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Class Certified in Lawsuit Challenging Conditions at CCA-operated Indiana Jail, but Case Dismissed on Summary Judgment by David Reutter by David M. Reutter An Indiana federal district court certified a class and allowed claims to proceed that challenged unsafe conditions, lack of medical privacy and an alleged incentive scheme that …
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to Refute Expert Testimony Warrants Summary Judgment Against California Prisoner Suing for Medical Malpractice by In an unpublished opinion, the California Court of Appeal affirmed a trial court’s grant of summary judgment against a prisoner who sued a surgeon for medical malpractice, but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) …
Florida Lawmakers Disband Correctional Medical Authority by The Florida legislature did an end-run around a veto by the Governor by eliminating funding for the state’s prison medical oversight agency, thereby causing it to disband. With Florida turning to private companies to provide prisoner healthcare services, there is concern that medical …
Article • May 15, 2012 • from PLN May, 2012
Arizona Privatizes Health Care in State Prison System by On April 27, 2011, Arizona Governor Jan Brewer signed into law House Bill 2154, which resulted in the privatization of medical care for prisoners in the Arizona Department of Corrections (ADC). The move comes three years after ADC’s food services were …
Article • May 15, 2012
Colorado Court Rejects Prisoner Claim of BOP Mistreatment by A Colorado prisoner's Fifth and Eighth Amendment claims against the Bureau of Prisons (BOP), have been dismissed by Judge Philip A. Brimmer of U.S. District Court for the District of Colorado. Prisoner Thomas Silverstein was sentenced in 1978 and started serving …
Court Compels Discovery in Pennsylvania MRSA Death Case by In a federal action stemming from the MRSA and/or staph infection related deaths of two Allegheny County Jail prisoners, a Pennsylvania federal court granted Plaintiff's motion to compel discovery from Allegheny County Health Services, Inc. The court rejected Defendants' blanket claim …
8th Circuit Court of Appeals Dismisses Missouri Jail Failure to Protect and Medical Neglect Case by On December 23, 2008, William Holden filed a 42 U.S.C. § 1983 claim against guards in the Marion County, Missouri Jail alleging failure to protect and failure to provide adequate medical treatment. This claim …
Article • May 15, 2012
BOP Settles Medical Neglect Death Suit by On August 15, 2008, the wife of a deceased federal prisoner settled claims against the Federal Bureau of Prisons (BOP) related to his death. Terms of the settlement are unknown. BOP prisoner Terrance Mallett repeatedly complained of a sore throat and nasal problems. …
Article • May 15, 2012
California Settles Former Parolee's Untreated HIV and Delayed Release Suit for $2,500 by Bradley G. Dreher was a California parolee when he learned that he was HIV-positive. He was seeking treatment, but was arrested and incarcerated for alleged parole violations before he could begin a treatment regimen. He remained in …
Article • May 15, 2012
Filed under: Medical, Kidney
California Settles Prisoner's Medical Care Denial Claim for $50,000 by Relaun V. Deadmon, a California state prisoner, filed a civil rights action in federal court alleging that prison officials violated his Eighth Amendment rights by refusing to provide him with a proper diet and medical care for his chronic kidney …
Culture of Abuse Continues at Oregon Mental Hospital Despite Ongoing DOJ Investigation by In June, 2006, the Civil Rights Division of the United States Department of Justice (DOJ) began investigating the Oregon State Hospital (OSH) for patient abuse and deficient care. On November 17, 2010, DOJ officials alerted the state …
Article • May 15, 2012
Filed under: Medical, Cancer
California Prison System Settles Untreated Cancer Case for Undisclosed Sum by A settlement was reached in a lawsuit claiming prison medical personnel failed to provide treatment for a growing cancerous lump in a prisoner’s neck. When Dean L. Brooks, a prisoner at California’s Calipatria State Prison, noticed a lump on …
Article • May 15, 2012
Sixth Circuit Reverses Dismissal of Tennessee Prisoner’s Medical Claim by The Sixth Circuit Court of Appeals reversed a lower court's dismissal for failure to state a claim, in a Tennessee prisoner's inadequate medical care suit. On June 26, 2004, Shelby County, Tennessee, detainee Robert Lee Barnett became ill when Nurse …
Article • May 15, 2012
Filed under: Medical, Gastrointestinal
Prisoner Settles Suit over Failure to Treat Crohn's Disease by Lindsay John Max, a California state prisoner, filed a civil rights action in federal court pursuant to 42 U.S.C. § 1983 alleging that various officials in the California prison system had failed to provide proper medical treatment for his Crohn's …
Article • May 15, 2012
Second Circuit Dismisses New York Prisoner's § 1983 Action for Deliberate Indifference to Diabetic Diet by Second Circuit Dismisses New York Prisoner's § 1983 Action for Deliberate Indifference to Diabetic Diet The Second Circuit Court of Appeals has dismissed a § 1983 claim by prisoner Steve Collazo, who had alleged …
Booker v. City and County of Denver, CO, Rebuttal to Expert Report, Excessive Force Jail, 2012 1:-io~ ~,1i ~,n-,·, • -.,,1111· J:-.o ",a11111 \l1111i111 ( ,. \ <l(H[) I 1,·I .1 10 -f:.! 11 :!'HO I 11\ .I I O . ➔ :i➔ ➔ 0:.!8 1'1'1'11111u111111@t·art Iii i, 1k ., …
Brief • April 26, 2012
Madrid v. City of Albuquerque, NM, Complaint, Officer Ran a Red Light, 2012 •, r FILED IN MY OFFICE DISTRICT COURT CLERi< 4/26/2012 3:52:11 p~ STATE OF NEW MEXICO COUNTY OF BERNALIUO SECOND JUDICIAL DISTRICT COURT GREGORY T. IRELANC Christina Villa MARTIN A. MADRID and JENNIFER MADRID, Individually and as …
Brief • April 25, 2012
Fret v. City of New York, NY, Complaint, Rikers Island Suicide, 2012 ~ILED 4s 201 i Apr Bronx County Clerk I ' I I $UPRE E COURT OF THE STATE OF NEW YORK COUN Y OF BRONX i-------- -------------------------------------------------------------X <fJIANC RLO G. FRET, as Administrator of the estate of ARIS …
Brief • April 20, 2012
Mithchell v. McKeithen, FL, Complaint for Damages, Wrongful Death Failure to Treat, 2012 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PANAMA CITY DIVISION RUTH MITCHELL, as Personal CIVIL DIVISION Representative of the ESTATE OF Case No. 5:14-cv-157 JAMES TIMOTHY BUCHANAN, on behalf of the Estate …
Burke v. Glanz, OK, Second Amended Complaint, Wrongful Death, 2012 Case 4:11-cv-00720-JED-PJC Document 15 Filed in USDC ND/OK on 04/16/12 Page 1 of 27 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF OKLAHOMA (1) ROBBIE EMERY BURKE, , as the Special Administratrix of the Estate of Elliott …
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