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Second Circuit: Subjective Standard Applies to Pretrial Detainee Due Process Claims by On September 22, 2009, the Second Circuit joined the 1st, 4th, 5th, 6th, 7th, 8th, 10th and 11th circuits in holding that the subjective standard for deliberate indifference set forth by the U.S. Supreme Court in Farmer v. …
$19.6 Million Verdict in Nassau County New York for Arrestee Run Over By Police by On February 19, 2010, a federal jury awarded $16.6 million to a former construction worker who was run over by a cop in 2005. Thomas Hartman sued Nassau County detective Karl Snelders after Snelders ran …
$800,000 Settlement in Suit Over Diseases Caught at Maricopa County Jail by On December 12, 2005, a former Maricopa County Jail prisoner and his mother settled for $800,000 a suit alleging unsanitary conditions at the jail caused the former prisoner to become seriously ill and suffer permanent injuries. When he …
Article • May 15, 2011
Filed under: Medical, Dental Care
$2500 Settlement for Poor Dental Care by D.C. Corrections by On March 19, 2003, the District of Columbia agreed to pay $2500 to a prisoner to resolve allegations of inadequate medical care. Ondrae Gant went to medical at Central Facility complaining of tooth pain. He had a decaying tooth that …
Article • May 15, 2011
Disabled Washington Prisoner Paid $15,000 for Concussion, Neck Injury by On October 14, 2004, the State of Washington paid $15,000 to settle with a prisoner who was injured when a handicapped shower bench collapsed at the Stafford Creek Correctional Center. The prisoner, who suffered severe neck injury, a concussion, and …
Article • May 15, 2011 • from PLN May, 2011
CA Inspector General Finds 15 of 17 Prisons Demonstrate Low Adherence to Established Medical Policies and Procedures by Michael Brodheim by Mike Brodheim In August 2010, California’s Office of the Inspector General (OIG) issued a report summarizing and analyzing the results of medical inspections at 17 of 33 adult prisons …
Article • May 15, 2011
Washington DOC Agrees to Pay $6,500 to Settle Slip and Fall Claim by On November 14, 2007, the State of Washington agreed to pay a woman who slipped and fell at the entrance of a Department of Corrections (DOC) facility $6,500. Beverly Smith slipped and fell while leaving a DOC …
Article • May 15, 2011
Filed under: Medical, Kidney, Malpractice
Doctor’s Treatment of Prisoner's Chronic Kidney Failure Without Examination States A Claim by The Ninth Circuit reversed the dismissal of a state pro se prisoner's complaint holding that the facts alleged at this early stage may state a claim for medical deliberate indifference. California state prisoner Jessie Watson filed a …
Article • May 15, 2011
$210,385.00 Settlement in Pierce County, Washington Prisoner’s Death by Washington State’s Pierce County paid $210,385.00 to settle a wrongful death suit in a prisoner’s death. Edward J. Devereux was booked into the Pierce County Jail on June 13, 2003. He was seen by Dr. V. G. Halarnaker on June 23, …
Article • May 15, 2011 • from PLN May, 2011
Inadequate Medical Care in Texas Jails Kills Hundreds of Prisoners by Matthew Clarke by Matt Clarke According to information provided by the Texas attorney general’s office, 282 prisoners died due to medical causes in county jails run by the state’s 254 sheriff’s departments between January 2005 and September 2009. That …
Holmes et al. v. Baldwin, IL, Complaint, Mistreatment Deaf Prisoners, 2011 Case: 1:11-cv-02961 Document #: 1 Filed: 05/04/11 Page 1 of 45 PageID #:1 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION RALPH HOLMES, DANIEL BAXTER, GEORGE CHILDRESS, HANNIBAL EASON, CURTIS FOSTER, CURTIS HALTERMAN, BILLY JOHNSON, …
Manuel v. Atkins, DE, Demand for Jury Trial, Injury while Incarcerated, 2011 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KARL B. MANUEL, SBI NUMBER 00332040 Plaintiff, v. SERGEANT ATKINS, an employee at Sussex Violation of Probation Center (SVOP) 23207 Dupont Boulevard, Georgetown, Delaware 19947 WARDEN WILLIAM OETTEL, an …
Gooch v. Buford et al, TN, Complaint, CCA inadequate medical care indifference, 2011 CCA-AF (6/2/14 PRA) 0343 CCA-AF (6/2/14 PRA) 0344 CCA-AF (6/2/14 PRA) 0345 CCA-AF (6/2/14 PRA) 0346 CCA-AF (6/2/14 PRA) 0347 CCA-AF (6/2/14 PRA) 0348 CCA-AF (6/2/14 PRA) 0349
Seventh Circuit Remands Illinois “Crutch Policy” Case; District Court to Evaluate Class Certification for Damages by Mark Wilson The Seventh Circuit Court of Appeals affirmed a lower court’s denial of class certification for injunctive relief, but remanded for further consideration of class certification for damages in an Illinois jail medical …
Article • April 15, 2011
Purposeful Exposure to Ultraviolet Light Warrants Denial of Qualified Immunity by On March 25, 2010, the U.S. Court of Appeals for the Eight Circuit affirmed in part a summary judgment denial is a 42U.S.C. §1983 suit that alleges Arkansas prison guards maliciously and out of retaliation exposed a prisoner to …
Article • April 15, 2011
ICE Settles Deliberate Indifference Lawsuit for $47,500 by The U.S. Immigration and Customs Enforcement agency (ICE) paid $47,500 to settle a lawsuit alleging deliberate indifference to a detainee’s medical needs. A Haitian woman, identified only as “Rosemarie M.” in court documents, had suffered daily bleeding for months in the summer …
Article • April 15, 2011
Missouri Man Awarded $300,000 Following Taser Incident by In December 2009, officials in Missouri City, Missouri agreed to pay a $300,000 settlement to prevent future litigation relative to a July 2008 incident in which Phillip Lee McDuffy, 46, was critically injured after being Tasered by police. Kansas City attorney Todd …
Article • April 15, 2011
Filed under: Medical, Cancer
Virginia Prisoner’s 8th Amendment Claims Dismissed by From January 1994 to September 1994, Darrell Coppage was a prisoner at the Rappahanock Security Center (RSC) in Virginia. For several months of his stay at RSC, Coppage experienced pain, paralysis, and incontinence due to an undiagnosed cancerous tumor at the base of …
Article • April 15, 2011
Wackenhut Settles Wrongful Death Suit for $300,000 by Wackenhut Corrections Corporation paid $300,000 to settle a wrongful death suit filed by the minor children of prisoner Lisa Ann Lowdermilk. The complaint alleged that while at Broward County work release, Lowdermilk died due to the negligence of Wackenhut employees Kenneth Day, …
Article • April 15, 2011
Pennsylvania Prisoner’s Negligence Claim Denied by On March 19, 2008, Pennsylvania prisoner John McCool filed a medical negligence claim against the Pennsylvania DOC and various officials and employees for their improper treatment of his medical condition. The district court sua sponte dismissed his complaint on June 4, 2008 partially under …
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