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Article • May 15, 2012 • from PLN May, 2012
Failure to Refute Expert Testimony Warrants Summary Judgment Against California Prisoner Suing for Medical Malpractice by In an unpublished opinion, the California Court of Appeal affirmed a trial court’s grant of summary judgment against a prisoner who sued a surgeon for medical malpractice, but then failed (due to limited resources) …
Article • September 15, 2011 • from PLN September, 2011
Oregon Settles Prisoner’s Heart Failure Medical Mistreatment Case for $390,000 by Mark Wilson “This poor woman had two valves diseased, both of them stressing her heart out, giving her heart failure,” said Dr. Sanjiv Kaul, head of cardiovascular medicine at Oregon Health Sciences University (OHSU), speaking of Katherine Anderson, a …
Article • May 15, 2011 • from PLN May, 2011
Sixth Circuit Rules on Whether Prisoner Must Name Defendants in Grievance by The Sixth Circuit Court of Appeals held that the Michigan Department of Corrections (DOC) internal grievance policy rule that prisoners name all defendants did not invalidate a prisoner’s grievance for purposes of exhaustion of administrative remedies when prison …
Article • April 15, 2011
ICE Settles Deliberate Indifference Lawsuit for $47,500 by The U.S. Immigration and Customs Enforcement agency (ICE) paid $47,500 to settle a lawsuit alleging deliberate indifference to a detainee’s medical needs. A Haitian woman, identified only as “Rosemarie M.” in court documents, had suffered daily bleeding for months in the summer …
Article • March 15, 2011
Filed under: Medical, Surgery, Hernias, Podiatry
$1,000 Settlement for Washington Prisoner’s Untreated Hernia by The State of Washington paid $1,000 to settle the lawsuit of prisoner James M. Downing for medical neglect. While incarcerated at Airway Heights Correction Center (AHCC) from October 6, 2003 to November 18, 2004 Downing complained to medical staff about his numerous …
Article • March 15, 2011
$5,000 Settlement in DC Prisoner’s Wrongful Medical Death Following Surgery by The District of Columbia (DC) paid $5,000 to settle a multi-count complaint in the death of prisoner Benjamin Brown following surgery for a colon reattachment. The complaint concerned the April 20, 2002 death of Brown at DC’s Central Treatment …
Article • October 15, 2010 • from PLN October, 2010
Limitations Period in Suit Over Delay in Providing Surgery Begins When Prisoner is Recommended for Surgery by Brandon Sample The statute of limitations in a lawsuit claiming medical negligence by prison officials in delaying a prisoner’s surgery begins to accrue when the prisoner is first recommended for surgery by a …
$35,000 Settlement in Indiana Jail Failure to Protect and Medical Care Suit by David Reutter by David M. Reutter & Mark Wilson Indiana’s Marion County Jail (MCJ) has paid $35,000 to settle a federal civil rights complaint that alleged deliberate indifference to a prisoner’s safety and serious medical needs. The …
Article • May 15, 2010
$1,000 Claim Settlement for Washington State Prisoner Injured in Fall by On September 13, 2007, Washington State settled for $1,000 a tort claim brought by a state prisoner who slipped and fell in a prison kitchen. Michael Laursen, a Washington State prisoner, was working in the dishwashing area of the …
Article • February 15, 2010 • from PLN February, 2010
$325,000 Settlement in Michigan Jail Prisoner’s Ruptured Appendix Lawsuit by Michigan’s Lenawee County Jail (LCJ) paid $325,000 to settle a lawsuit brought by a former prisoner who was denied medical care before and after his appendix ruptured. This is the second such settlement within a month. (See accompanying article.) As …
Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000 by The U.S. Court of Appeals for the Seventh Circuit has reversed, for the second time, a grant of summary judgment to two Bureau of Prisons (BOP) medical employees and the United States …
Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit has reversed a grant of summary judgment to a Bureau of Prisons (BOP) doctor accused of denying a death row prisoner needed eye surgery. Arboleda Ortiz, a …
Brief • November 12, 2009
Slingluff v. State of Hawaii, Findings of Fact/Conclusions of Law, Medical Malpractice Leaves Prisoner Impotent, 2009
Brief • November 12, 2009
Slingluff v. State of Hawaii, Final Judgment, Medical Malpractice Leaves Prisoner Impotent, 2009
Article • September 15, 2009
$3,700 Award in NY DOCS Medical Negligence/Lost Property Claim by A New York Court of Claims awarded a prisoner $3,732.68 plus interest, for claims of medical negligence and lost property. Stephen Grant, a prisoner at Gowanda Correctional Facility, was assaulted on July 10, 1996 by members of a prison gang …
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 …
Article • May 15, 2009 • from PLN May, 2009
New York Prisoner Receives $3,732 for Medical Neglect/Lost Property Claim by New York Prisoner Receives $3,732 for Medical Neglect/Lost Property Claim A New York Court of Claims awarded a prisoner $3,500 for medical neglect by prison medical officials’ failure to treat the prisoner’s deviated septum for 20 months. The prisoner …
Bivens Action Unavailable Against Federal Private Prison Employees by The U.S. Court of Appeals for the Eleventh Circuit held that a federal prisoner incarcerated at a privately operated prison may not pursue a Bivens action against private prison employees for violating his Eighth Amendment rights. Luis Francisco Alba, a federal …
Article • February 15, 2009 • from PLN February, 2009
Notwithstanding Federal Healthcare Receiver, California Prisoners Can Still Use State Habeas Corpus to Redress Medical Complaints by The California Court of Appeal, Fifth Appellate District, held that even though the California Department of Corrections and Rehabilitation (CDCR) was under the supervision of a court-appointed federal healthcare Receiver, state prisoners nonetheless …
Article • January 15, 2009
Delaware Prisoner’s Medical Claim Reinstated by by David M. Reutter The Delaware Supreme Court has reversed a New Castle County Superior Court’s summary dismissal of a prisoner’s lawsuit raising medical negligence and constitutional claims, which alleged prison authorities had failed to treat his serious medical needs. Delaware Correctional Center (DCC) …
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