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Denial of Cooking Class Attendance for Refusing HIV Test Upheld by The plaintiff complained that he was excluded from a "culinary arts program" because he wouldn't take an HIV test. The plaintiff did not allege that he was a "qualified individual with a disability" and, in fact, pleaded himself out …
Disabilities Subject to Correction Not Protected by ADA by Under the Americans with Disabilities Act, whether an impairment "substantially limits" one or more major life activities is assessed with reference to mitigating measures (in this case, medication for high blood pressure). That means someone whose disability is substantially corrected can …
Article • August 15, 2008
Filed under: Cancer, Blood, Sentencing
Court Cannot Reduce Federal Prison Sentence Due to Illness by The plaintiff was diagnosed with leukemia after being sentenced to a year in prison. The court has no authority to modify his sentence to let him serve it at home. The diagnosis does not constitute newly discovered evidence that would …
Denial of AIDS Medication, Food to Texas Jail Prisoner Upheld by The plaintiff, prescribed AZT and Crixivan, got no Crixivan for five days and then half-doses for the next 15 days. When he saw a doctor after 19 days, his dosage was promptly increased. He was not able to get …
Sandin Inapplicable to Pretrial Detainees by Procedural Due Process--Disciplinary Proceedings (920): Sandin does not apply to detainees, who are entitled to procedural due process in disciplinary proceedings. Here there was some evidence because staff said the plaintiff had confessed. Procedural Due Process--Administrative Segregation (921): Placement of an escape risk in …
Article • August 15, 2008
Filed under: Medical, Skeletal Injury
Skeletal Disease Suit Dismissed by The plaintiff complained that he had a painful calcium overgrowth in his wrists for three years and the defendants failed to send him to a specialist or to provide surgery. His condition is a serious medical need. However, defendants' conduct represents a decision to treat …
State Officials Not Liable for Heat Stroke Death of 12 Year Old Boy by State Officials Not Liable for Heat Stroke Deaht of 12 Year Old Boy This is the case of Andrew Lemoine, the 12-year-old boy on antipsychotic medications who died of heat stroke after being made to build …
Article • August 15, 2008
No One Liable for Denial of Medical Care to Houston Jail Asthmatic by The plaintiff was arrested and arrived at the police station having an asthma attack. She asked to see a doctor and was told that the clinic was closed. She said she was not medically screened; the clinic …
Article • August 15, 2008
Denial of HIV Medications Claim Dismissed for Failure to Exhaust by The plaintiff complained of an interruption of his HIV medications at a county jail where he spent five days He did not utilize administrative remedies there At 1166: "An inmate must allege and show that he has exhausted all …
Article • August 15, 2008
Obesity Upheld as Classification Criteria by The plaintiff's placement in administrative segregation and his transfer did not deny due process. Assuming he had a liberty interest in remaining in general population at the sending facility, he received due process under Helms v. Hewitt. Enhancing the level of his assaults for …
Claim Exhausted When Prison Rules in Favor of Prisoner by The plaintiff complained of improper discipline and retaliatory reclassification and transfer At 506: "The violation of a constitutionally protected right is a sufficient injury for purposes of standing." The defendants had argued that the plaintiff lacked standing because he didn't …
Article • August 15, 2008
Refusal of TB Test on Religious Grounds Discussed by The plaintiff refused a PPD on religious (MOVE) grounds and was placed in administrative custody and kept there even after he submitted to a chest x-ray, which was negative. There is no evidence that MOVE is actually a religion (and the …
Fifth Circuit Upholds Convictions of Three INS Officers by The Fifth Circuit has upheld the convictions and sentences of three Immigration and Naturalization Service (INS) deportation officers for excessive use of force and deliberate indifference to the serious medical needs of a prisoner. Richard Gonzales, Louis Gomez and Carlos Reyna …
Article • August 15, 2008
Prison Tuberculosis Cases Far Exceed Non-Prison Cases by The number of Tuberculosis (TB) cases in prison far outpaced the general population between 1993 and 2003, according to a study published in the American Journal of Public Health. While TB rates in the general population remained fewer than 10 cases per …
Article • August 15, 2008
Colorado Appellate Court Condones Forcing Indigent Prisoners' Exposure to West Nile Virus by Colorado state prisoners Stephen Glover, Alan Smith and Michael Freeman (plaintiffs) appealed the dismissal of their pro se complaint against the State, the Department of Corrections (DOC) and former DOC director Joseph Ortiz (defendants). The complaint alleged …
Article • August 15, 2008
IL Prisoner Refuses to Pursue Futile Grievance Procedure, Still Satisfies Exhaustion Requirement by Nedrick J. Hardy, an Illinois state prisoner, claimed he was denied medical attention for a broken hand for several months. He filed numerous grievances which prison staff ignored. After several months he filed suit in federal district …
Article • August 15, 2008
Statutory Disclosure Intent Enforced, Texas Mental Health Department Abuse Incidents Ordered Disclosed by Texas Attorney General (AG) Greg Abbott appealed a 2006 court ruling denying the disclosure of records related to incidents of abuse at Texas Department of Mental Health and Mental Retardation (TDMHMR) facilities. The ruling was reversed and …
Article • August 15, 2008 • from PLN August, 2008
Filed under: Medical, Hepatitis, Damages
Illinois Prisoners Win $8 Million for Failure to Treat Hep C by A federal jury has awarded four Illinois prisoners over $2 million apiece in a civil rights action filed against state prison officials for denying treatment for Hepatitis C (Hep C). In 2005, Edward J. Roe, Anthony P. Stasiak, …
Article • August 15, 2008 • from PLN August, 2008
Pennsylvania Prison Medical Firm’s Performance Called into Question by Dr. Edward Zaloga, co-owner of Correctional Care, Inc. (CCI) of Moosic, Pennsylvania, a firm that provides medical services at the Lackawanna County Prison, had his past called into question when a female prisoner was forced to give birth alone in her …
$64,900 Award in Arkansas Excessive Force Claim; Warden Held Not Liable by David Reutter by David M. Reutter The Eighth Circuit Court of Appeals has reversed a judgment against the warden of Arkansas’ Cummins Unit, finding he did not have sufficient knowledge that the guards under his supervision were inflicting …
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