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Article • November 15, 2010 • from PLN November, 2010
“Grill” Removal Results in $95,000 Settlement by Tennessee Jail by A Tennessee man whose “grill” was ripped off by a sheriff’s deputy has received a $95,000 pre-litigation settlement. While Anthony McCoy was being processed into the Davidson County Jail for failing to pay child support, McCoy had his gold “grill” …
Prisoner Deaths Continue at King County Jail Despite DOJ Intervention by Mark Wilson A rash of detainee deaths at the King County Correctional Facility (KCCF) in Seattle, Washington prompted the U.S. Department of Justice (DOJ) to open an investigation into conditions at the jail on October 30, 2006. As the …
Article • November 15, 2010 • from PLN November, 2010
Filed under: Medical, Medical Expenses
North Carolina Lacks Control and Overpays for Prisoner Health Care by David Reutter by David M. Reutter North Carolina’s Department of Corrections (NDOC) has inadequate procedures to contain prisoner medical costs and it overpays for prisoner medical care, concludes a fiscal control audit issued by the state’s auditor. NDOC spends …
Article • November 15, 2010 • from PLN November, 2010
Ninth Circuit Rebuffs California’s Attempt to Terminate CDCR Medical Receivership by Michael Brodheim In a strongly worded opinion, the Ninth Circuit affirmed the district court’s denial of a motion filed by California state officials to terminate the receivership established in 2006 to oversee and manage delivery of medical care to …
Munson v. Kimble, IL, Complaint, Medical Neglect, 2010 Case 3:10-cv-00051-MJR-SCW Document 21 Filed 11/08/10 Page 1 of 6 Page ID #162 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JAMES MUNSON, Plaintiff, vs. MICHAEL KIMBLE, D.M.D., SERVE: 101 S. 2ih Street Mount Vernon, IL 62864 Defendant. …
Brief • November 8, 2010
Belvett v City of NY, NY, Order of Settlement, excessive force failure to treat, 2010 Case 1:09-cv-08090-VM-AJP Document 46 Filed 11/08/10 Page 1 of 4 Case 1:09-cv-08090-VM-AJP Document 46 Filed 11/08/10 Page 2 of 4 Case 1:09-cv-08090-VM-AJP Document 46 Filed 11/08/10 Page 3 of 4 Case 1:09-cv-08090-VM-AJP Document 46 Filed …
Pryor v. Wayne County, MI, Affidavit - Eiser, MDOC jail inmate assault, 2010 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION 2 3 4 EDWARD PRYOR, 5 6 7 8 Plaintiff, vs. WAYNE COUNTY, and WAYNE COUNTY SHERIFF’S COMMANDER JEROME PANACKIA, et al. …
Brief • October 28, 2010
Riker v. Gibbons, NV, Order Approving Settlement, Medical Conditions, 2010 Case 3:08-cv-00115-LRH-VPC Document 174 Filed 10/28/10 Page 1 of 15 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 DISTRICT OF NEVADA 8 9 DAVID RIKER, et al., 10 Plaintiffs, 11 vs. 12 JAMES GIBBONS, et al., 13 …
Article • October 15, 2010 • from PLN October, 2010
Limitations Period in Suit Over Delay in Providing Surgery Begins When Prisoner is Recommended for Surgery by Brandon Sample The statute of limitations in a lawsuit claiming medical negligence by prison officials in delaying a prisoner’s surgery begins to accrue when the prisoner is first recommended for surgery by a …
Article • October 15, 2010 • from PLN October, 2010
Expanded Eligibility for New York Medical Parole Has Little Effect by Matthew Clarke by Matt Clarke In April 2009, New York passed a statutory amendment that expanded the state’s compassionate release program for terminally ill prisoners. The amendment permitted medical parole for prisoners convicted of certain violent crimes who were …
$3.125 Million in Settlements in Oregon Prisoner’s Beating Death by On July 2, 2009, the estate and family of a mentally ill Oregon man who died in police custody settled claims against Multnomah County, a former deputy sheriff and jail nurses for $925,000. The case remained pending against the City …
U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff by Brandon Sample On May 3, 2010, the U.S. Supreme Court held that employees of the U.S. Public Health Service (PHS) may not be sued for constitutional violations under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). …
Brief • October 14, 2010
Riker v. Gibbons, NV, Memo Supporting Pltffs Motion to Approve Class Action, Medical Treatment, 2010 1 2 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEVADA 3 4 DAVID RIKER, et al., 5 6 7 8 Plaintiffs, v. JAMES GIBBONS, et al., Case No. 3:08-cv-00115-LRH-VPC MEMORANDUM OF POINTS AND AUTHORITIES …
Publication • October 1, 2010
Healthcare Copay Report, 2010 - Bureau of Prisons Federal Prisoner Health Care Copayment Act of 2000 Report to Congress Status Report: October 2010 Legislative Summary: On October 12, 2000, the President signed into law the Federal Prisoner Health Care Copayment Act of 2000 (P.L. 106-294) (codified at 18 U.S.C. § …
Brief • September 17, 2010
Rhea v. Washington Department of Corrections et al, WA, Order, medical neglect, 2010 Case 2:10-cv-00254-BHS-KLS Document 24 Filed 09/17/10 Page 1 of 7 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 JEAN RHEA, Plaintiff, 11 12 13 No. …
$35,000 Settlement in Indiana Jail Failure to Protect and Medical Care Suit by David Reutter by David M. Reutter & Mark Wilson Indiana’s Marion County Jail (MCJ) has paid $35,000 to settle a federal civil rights complaint that alleged deliberate indifference to a prisoner’s safety and serious medical needs. The …
Article • September 15, 2010 • from PLN September, 2010
Boulder Weekly Investigation Ends the Practice of Shackling Colorado Prisoners in Labor by Pamela White Ryan Owens caught her first case at age 27 after becoming addicted to methamphetamine. She was sent into treatment, but relapsed almost immediately after graduating. When she got into trouble again, she went on the …
Article • September 15, 2010 • from PLN September, 2010
Mississippi Stops Segregating HIV-positive Prisoners by On March 17, 2010, the American Civil Liberties Union announced that the Mississippi Department of Corrections (MDOC) had agreed to stop segregating prisoners with HIV. The policy change followed two decades of efforts by the ACLU, Human Rights Watch (HRW) and other advocacy organizations. …
New York City Jail Prisoner Awarded $1.3 Million in Deliberate Indifference to Assault Claim by A New York federal jury awarded $1 million to Steve Tatum for severe injuries he sustained as a pre-trial detainee when he was assaulted by other prisoners at the Rikers Island jail. The district court …
14 Years of Litigation Fails to Remedy Deficient Jail Medical Care; Herrera Saga Continues in Washington State by by Mark Wilson In 1996, Tacoma, Washington officials settled a class-action federal lawsuit over unconstitutional conditions and insufficient health care at the Pierce County Jail (PCJ). Fourteen years later, however, prisoners continue …
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