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Article • August 15, 2009 • from PLN August, 2009
Fourth Circuit Upholds Prisoner Exclusion in Virginia FOIA by The Fourth Circuit Court of Appeals upheld the constitutionality of excluding prisoners from the right to obtain public records under Virginia’s Freedom of Information Act (FOIA), Va. Code Ann. §§ 2.2-3700 to 3704 (2005). Joseph M. Giarratano, a Virginia state prisoner, …
$226,000 Workers’ Comp Settlement for Pennsylvania Guard Scarred by MRSA by A Pennsylvania prison guard who contracted a staph infection that caused facial scarring has settled a workers’ compensation claim for $226,000. While employed at the Graterford Prison in 2003, guard Carol Snyder contracted an infection. She awoke on the …
Article • July 15, 2009 • from PLN July, 2009
$30,000 Settlement in Milwaukee Jail Death by The City of Milwaukee and other city officials settled a case involving a man who died in jail for $30,000. The case was published in April 2008. Felix Hopgood, 38, was arrested for shoplifting in July 2003. About 2½ hours after his arrest, …
University of Arizona Releases Report on Women Immigration Prisoners by Matthew Clarke by Matt Clarke In January 2009, the Southwest Institute for Research on Women (SWIRW) and the Bacon Immigration Law and Policy Program of the University of Arizona published a report on women held in Arizona immigration prisons. It …
$4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner by David Reutter by David M. Reutter When 27-year-old Jonathan Magbie entered the District of Columbia Jail to serve a 10-day sentence, he was a quadriplegic confined to a mouth-operated wheelchair. Four days later he was dead. D.C. Superior Court Judge …
No Qualified Immunity for Pepper Spraying Alabama Prisoner; Case Settles After Remand by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals held that pepper spraying a prisoner, keeping him in a small cell for longer than necessary to gain his compliance, and not allowing him to …
Article • July 15, 2009
Class Claims for Injunctive Relief in HPC Suit Dismissed as Moot by U.S. District Judge Noel L. Hillman has dismissed as moot class claims brought by a group of New Jersey prisoners alleged to have been unreasonably exposed to Hepatitis C (HPC). Walter Bennett on behalf of all others similarly …
Article • July 15, 2009 • from PLN July, 2009
$3,200 Awarded to Indiana Jail Prisoner for Negligent Medical Care by On December 2, 2008, a federal jury awarded Richard Petrig, a former prisoner, $3,200 for negligent medical care. Petrig was attacked by his cellmate while incarcerated at the Posey County Jail in Indiana. After the attack, Petrig told jail …
Marin County Agrees to Pay $300,000 to Prisoner Severely Injured After Being Denied Psych Meds by On September 13, 2006, the County of Marin, California agreed to settle a lawsuit brought by a former Marin County prisoner who severely injured himself after being denied psychiatric medications. Jacob Neitzel had a …
Article • July 15, 2009
Protective Order Entered in Hepatitis C Cases by U.S. Magistrate Judge Joel B. Rosen has entered a protective order in a group of lawsuits challenging the New Jersey Department of Corrections’ (NJDOC) policies regarding the screening and treatment of Hepatitis C. The protective order was entered with the consent of …
Protective Order Entered to Protect Against Disclosure of Information Regarding Immigration Detainees by U.S. Magistrate Judge P. Michael Mahoney has entered a protective order in a case over the adequacy of medical care provided to a now deceased Immigration and Customs Enforcement (ICE) detainee. Judge Mahoney’s protective order came after …
Court Allows Deliberate Indifference Claim for Denial of Medication to Proceed by U.S. Magistrate Judge B. Janice Ellington has allowed a 42 U.S.C. § 1983 action to move beyond screening. The action, brought by a former Nueces County Jail prisoner, alleges that jail officials were deliberately indifferent in providing the …
Article • July 15, 2009
Pennsylvania Prisoner Properly Exhausted Claims in Medical Diet Case by On November 4, 2008, a Pennsylvania district court denied summary judgment in the case of Pennsylvania prisoner, Richard Young. Young, represented by Meghan E. Jones-Rolla of Meyer, Darragh, Buckler, Bebenek, and Eck in Pittsburgh, filed a Section 1983 claim alleging …
Article • July 15, 2009
Prison Officials Entitled to Make Medical Decisions for Delusional Prisoner by California’s Fifth Appellate District has held that a court’s decision to grant prison administrators authorization to consent to medical treatment on a prisoner’s behalf was proper. The decision to grant a prison doctor’s petition under Probate Code section 3201 …
Montana Agrees to Improve Prison Conditions for Female Prisoners by On November 22, 1994, the State of Montana agreed to settle a class action suit brought by female prisoners incarcerated at the Women’s Correctional Center (WCC). The plaintiffs alleged that the state (1) was deliberately indifferent to their serious health …
No Damage Award for Emotional Injury Where Underlying Harm is De Minimis by The U.S. District Court for the District of Arizona has granted in part and denied in part a summary judgment motion filed by the Durango Jail in a civil rights action challenging unsanitary conditions. Aaron Wittkamper sued …
Article • July 15, 2009
No Jury Bias in Trial of Prisoner’s Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit rejected a prisoner’s attempt to obtain a new trial of deliberate indifference claims based on jury bias. Gilbert Arreola sued Mohammed Choudry, a prison doctor, for deliberately indifferent treatment of …
PHS’s Policy of Profits over Medical Care Results in Death of Pregnant Prisoner’s Fetus by The Eleventh Circuit Court of Appeals has held that a prisoner is not required to exhaust administrative remedies that jail officials do not let prisoners know exist. Additionally, the appellate court held that a jail …
Article • July 15, 2009
Medicare Is “Victim” Under Pennsylvania Restitution Statute by Medicare is a “victim” for the purpose of receiving restitution under Pennsylvania law, the Superior Court of Pennsylvania decided July 16, 2008. Gregory Ricky Brown was ordered to pay $509.65 to Medicare as restitution for a criminal offense. Brown appealed, arguing that …
Article • July 15, 2009
Court Rejects Self-Analysis Privilege; Orders Jail Officials to Comply with Subpoena by U.S. Magistrate Judge Diane Welsh has granted a motion to enforce a subpoena for records in a class action suit challenging the adequacy of medical care at the Bucks County Correctional Facility in Pennsylvania. The plaintiffs served a …
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