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Article • January 15, 2009 • from PLN January, 2009
Filed under: Medical, Medication, Skin
Prison Health and Self-Care: MRSA by Michael D. Cohen, MD by Michael D. Cohen MD Introduction There is much concern among prisoners about skin infections caused by a well-publicized germ called MRSA. This article explains what MRSA is, what you can do to protect yourself from MRSA, and how to …
Jail Nurse Guilty of Forging Doctor’s Order; Forged Orders Common Jail Practice by Mark Wilson Jail Nurse Guilty of Forging Doctor’s Order; Forged Orders Common Jail Practice by Mark Wilson On August 28, 2008, a Multnomah County, Oregon jury convicted a former jail nurse of forging a drug prescription for …
Michigan Municipal Policy Creates § 1983 Liability Without Constitutional Violation By Agents by Bob Williams By: Bob Williams Michigan's Grand Traverse County (County) motioned for judgment as a matter of law in 2006 after a jury verdict of guilty regarding a deliberate indifference suit filed by former jail prisoner Amy …
Untreated Diabetic Los Angeles Jail Detainee May Sue for Failure to Provide Medical Care by by John E. Dannenberg The California Court of Appeal, Second District, has held that a diabetic Los Angeles jail detainee who was denied medical care for over 24 hours could sue the Los Angeles Sheriff’s …
Sixth Circuit: $4.5 Million Award Upheld Against Michigan DOC Doctor in Dehydration Death of Mentally Ill Prisoner by John Dannenberg Sixth Circuit: $4.5 Million Award Upheld Against Michigan DOC Doctor in Dehydration Death of Mentally Ill Prisoner by John E. Dannenberg The Sixth Circuit U.S. Court of Appeals upheld a …
Indiana Judge Refuses to Send Juveniles to Unsafe Facility by On December 17, 2007, Judge Peter Nemeth of St. Joseph County, Indiana informed Governor Mitch Daniels that he would no longer send female juvenile offenders to the Indianapolis Juvenile Correctional Facility (formerly known as the Indiana Girls School). Nemeth found …
Article • August 15, 2008
Disabled Kansas Prisoners Forced Labor Claim Dismissed by The plaintiff, who had had heart bypass surgery and was on medical restrictions, was ordered to sand baseboard. He complained and the doctor said it was all right. He did the work, reported chest pains, and was taken to the clinic where …
Article • August 15, 2008
Drug Reaction Suit Dismissed for Lack of Causation by The plaintiff was prescribed Symmetrel, to which he had a reaction that required hospitalization; later he had two strokes, which he attributed to the drug. The plaintiff failed to establish a triable issue as to causation, since the prescribing doctor now …
Disabilities Subject to Correction Not Protected by ADA by Under the Americans with Disabilities Act, whether an impairment "substantially limits" one or more major life activities is assessed with reference to mitigating measures (in this case, medication for high blood pressure). That means someone whose disability is substantially corrected can …
Denial of AIDS Medication, Food to Texas Jail Prisoner Upheld by The plaintiff, prescribed AZT and Crixivan, got no Crixivan for five days and then half-doses for the next 15 days. When he saw a doctor after 19 days, his dosage was promptly increased. He was not able to get …
State Officials Not Liable for Heat Stroke Death of 12 Year Old Boy by State Officials Not Liable for Heat Stroke Deaht of 12 Year Old Boy This is the case of Andrew Lemoine, the 12-year-old boy on antipsychotic medications who died of heat stroke after being made to build …
Article • August 15, 2008
Denial of HIV Medications Claim Dismissed for Failure to Exhaust by The plaintiff complained of an interruption of his HIV medications at a county jail where he spent five days He did not utilize administrative remedies there At 1166: "An inmate must allege and show that he has exhausted all …
Failure to Timely Provide Methadone Results in Death, Defeats Summary Judgment by The Seventh Circuit Court of Appeals has reversed an Illinois federal district court’s grant of summary judgment to officials at the Cook County Jail in a civil rights action that alleged inadequate medical assistance resulting in a prisoner’s …
Article • August 15, 2008
Second Circuit Finds Personal Involvement, Reverses Dismissal of Bivens Claim by The Second Circuit of Appeals has reversed a lower court’s dismissal of a prisoner’s Bivens claim, alleging denial of glaucoma medication which caused his permanent blindness. In September 2001, DEA agents arrested Rodney Thomas in California on drug charges. …
Article • August 15, 2008
U.S. Court Of Claims Lacks Jurisdiction Over Eighth Amendment Based Tort by Arizona federal pro se prisoner Jerome Trafny appealed his Eighth Amendment based tort claim dismissal. He alleged that the Federal Bureau of Prison's (BOP) failure to supply medication after eye surgery caused injury. The dismissal was affirmed for …
Article • August 15, 2008
Kentucky County Settles Loss of Consortium Suit for Undisclosed Amount by Phillip D. Hurst, a Kentucky prisoner, was taking prescribed methadone. When he returned one night to a Lexington County work release center in an intoxicated state, he was examined by two nurses who thought he was experiencing diabetes-related symptoms. …
Arkansas Law Discloses Legislators’ Business Ties to State by David Reutter Of concern to taxpayers should be the private business interests of their legislators. An Arkansas law enacted in 2007 requires disclosure of those interests when a lawmaker or his or her spouse owns at least 10 percent of a …
Article • July 15, 2008
Massachusetts Action to Compel Medical Treatment Dismissed; Lacked Eighth Amendment Claim, Diagnosis by Massachusetts State pro se prisoner Kenneth Mocks brought an action to compel the State Department of Corrections Director of Health Services, John Noonan, to provide allegedly needed medical care. Also named as a defendant, but judicially dismissed, …
New Jersey District Court: Reargument Granted In PHS Negligence Claim by On January 10, 2005, the U.S. District Court for the District of New Jersey agreed with a state prisoner’s contention that Prison Health Services’ (PHS) failure to monitor her lithium levels fell under the common knowledge exception of N.J. …
Article • July 15, 2008
California: Medical Marijuana Law at Odds with Jail, Prison Policies by John Dannenberg by John E. Dannenberg The California Court of Appeals has held that because California’s 1996 voter-approved Medical Marijuana Program Act (Proposition 115) permits a citizen to possess marijuana for medical use, bringing medically-approved marijuana into a jail …
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