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Eleventh Circuit Reverses Dismissal of 8th Amendment Medical Indifference Claim by The U.S. Court of Appeals for the Eleventh Circuit has reversed the dismissal of a lawsuit brought by a federal prisoner alleging deliberate indifference to his serious medical needs. Enrique Acosta brought suit against unknown named personnel of the …
Florida Federal Prisoner's Negligently Treated Seizures Result in Paralysis by Florida federal prisoner Harold Wood brought a federal tort action against the United States in 2001 after Bureau of Prisons medical personnel failed to follow medical advice resulting in permanent disabling injuries. The $30 million suit settled for an undisclosed …
Article • May 15, 2007
Summary Judgment, Qualified Immunity Denied on Deliberate Indifference Claim by The Ninth Circuit Court of Appeals has affirmed denial of summary judgment on qualified immunity grounds to a federal correctional counselor charged with deliberate indifference to a serious medical need. Robert Mahler, a prisoner at the Federal Prison Camp in …
$55,503 Settlement for Barefoot California Prisoner by On December 27, 1999, San Francisco County, California, settled for $55,503 a prisoner's federal lawsuit that alleged he was denied footwear for three months while in the county jail and that he was treated with deliberate indifference by jail medical personnel after his …
$145,000 Verdict in Retaliatory Transfer Case by While at a Michigan prison work camp, prisoner Gerald L. Petrowski committed a major infraction, resulting in transfer to a high security level prison. Petrowski had a preexisting foot deformity that prevented him from wearing regulation prison shoes. At the new prison Petrowski …
Article • May 15, 2007
CMS Doctor Not Liable for Delaying Bone Graft by The plaintiff saw a specialist who said he needed a bone graft procedure immediately, and the prison doctor defendant recommended that he get it. Nine months later, the same specialist said there was no need for further evaluation or surgery, and …
Article • May 15, 2007
BOP Denial of Bone Marrow Transplant Questioned by The plaintiff complained that the Federal Bureau of Prisons in Missouri refused him an autologous bone marrow transplant. The court affirms the district court's dismissal because during the pendency of the appeal the plaintiff was permitted to take the first steps toward …
Article • May 15, 2007
$10,000 Paid for Failure to Perform Washington Prisoner's Surgery by Washington Prisoner Austin Mora-Gonzales sued officials of the Washington Department of Corrections for failing to perform their duty to provide him with surgery or ameliorate the pre-existing spinal condition he had. On October 10, 2002, the WDOC settled the suit …
Article • May 15, 2005 • from PLN May, 2005
Michigan Prisoner Awarded $376,525 For Back Injury Sustained In Crash by A Michigan prisoner has been awarded $376,525 for back injuries sustained in a prison van crash. Lorenzo Johnson, a 40-year-old state prisoner, was being transferred from one prison to another when the van he was riding in hit a …
Article • February 15, 1998 • from PLN February, 1998
No Immunity for Delaying Arthritis Treatment by Afederal district court in West Virginia held prisoners had a clearly established right in 1994 to prompt medical treatment and to have prescribed treatment followed. Oscar Finley, a West Virginia state prisoner suffers from arthritis and has a physician's recommendation that he not …
Contract Physicians Entitled to Qualified Immunity by The court of appeals for the seventh circuit has held that physicians hired by a prison to provide medical care are entitled to qualified immunity when sued by prisoners. As more and more prison systems attempt to cut medical care costs by contracting …
Article • March 15, 1995 • from PLN March, 1995
Medical Indifference Suit Requires New Trial by William Hathaway is a New York state prisoner. In 1973 he underwent hip fusion surgery and had three metal pins inserted into his left hip joint. He continued to experience pain after the surgery and in 1977 sought medical assistance from Dr. Schlesinger, …
Article • January 15, 1994 • from PLN January, 1994
Conditions Habeas Requires Administrative Exhaustion by Raleigh Irby is a prisoner at the federal Metropolitan Correctional Center (MCC) in Chicago. He petitioned the district court for release under 28 U.S.C. § 2241 (the habeas corpus statute) because he was not receiving adequate medical treatment for severe congenital disk disease. The …
Article • May 15, 1993 • from PLN May, 1993
Failure to Treat Illness Violates Eighth Amendment by Derrick Williams is an Illinois state prisoner. As a result of a car accident he suffers from chronic infectious inflammation of the bone marrow. After being imprisoned a DOC doctor examined Williams and prescribed medication and a course of treatment. Prison officials …
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