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Article • August 15, 2013
Excessive Gas May Substantially Burden Religion Under RLUIPA by The Ninth Circuit Court of Appeals vacated summary judgment on an Arizona prisoner’s religious diet claims because the lower court made inadequate findings. The Court also rejected Defendants’ contention “that excessive gas simply does not constitute a substantial burden” under the …
Article • August 15, 2013
Pennsylvania “Gunslinger” Guard Breaks Hand on Prisoner’s Face; Prison Officials Offer $5,000 Hush Money by A Lancaster, Pennsylvania, prison guard broke his hand beating a prisoner who was shackled to a hospital bed, according to criminal and civil complaints. Prison officials offered the prisoner $5,000 in hush money afterwards. Vance …
Article • August 15, 2013
PLRA Administrative Exhaustion an Affirmative Defense by The U.S. Court of Appeals for the Fourth Circuit (4th Circuit) has reversed a District Court dismissal of a prisoner civil rights action for not showing that available administrative remedies were exhausted before suit was filed. In 1999, Rodney Anderson began serving time …
Article • August 15, 2013
Trustee Awarded $335,407 for Job-Related Accident by Larry D. Hollie, a Louisiana prisoner, was working to repair potholes when the hot mix asphalt truck he was working on suddenly shifted. Hollie fell, hitting his lower back and hip area on the ground. He “suffered a lumbrosacral strain with a herniated …
Article • August 15, 2013
Habeas Relief Unavailable for Civil Rights Violations by The U.S. Court of Appeals for the Seventh Circuit (7th Circuit) has affirmed a District Court’s dismissal of a prisoner’s habeas action because it presented only civil rights claims. In March of 2001, Steven Glaus began hepatitis C (hep C) treatment at …
LA Prison Conditions Held Unconstitutional by In 1973, Hayes Williams and three other Louisiana state prisoners filed suit in federal district court claiming that the Angola prison was being run in violation of the prohibition of cruel and unusual punishment in the 8th Amendment to the U.S. Constitution. The allegations …
Article • August 15, 2013
Filed under: Medical, Injury -- Misc.
New York Prisoner Awarded $25,000 in Slip and Fall by A New York Court of Claims has awarded a former prisoner $25,000 for shoulder injuries incurred in a slip and fall accident. The action was filed by Charles Jones, who slipped and fell on a wet substance on the gymnasium …
Ninth Circuit Vacates Plethysmograph & Medication Conditions by Ninth Circuit Vacates Plethysmograph & Medication Conditions The Ninth Circuit Court of Appeals held that a lower court should have articulated findings supporting special conditions of supervised release requiring a sex offender to submit to plethysmograph testing and medication. In September 2003, …
Article • August 15, 2013
PA Cop’s Settlement Agreement in Termination Proceedings Exempt from Disclosure by Jeffrey Cooperstein, a cop in Pittsburgh, Pennsylvania, was fired for misconduct. Cooperstein and the city disposed of some of the issues in a settlement agreement. Timothy McNulty, a reporter for the Pittsburgh Post-Gazette, asked the city for a copy …
Article • August 15, 2013
Filed under: Medical, Hernias
California: Sacramento County Settles Medical Suit for $2,000 by In June 2008, Roy Long received $2,000 to settle a suit he had filed against Sacramento County and Placer County in 2002, alleging that, over a period of 15 months, jail officials in both counties had been deliberately indifferent to his …
$450,000 Settlement in Prisoner’s Heroin Withdrawal Death Suit by In May, 2003, Prison Health Services (PHS) agreed to pay the family of Candace “Candy” Brown $450,000 to settle a lawsuit alleging inadequate medical care that resulted in Brown’s death. Brown was arrested in 2000 and taken to New York’s Monroe …
Article • August 15, 2013 • from PLN August, 2013
Federal Court Rules Against Alabama DOC in Class-action HIV Discrimination Suit by On December 21, 2012, an Alabama federal district court entered judgment in a class-action lawsuit against the Alabama Department of Corrections (ADOC), finding that the ADOC engaged in discrimination by segregating HIV+ prisoners in violation of the Americans …
Qualified Immunity Denied to Nurses who Ignored Prisoner's Symptoms of Active TB; $2.28 Million in Damages, Fees and Costs on Remand by The Eighth Circuit Court of Appeals held on July 12, 2012 that a former prisoner had presented sufficient evidence against three nurses to overcome qualified immunity in a …
Seventh Circuit Remands Illinois Prisoner's Hernia Case for New Trial by The Seventh Circuit Court of Appeals held on August 10, 2012 that a district court's jury instructions concerning deliberate indifference in a prisoner's lawsuit were misleading and prejudicial, and therefore required a new trial. In November 2004, Illinois River …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit Remands Case Concerning Treatment of Prisoner's Hemorrhoids by On July 23, 2012, after expediting a prisoner's appeal, the Seventh Circuit Court of Appeals ordered the district court to likewise act promptly following remand. The appellate court said such action was necessary because the plaintiff was experiencing "excruciating pain" …
Article • August 15, 2013
Filed under: Medical, Dental Care
$2,000 Settlement in Failure to Treat Dental Problems by Officials with the Utah Department of Corrections agreed on June 28, 2004, to settle a lawsuit claiming they were deliberately indifferent to prisoner Brian K. Stack’s dental condition. Stack apparently claimed that his transfer from a Utah prison to the Dove …
Brief • August 14, 2013
Association for Los Angeles Deputy Sheriffs v. County of Los Angeles, CA, Tort Claim, Invasion of Privacy (Medical Records), 2013 1 1 l-0143\PGC130806.ejg s GREEN & SHINEE, AP .C. RICHARD A. SHINEE, BAR NO. 62767 ELIZABETH J. GIBBONS, BAR NO. 147033 Attorneys at Law 16055 Ventura Boulevard Suite 1000 Encino, …
Brief • August 9, 2013
Gray v. County of Riverside, CA, Req for Prod of Docs, Jail Health Care, 2013 1 AKIN GUMP STRAUSS HAUER & FELD LLP SHAWN HANSON (SBN 109321) 2 AMIT KURLEKAR (SBN 244230) NICHOLAS GREGORY (SBN 275582) 3 KELSEY MORRIS (SBN 277859) SAURISH BHATTACHARJEE (SBN 286264) 4 580 California Street, Suite …
Brief • August 7, 2013
Hernandez v. United States, FL, Settlement, Misdiagnosis Causes Permanent Disability, 2013 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA OCALA DIVISION ROBERT LEE HERNANDEZ, Plaintiff, v. Case No. 5: 11-CV-00370-MSS-PRL UNITED STATES OF AMERICA, Defendant. --------------------~' STIPULATION FOR COMPROMISE SETTLEMENT AND RELEASE OF FEDERAL TORT CLAIMS ACT CLAIMS PURSUANT TO …
Brief • August 5, 2013
Castillo v. Ryan, AZ, Motion to Unseal, Excessive Force Concussion Sprained Wrist Vision Shoulder Injury, 2013 Case 2:11-cv-00712-RCB-JFM Document 181 Filed 08/05/13 Page 1 of 7 1 2 3 4 5 VINCE RABAGO LAW OFFICE PLC 500 N. Tucson Blvd. Ste. 100 Tucson, Arizona 85716 (520) 955-9038 (888) 371-4011 (Fax) …
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