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Article • September 15, 2002 • from PLN September, 2002
California Prisoner Gets New Heart by Gary Hunter In early January 2002, an unidentified California prisoner received a heart transplant at the Stanford Medical Center. It was the first time any state prisoner has received an organ transplant; and it is not without controversy. Inflated prison populations, longer prison sentences, …
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Two Federal Courts Grant Injunction for HCV Treatment by A federal court in Oklahoma issued an unpublished opinion granting a preliminary injunction ordering prison officials to provide prescribed medications for a prisoner's liver disease. Another federal court in Ohio issued an unpublished opinion granting a preliminary injunction ordering prison officials …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 • August 15, 2001 • from PLN August, 2001
Filed under: Medical, Kidney, Transplants
BOP Changes Organ Transplant Policy by Robert Durkee The Federal Bureau of Prisons announced in early 2001, that it had decided to pay for organ transplants in some circumstances modifying its longstanding position of refusing to provide organ transplants for prisoners. Officials made the decision because, for disorders such as …
Article • July 15, 2001 • from PLN July, 2001
PLRA's Attorney Fee Cap Held Unconstitutional by John E Dannenberg by John E. Dannenberg A federal district court in Wisconsin held that the Prison Litigation Reform Act (PLRA) cap on recovery of attorney fees in successful prisoner civil rights complaints violated Fifth Amendment equal protection principles and determined that $80,000 …
Article • March 15, 2001 • from PLN March, 2001
BOP Organ Transplant Ban Questioned by The court of appeals for the Eighth circuit dismissed, without prejudice, a habeas corpus petition filed by Kenneth Barron, a federal prisoner, claiming his longterm survival was at risk because the Bureau of Prisons (BOP) refuses to provide him with a kidney transplant. Instead, …
Article • March 15, 1997 • from PLN March, 1997
Execution Conflicts with Medical Ethics by David Nelson, a 51-year-old convicted murderer, was scheduled for execution in Alabama on December 8, 1996. A last-minute stay by the Alabama supreme court delayed the execution so that Nelson could donate a kidney to his brother, Louis Nelson, who lost a leg to …
Article • March 15, 1997 • from PLN March, 1997
No Immunity for Kidney Transplant Denial by The court of appeals for the ninth circuit held it lacked jurisdiction to hear prison doctors' interlocutory appeal that they were entitled to qualified immunity for denying a prisoner on dialysis a kidney transplant. Raymond Jackson, a California state prisoner, filed suit claiming …
Limited Interlocutory Appeals in Medical Cases by The court of appeals for the eighth circuit held that the law is clearly established that a heart transplant patient is entitled to reasonable medical care. Whether he actually received that care was a factual question it lacked jurisdiction to answer. In 1985 …
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