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Eighth Circuit Upholds Denial of Qualified Immunity on Medical Claims Against CMS by On July 20, 2010, the Eighth Circuit Court of Appeals affirmed in part a district court’s denial of summary judgment to prison officials on the medical claims of two Arkansas state prisoners. Arkansas Department of Corrections (ADOC) …
ICE, CCA Settle ACLU Lawsuit Regarding Health Care for Immigration Detainees by Derek Gilna A lawsuit filed by the American Civil Liberties Union that alleged deficiencies in health care at the San Diego Correctional Facility (SDCF) in Otay Mesa, California has been settled, according to a December 16, 2010 press …
Article • November 15, 2011 • from PLN November, 2011
$725,000 Award in Negligent Medical Care Suit Involving Poisoned New York Prisoner by A New York Court of Claims has awarded $725,000 to the estate of a prisoner who died due to medical neglect after being poisoned at the Sing Sing Correctional Facility. Rodney Williams, 20, was three weeks from …
Article • November 15, 2011
Blanket Drug Ban States Deliberate Indifference Claim by U.S. District Judge William C. Lee has denied a motion to dismiss filed by Tippecanoe County in a suit that alleges deliberate indifference by Tippecanoe County Jail staff. The lawsuit, filed by Randy Wethington, alleges that jail medical staff refused to provide …
Article • November 15, 2011
Class Certification of Dental Claims against Cook County Denied by U.S. District Judge Harry D. Leinenweber denied class certification to a group of current and former pretrial detainees suing the Cook County Jail for inadequate dental care. Vincent Smith and several other current and former Cook County pretrial detainees sued …
Article • November 15, 2011
Filed under: Diabetes, Police, False Arrest
Diabetic Indiana Man Receives $400,000 for False Arrest by An Indiana federal jury ruled in favor of a diabetic man erroneously arrested following a traffic accident. The jury awarded $400,000 for the man’s continued detention after his illness became known. Michael Overton was arrested, with the assistance of dogs and …
Article • November 15, 2011
$165,000 Settlement over Forced “Cold Turkey” Withdrawal from Prescribed Medication by A California prisoner received a $165,000 settlement in a civil rights action alleging deliberate indifference to his serious medical needs surrounding his forced “cold turkey” withdrawal from medication prescribed by prison doctors. Prisoner Charles Strain was prescribed medication for …
Article • November 15, 2011
$850,000 Federal Jury Award in Indiana Police Beating Suit by On April 14, 2011, an Indiana federal jury awarded $850,000 to a man beaten by police during arrest. According to court papers, Percy Perry was trying to take a window out of an abandoned building in Gary, Indiana when the …
Article • November 15, 2011
Tennessee Prison System Ruled Unfit for Human Habitation by The U.S. District Court of Tennessee determined the living conditions of Tennessee’s prisons were unfit for human habitation. Officials have known since 1937 what was necessary to correct prison housing problems, but failed to do so. The overcrowding exacerbated all other …
Article • November 15, 2011
Whether Prisoner Officials’ Actions Constitute Deliberate Indifference not Subject to Expert Opinion by U.S. District Judge John Steele granted in part and denied in part a motion in limine seeking to preclude expert opinion on whether the actions of prison officials constituted deliberate indifference. Michelle Goebert, a former Lee County, …
Article • November 15, 2011
Filed under: Medical, Medical Expenses
California: County Not Liable For Precommitment Arrestees' Medical Costs by John Dannenberg by John E. Dannenberg The California Court of Appeals held that San Diego County was not financially responsible for medical care for precommitment arrestees who received medical care at community hospitals prior to being booked into county jail. …
Article • November 15, 2011
Puerto Rico Independent Prison Medical Services Contractor Not Employee by On November 16, 2010, the First Circuit court of appeals upheld the ruling of a Puerto Rico federal court that an physician who was an independent contractor providing medical services in Puerto Rico prisons was not an employee of the …
Article • November 15, 2011
New York Prisoner’s Medical Experimentation Complaint Improperly Dismissed by The Second Circuit Court of Appeals reversed a New York federal district court’s dismissal of a prisoner’s claim that he was subject to “inhumane treatment” by having medical experiments conducted on him. The 1971 claim of prisoner Otis Clay was brought …
Vermont Court Passes on Resolving Whether Prison Health Services is Subject to Vermont’s Public Records Act by Brandon Sample By Brandon Sample A Vermont Superior Court passed on resolving whether Prison Health Services (PHS) is subject to Vermont’s Public Records Act (PRA). David Sleigh submitted a PRA request to PHS …
Article • November 15, 2011
Summary Judgment Reversed in Vermont DOC’s Suit Against Matrix Health Systems by On March 14, 2008, the Supreme Court of Vermont reversed the trial court's granting of summary judgment to Matrix Health Systems in a suit filed by the Vermont Department of Corrections (DOC) alleging breach of a two-year contract …
Article • November 15, 2011
Filed under: Medical, Vision
$80,000 Settlement Reached in Eye Damage Suit against Washington Department of Corrections by An $80,000 settlement was reached in a suit filed against the Washington Department of Corrections (WDOC) for medical negligence resulting in partial loss of vision. In October 1997, Jerry Wilms was a prisoner at McNeil Island Corrections …
Article • November 15, 2011
Filed under: Medical, Urinary
CDOC Agrees to Pay $5,000 to Resolve Medical Indifference Suit by On May 13, 2009, the California Department of Corrections (CDOC) agreed to pay $5,000 to a prisoner who received deliberately indifferent medical care. According to Humberto Preciado’s 42 U.S.C. § 1983 suit, medical staff at Chuckawalla Valley State Prison …
Article • November 15, 2011
$2,000 Settlement Reached over Washington Guards' Neglect of Prisoner's Leg Injury by A $2,000 settlement was reached in an Eighth Amendment complaint against prison guards and medical staff in the Washington Department of Corrections (WDOC). On June 29, 2001, Chorner Brown, a prisoner housed at Stafford Creek Correctional Center, had …
Article • November 15, 2011
Filed under: Medical, Kidney
Washington Department of Corrections Pays $4,500 Settlement for Prisoner’s Permanent Kidney Damage by A $4,500 settlement was reached in a medical negligence suit filed against the Washington Department of Corrections (WDOC). Between April 9, 1998 and January 13, 1999, Keith Fair was a prisoner being held by WDOC at the …
Article • November 15, 2011
Filed under: Medical, Misdiagnosis, Muscular
Misdiagnosed Achilles Tendon Rupture Nets $5000 Settlement for Washington Prisoner by A $5,000 settlement was reached in a medical negligence claim against the Washington Department of Corrections (WDOC). Oliver M. Wright was a prisoner at Stafford Creek Correctional Center when he suffered a ruptured Achilles tendon in his left leg …
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