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Administrative Exhaustion “Yardstick” Under PLRA is Prison Grievance Procedures by by David Reutter The Third Circuit U.S. Court of Appeals has held in an unpublished ruling that the determination as to whether a prisoner has “properly” exhausted a claim is based on an evaluation of the prisoner’s compliance with institutional …
Article • January 15, 2009
Delaware Prisoner’s Medical Claim Reinstated by by David M. Reutter The Delaware Supreme Court has reversed a New Castle County Superior Court’s summary dismissal of a prisoner’s lawsuit raising medical negligence and constitutional claims, which alleged prison authorities had failed to treat his serious medical needs. Delaware Correctional Center (DCC) …
Article • January 15, 2009
Filed under: Medical, HIV/AIDS
Florida’s Impact Rule Exception Exists for Negligent Disclosure of HIV Test by by David M. Reutter Florida’s Supreme Court has held that a laboratory or health service provider has a duty to maintain the confidentiality of an HIV test, and that the state’s “impact rule” does not bar a cause …
Medical Contractors Are Not State Employees Under Nebraska Law by The Eighth Circuit Court of Appeals has held that a contract medical service provider is not a state employee under Nebraska law; thus, a prisoner is not required to exhaust administrative remedies under the Nebraska State Tort Claims Act (NSTCA) …
Brief • January 1, 2009
Rosen v. New York, NY, Pltff Motion, Opp to MSJ, 2009 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------------------X JESSE ROSEN, Plaintiff, -againstTHE CITY O FNBEW YORK, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, PRISON HEALTH SERVICES, INC., MARTIN F. HORN, Commisioner of the New York City of …
Rice v. City and County of Denver Co, Order Denying Def Mot for Protective Order, Wrongful Death, 2008 Westlaw Delivery Summary Report for SATAWA,MARK Date/Time of Request: Client Identifier: Database: Citation Text: Lines: Documents: Images: Friday, December 26, 2008 12:51 Eastern TMLOEB DCT Slip Copy 442 1 0 The material …
Article • December 15, 2008 • from PLN December, 2008
Filed under: Medical, HIV/AIDS
Canadian Prisoner Recognized for Advocacy on Prisoner Health Issues by Canadian Prisoner Recognized for Advocacy on Prisoner Health Issues The Canadian HIV/AIDS Legal network and Human Rights Watch has recognized people and organizations that protect the rights and dignity of those living with or affected by HIV and AIDS. Peter …
NIC Report: Wisconsin Jails Racist and Dangerous by Gary Hunter On January 31, 2008, the National Institute of Corrections (NIC) issued a 139-page report detailing numerous flaws in the Milwaukee, Wisconsin jail system. The Milwaukee House of Correction (HOC), the Community Corrections Center (CCC) and the County Jail Facility (CJF) …
Article • December 15, 2008 • from PLN December, 2008
Alabama Policy Denies Work Release to HIV/AIDS Infected Prisoners by David Reutter Alabama Policy Denies Work Release to HIV/AIDS Infected Prisoners by David M. Reutter Citing a 2004 settlement that requires proper care for prisoners infected with HIV or AIDS, the Alabama Department of Corrections (ADOC) is denying such prisoners …
Article • December 15, 2008 • from PLN December, 2008
$2.75 Million Settlement in New York Prisoner’s Loss of Sight Claim by The New York State Department of Correctional Services has agreed to pay $2.75 million to a prisoner who lost her eyesight due to deficient medical care by prison doctors. The July 2007 settlement came in the civil rights …
$1.5 Million Settlement Provided to Immigrant Prisoner Who Lost Leg in Colorado Jail by David Reutter $1.5 Million Settlement Provided to Immigrant Prisoner Who Lost Leg in Colorado Jail by David M. Reutter The insurance company for Colorado’s Park County Jail has agreed to settle a former prisoner’s medical neglect …
Article • December 15, 2008 • from PLN December, 2008
$4.45 Million Verdict in Meningitis Death of Cook County Jail Prisoner by David Reutter $4.45 Million Verdict in Meningitis Death of Cook County Jail Prisoner by David M. Reutter An Illinois federal jury awarded $4.45 million to the mother of a prisoner who died at the Cook County Jail. The …
New Hampshire Prisoner’s ADA Claim Survives Summary Judgment by The First Circuit Court of Appeals reversed a New Hampshire federal district court’s summary judgment order that concluded a prisoner had failed to demonstrate prison officials violated his rights under Title II of the Americans with Disabilities Act (ADA), 42 U.S.C. …
Article • November 15, 2008 • from PLN November, 2008
Monitor’s Second and Third Reports Find Medical Care From CMS for Delaware Prisoners Still Lacking by David Reutter Monitor’s Second and Third Reports Find Medical Care From CMS for Delaware Prisoners Still Lacking by David M. Reutter Despite a monitor to provide oversight, Correctional Medical Services (CMS) continues to suffer …
Article • November 15, 2008 • from PLN November, 2008
Privatized Medical Care in Mississippi Prisons: Another Wexford Failure by David Reutter by David M. Reutter A report submitted to Mississippi’s legislature found serious deficiencies in the delivery of medical care to prisoners in the Mississippi Dept. of Corrections (MDOC). The December 11, 2007 report was issued by the Joint …
Massachusetts Jail Conditions Unconstitutional Says U.S. Department of Justice by Gary Hunter A report released by the U.S. Justice Department (USJD), on May 1, 2008, concluded that conditions in the Worcester County Jail and House of Correction (HOC) in Massachusetts violated the constitutional rights of prisoners in its custody. The …
Article • November 15, 2008 • from PLN November, 2008
CMS Nurse Injects 15 Delaware Prisoners with the Same Syringe by That Delaware prisoners have been subject to dreadful health care by the state’s medical contractor, Correctional Medical Services (CMS), is not a new revelation for readers of PLN. We previously published an exposé on the deaths, injuries and deliberate …
Article • November 15, 2008 • from PLN November, 2008
HIV Cases in U.S. Prisons Decline by by Matt Clarke In September 2007, the U.S. Department of Justice’s Bureau of Justice Statistics released a bulletin showing known cases of prisoners infected with the human immunodeficiency virus (HIV) and those with confirmed AIDS declined for the sixth straight year in 2005. …
Article • November 15, 2008 • from PLN November, 2008
Incarcerated New York Women Denied Access to Reproductive Health Care by Gary Hunter Incarcerated New York Women Denied Access to Reproductive Health Care by Gary Hunter According to a March 4, 2008 study by the New York Civil Liberties Union (NYCLU) female prisoners in New York county jails consistently were …
BOP Administrative Tort Claims Fail to Satisfy PLRA’s Exhaustion Requirement by BOP Administrative Tort Claims Fail to Satisfy PLRA’s Exhaustion Requirement The Second Circuit Court of Appeals held that a federal prisoner’s administrative tort claims did not satisfy the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA), but …
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