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Seventh Circuit Reverses Dismissal of 8th Amendment and FTCA Medical Claims; Case Settles on Remand for $20,000 by The U.S. Court of Appeals for the Seventh Circuit has reversed, for the second time, a grant of summary judgment to two Bureau of Prisons (BOP) medical employees and the United States …
Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit has reversed a grant of summary judgment to a Bureau of Prisons (BOP) doctor accused of denying a death row prisoner needed eye surgery. Arboleda Ortiz, a …
Los Angeles County Jail Agrees To Pay $900,000 to Settle Lawsuit over Inadequate Medical Care by Los Angeles County has agreed to pay $900,000 to a prisoner who lost his foot after staff at the Los Angeles County Sheriff’s Department (LASD) in California delayed processing a culture test that later …
Article • January 15, 2010 • from PLN January, 2010
Discovery Disputes in Suit Over Pennsylvania Jail MRSA Deaths by Matthew Clarke by Matt Clarke A Pennsylvania federal court has ordered medical personnel to answer deposition questions in a case involving the deaths of two prisoners due to MRSA at the Allegheny County jail. The court also appointed a special …
Massachusetts Court of Appeals Reinstates Prisoner’s Dental Negligence Suit by Andrew W. Kilburn, a Massachusetts state prisoner, filed suit in state superior court alleging negligence and violation of the Eighth Amendment by Department of Correction (DOC) officials and medical personnel employed by Correctional Medical Services (CMS) and University of Massachusetts …
Article • January 15, 2010
Judgment for Guards who Allegedly Sodomized and Burned Prisoner Upheld by On January 27, 2009, the U.S. Court of Appeals for the Seventh Circuit affirmed a grant of summary judgment for two guards accused of providing deliberately indifferent medical care and a jury verdict in favor of the guards on …
Article • January 15, 2010
Qualified Immunity Awarded to Guards for Restraint Necessitating Amputation by The Court of Appeals of Georgia has affirmed the grant of qualified immunity for two Glynn County Detention Center (GCDC) guards accused of violating a prisoner’s civil rights resulting in leg amputation. Diana Whitten was arrested for a probation violation …
Article • January 15, 2010
Sacramento County Settles Jail Medical Neglect Claim for $1,000 by On December 13, 2005, the County of Sacramento, California settled a claim against it for the medical neglect a prisoner in the Sacramento County Jail suffered in 2004. Jose Del Toro, filed a claim against the Sacramento County alleging that, …
Article • January 15, 2010
Seventh Circuit Reverses Dismissal Of Medical Care Claims by The U.S. Court of Appeals for the Seventh Circuit has reversed the dismissal of a prisoner’s 42 U.S.C. § 1983 action claiming deliberately indifferent medical care. Vantice Beshears alleged that while incarcerated at the Champaign County Jail, medical staff prescribed and …
California DOC’s Former Healthcare Receiver Overpaid Staff Benefits by $218,790 by Marvin Mentor A February 2008 “disbursement review” report by California’s Inspector General (IG) revealed that the state’s former federal court-appointed prison healthcare Receiver, Robert Sillen, had expended hundreds of thousands of dollars in questionable expenses for travel, in-lieu employee …
$26,000 Settlement for Public Records Violations by Washington Jail by Washington state’s Kitsap County Jail paid $26,000 to settle an Americans with Disabilities Act (ADA) claim that resulted in “catastrophic injuries” to a prisoner. The claim also asserted violations of Washington’s public records law. The claim was filed on behalf …
Brief • January 1, 2010
Filed under: Medical, HIV/AIDS, Skin, Hepatitis
Donald v. NWFRC, FL, Interrogatories, Negligent Medical Care, 2010 Interrogatories to Dr. Frank Johanson The Plaintiff sets forth the following definitions particular to this litigation: A. “Department” means the Florida Department of Corrections. B. “Decedent” means Vermon Donald. C. The matter sued upon means the treatment of Vermon Donald between …
Brief • January 1, 2010
Filed under: Medical, HIV/AIDS
Donald v. NWFRC, FL, Interrogatores, FDOC Medical Care, Treatment Care Costs and Procedures Chronically Ill Inmates, 2010 Discovery sets DonaldV Interrogatories Time frame: if not otherwise specified, time frame of matter sued upon: 05/30/08 to 07/16/10. FDOC What is FDOC design capacity; operable capacity? Samuel Culpepper What cross-check with health …
Federal Court Holds Enemy Combatant Detainee May Sue Government Officials by On June 12, 2009, a federal district court in California ruled that a U.S. citizen detained in the U.S. as an enemy combatant could sue a high-ranking federal official who promulgated legal opinions on policies that led to the …
Article • December 15, 2009
$4.6 Million Federal Jury Award to New York Man Pushed Off Roof by Cop by On April 7, 2009, a New York federal jury awarded $4.2 million to a man who was rendered paraplegic when a rookie cop pushed him off a roof. Shawn Lewis, 32, was chased to the …
Experts Designated and Defendants Ordered to Give Plaintiffs' Attorneys Access to Jails and Records in Maricopa County Jail Medical Suit by On January 28, 2009, a Phoenix federal judge appointed experts to evaluate medical and mental health care in the Maricopa County, Arizona jails, and assist in developing a remedial …
Article • December 15, 2009 • from PLN December, 2009
$91,059.83 in Damages, Fees and Costs Awarded to Alabama Prisoner Beaten by Guard by An Alabama federal jury has awarded $20,000 in compensatory and punitive damages to a man beaten by a guard at the Lauderdale County Detention Center (LCDC). The lawsuit alleged that LCDC guard Philip King was aware …
$150,000 Settlement in Tennessee Jail Beating by Sullivan County, Tennessee has paid $150,000 to settle the claim of a former prisoner who was beaten at the county’s jail. The suit alleged the sheriff’s department failed to properly train and supervise jail guards, deliberately placed the prisoner in a dangerous situation, …
Article • December 15, 2009
$15,000 Settlement for Amputated Finger by On February 2, 2007, Anthony Jose Gonzales accepted a $15,000 settlement from Sacramento County, California for the loss of his right-middle finger, which was amputated due to infection while he was being held in the County's Main Jail for drug possession. The settlement was …
$58,333 Settlement for Transgendered Woman’s Sacramento Jail Assault and Sexual Harassment by California’s County of Sacramento has paid $58,333.33 to settle the lawsuit of Richardo Medina-Tejada, who claimed that as a post-operative transgender male-to-female pretrial detainee at the Sacramento County Jail, she was placed in housing with male prisoners who …
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