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Suit Over NY Protective Custody Conditions Dismissed by The plaintiffs complained of conditions in protective custody. They could not represent a class because they were proceeding pro se. The case is dismissed for non-exhaustion. Even if one plaintiff's letters of complaint were adequate to exhaust (which they probably are not), …
Article • May 15, 2007
Jail Denial of Asthma Inhaler Upheld by The plaintiff was deprived of his asthma inhaler when he was jailed, supposedly pursuant to state standards stating that "all medications must be secured and accessible only to designated staff," and also because inhalers can be fashioned into weapons or produce a high …
Article • May 15, 2007
Forcible Drugging of IL Prisoner Upheld by The plaintiff complained of being medicated against his will. Defendants followed their procedures, which are constitutional, except that the plaintiff never received a decision on his appeal to the Medical Director. At 880: ". . . [T]he failure of the prison officials to …
Suit over Door Injury Medical Co-Pay Dismissed by The plaintiff alleged that he was injured when a metal door closed on him and that he waited 90 minutes for medical attention. The claim about the door is dismissed as constituting only negligence. The medical care claim is dismissed for lack …
Psychotropic Medication Claim Requires Expert Testimony by The plaintiff alleged that the defendant contract psychiatrist subjected him to unnecessary psychotropic medications in excessively high doses. The plaintiff failed to show he had a serious medical need; such a claim "must be supported by medical evidence, such as a physician's diagnosis, …
Article • May 15, 2007
Court Upholds North Dakota Prisoner's Forced Drugging by The plaintiff was involuntarily administered psychotropic medications, after a hearing, based on his uncontrolled assaultive behavior and his evident paranoia and its consequences. At 1054-55: A competent adult has the right to refuse medical treatment. . . . Courts have based this …
Denial of HIV Treatment Suit against BOP, CCA Dismissed by The plaintiff complained that he did not get adequate HIV treatment in the District of Columbia system because the Federal Bureau of Prisons failed to transfer his medical records (though they did send a piece of paper saying he was …
Prison Officials Cannot Refuse to Process Grievances by The plaintiff's injunctive claims against prison officials are moot because he has been transferred to another prison. Use of Force (815): The plaintiff's allegation that officers used excessive and unnecessary force against him states a claim. Medical Care--Standards of Liability--Deliberate Indifference (816): …
Article • May 15, 2007
Defendant Drugged for Federal Murder Trial by The criminal defendant, accused of killing two Capitol Police officers, was involuntarily medicated to render him competent to stand trial. The court holds that his progress, the reasonableness of the government's request for a six-month continuance, and the medical appropriateness of the treatment …
West Virginia Prisoner's Claiming Physical or Sexual Abuse Exempt from Administrative Exhaustion Req by West Virginia Prisoner's Claiming Physical or Sexual Abuse Exempt from Administrative Exhaustion Requirement The Supreme court of Appeals of West Virginia has held that a prisoner alleging past, current, or imminent physical or sexual abuse is …
Article • May 15, 2007
Eye Damage Cause by TB Medication Suit Dismissed for Failure to Exhaust by The plaintiff suffered severe visual damage from TB medication. He didn't exhaust against the nurse who made him take the medication and ignored his complaints of side effects. Non-exhaustion is not excused by the fact that he …
Article • May 15, 2007 • from PLN May, 2007
Suit For Untreated Diabetic Prisoner’s Death In Los Angeles County Jail Lobby Settled For $700,000 by Suit For Untreated Diabetic Prisoner's Death In Los Angeles County Jail Lobby Settled For $700,000 The Los Angeles County Claims Board settled out a wrongful death lawsuit for $700,000 that resulted from a jail …
Forced Psychotropic Drugging Verdict of $17,000 Affirmed by The court of appeals for the Seventh circuit held that a jury had. properly found in favor of an Illinois prisoner who was forcibly drugged with psychotropic drugs. The plaintiff was an Illinois prisoner in fear of his life after being threatened …
Trial Required for Fatal Head Injury by The court of appeals for the Ninth circuit held that a trial was required to determine if Imperial, California jail officials were deliberately indifferent to the serious medical needs of a pretrial detainee who fell and fractured his skull then later died. The …
Article • May 15, 2007
Sixth Circuit Orders New Trial in Prisoner's Medical Care Complaint by The U.S. Sixth Circuit Court of Appeals has remanded for a new trial the judgment of a Kentucky district court granting a directed verdict in favor of county officials in a prisoner's denial-of-medical-care claims. Barry Lynn Walker suffers from …
Divided Tenth Circuit Panel Reverses Jail Prisoner's Dismissed Claims by In a decision producing three separate opinions, a panel of the U.S. Tenth Circuit Court of Appeals has partly reversed a Kansas Federal District Court decision dismissing a former prisoner's claims against the Wyandotte County [Kansas] Jail. Wesley I. Purkey …
Article • May 15, 2007
Denial of Physical Therapy States Claim Under 42 U.S.C. §1983 by Denial of Physical Therapy States Claim Under 42 U.S.C. §1983 The U.S. Seventh Circuit Court of Appeals held that denial of physical therapy and pain medication to a paraplegic prisoner stated a colorable constitutional claim under 42 U.S.C. §1983. …
Article • May 15, 2007
Dismissed Medical Claims Reversed by Federal Tenth Circuit by The Tenth Circuit Court of Appeals has reversed a Kansas Federal District Court's dismissal of a state prisoner's 42 U.S.C. §1983 complaint. Donald Halpin is a Kansas Department of Corrections (KDOC) prisoner transferred from the Florida Department of Corrections under the …
Article • May 15, 2007
Filed under: Medical, Medication, Blood, Stroke
Washington DOC Settles Stroke Suit for $111,000 by The Washington Department of Corrections agreed to pay $111,000 to settle a prisoner's lawsuit in which he claimed to have suffered permanent injuries after DOC doctors discontinued his heart medication. The settlement was finalized on October 22, 2002 in the Snohomish County …
Article • May 15, 2007
Denial of Orthopedic Shoes for 21 Months Defeats Summary Judgment by An Oregon federal district court has held that prison officials at the Snake River Correctional Center could be liable for delaying adequate treatment of a prisoner's spastic paralysis, which resulted in a chronic case of claw foot. The prisoner, …
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