained to prison officials of …
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