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Brief • March 3, 2011
Alvarez v. West Virginia, WV, Complaint, Wrongful Medical Death, 2009 THE CIRCUIT COURT OF COUNTY, WEST VIRGINIA Plaintiffs, v. STATE OF WEST VIRGINIA REGIONAL JAIL & CORRECTIONAL FACILITY AUTHORITY, a department or agency of the State of West Virginia, JOE DELONG, in his official capacity as Executive Director of the …
Brief • February 23, 2011
Napier v. Laurel County, KY, Appeal Brief Petition, PLRA Failure to Treat MRSA, 2011 CASE NO. 09-6239 UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT [FILED ELECTRONICALLY] _______________________________________ LESTER NAPIER, Plaintiff - Appellant v. LAUREL COUNTY, KENTUCKY, et al., Defendants - Appellees. On Appeal from the United States District …
Article • February 15, 2011 • from PLN February, 2011
Michigan Prison Doctor Liable for Late Prostate Cancer Diagnosis by The Sixth Circuit Court of Appeals has held that a prisoner stated sufficient facts to defeat dismissal of his claim alleging a prison doctor was deliberately indifferent to his serious medical needs. However, the appellate court affirmed judgment in favor …
Article • February 15, 2011 • from PLN February, 2011
Florida Woman Settles Lawsuit Against Sheriff’s Officers for $67,500 After Arrest While in Premature Labor by In June 2010, Melanie Dawn Williams, who had been arrested by officers after allegedly running a red light on her way to the St. Vincent’s Medical Center emergency room in Jacksonville, Florida when she …
California: State May Be Liable for Delaying Medical Care to Prisoner’s Infant Child by The California Court of Appeal has held that the State may be vicariously liable for the acts or omissions of its employees in failing to provide needed medical care for an infant living with its mother …
Blind Texas Prisoner Dies after Confrontation with Guards by Thord “Catfish “ Dockray, 42, a blind Texas state prisoner with a history of mental illness, died on May 13, 2010 following a violent altercation with prison guards. Dockray was housed alone in a cell in the medical wing of the …
Disability Rights Vermont Report Faults Staff for Disabled Prisoner’s Death by In June 2010, the advocacy group Disability Rights Vermont (DRV) released a report faulting the staff of the Chittenden Regional Correctional Facility (CRCF) in South Burlington, Vermont in connection with the death of a disabled prisoner. Michael Crosby, 49, …
Physicians for Human Rights: CIA Performed Illegal Medical Experiments While Torturing Prisoners by Matthew Clarke by Matt Clarke According to a report released by Physicians for Human Rights (PHR) in June 2010, the Central Intelligence Agency (CIA) performed illegal non-consensual human medical experiments on high-value terrorism detainees in connection with …
Mississippi DOC Closes Unit 32 by A settlement agreement was reached in June 2010 to close the notorious Unit 32 at the Mississippi State Penitentiary in Parchman. The agreement provides for the dismissal of a lawsuit that challenged conditions at the supermax unit. The American Civil Liberties Union (ACLU), in …
Article • February 15, 2011 • from PLN February, 2011
$450,000 Award in New York Prisoner’s Negligence Claim by A New York Court of Claims has awarded $450,000 for injuries incurred as a result of a prison doctor negligently injecting a corticosteroid directly into a prisoner’s Achilles tendon. Prior to his incarceration in 1988, New York state prisoner Kent Kruemer …
Ninth Circuit Holds Private Prison Companies Can Be Sued Under Bivens for Violating Federal Prisoner’s Rights by Derek Gilna On June 7, 2010, the U.S. Court of Appeals for the Ninth Circuit held that Richard Lee Pollard, a prisoner in the custody of the Federal Bureau of Prisons (BOP) at …
Article • February 15, 2011 • from PLN February, 2011
Texas Pays for Geriatric Prisoners, Rarely Grants Medical Parole by Matthew Clarke by Matt Clarke In the Texas Department of Criminal Justice (TDCJ), geriatric prisoners – those over 55 years old – comprise only 7.3% of TDCJ’s population. However, they account for almost one-third of the prison system’s medical expenses. …
Article • February 15, 2011 • from PLN February, 2011
$42,000 Verdict in Iowa Jail Excessive Force Case by A federal jury has awarded $42,000 to a woman who was placed in a restraint chair for seven hours. On January 25, 2006, while incarcerated at the Scott County Jail in Scott County, Iowa, Lillian Slater had a painful flare-up of …
Federal Prisoner’s Death at FCI Pekin Triggers FBI Investigation by Derek Gilna The November 13, 2009 death of Adam Montoya, a prisoner at the Federal Correctional Institution (FCI) in Pekin, Illinois, resulted in an investigation by the FBI. The Associated Press (AP) reported that “an autopsy concluded that the 36-year-old …
Brief • February 9, 2011
Rhea v. Washington Department of Corrections et al, WA, Settlement, medical neglect, 2011 LEME REL GREE OFC TAN JEAN RHEA v.WASHINGTON DEPARTMENT OF CORRECTIONS, et. al. rt Wes istrict 0 Cause No.1 0-0254 Distri hingto coma AND ONSI TION he su ONE DRED NTY ,0.00), Rhea, irs, ass g r …
Brief • February 4, 2011
Harmon v. Hamilton County, OH, Complaint, 2011 Case: 1:10-cv-00911-SJD Doc #: 3 Filed: 02/04/11 Page: 1 of 14 PAGEID #: 21 IN THE UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION CINCINNATI JOHN HARMON 2250 Endovalley Drive Cincinnati, Ohio 45244 : Case No.: 1:10-cv-911 : Judge Herman J. …
Publication • February 4, 2011
Safety Concerns of a Prisoner Rights Lawyer, Daily Journal, 2011 LOS ANGELES www.dailyjournal.com FRIDAY, FEBRUARY 4, 2011 GOVERNMENT Safety Concerns of a Prisoner Rights Lawyer By Jane Kahn A s part of the small talk that happens during holiday gatherings and at other events during the year, people ask me …
Medical Examiners Lack Qualifications, Competence, Oversight by Matthew Clarke by Matt Clarke Most people will only have direct contact with a medical examiner, also known as a forensic pathologist, after they are dead. Thus, medical examiners have a certain mystic quality and are perceived as both doctors and sleuths who …
St. Louis Lockups Violate Constitutional Rights, ACLU Asserts by Mark Wilson A troubling investigative report by the American Civil Liberties Union of Eastern Missouri (ACLU-EM) has exposed a culture of abuse, corruption and cover-ups at the City Justice Center and the Medium Security Institution in St. Louis (CJC/MSI). The most …
Article • January 15, 2011 • from PLN January, 2011
Former Ohio Prison Guard Dies Shackled to Hospital Bed by Matthew Clarke by Matt Clarke For five years, Jeff Maier, 53, was an Ohio prison guard. Then for 13 months he was an Ohio state prisoner. The change from one side of the bars to the other occurred after Maier …
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