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Doctor Granted Qualified Immunity in Texas Prisoner's Suicide by The Fifth Circuit Court of Appeals held a psychiatrist at the Coffield Unit of the Texas Department of Corrections is entitled to qualified immunity in the suicide death of a prisoner. The prisoner had a history of psychological problems and was …
Article • May 15, 2007
Officials Engaged in Routine Medical Procedures not Deliberately Indifferent; Supervisors May be Liable by The Second Circuit Court of Appeals has held that persons engaged in the performance of routine medical procedures were not deliberately indifferent to the plaintiff prisoner's serious medical needs in this case. Supervisory prison officials, however, …
$9,500 Paid in Washington DOC Employee's Whistleblower Suit by William C. Dalton, a nurse at Washington's McNeil Island Correctional Center, repeatedly raised issues regarding deficiencies in equipment, protocol and staffing at MICC. In July 1996, Dalton was instructed to participate in chemotherapy for a patient/prisoner at MICC. Dalton became concerned …
County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld by County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld The U.S. Court of Appeals for the Tenth Circuit held that the level of medical care received by a county jail prisoner was violative of …
Article • May 15, 2007
Forcible Administration of Antipsychotic Medication Doesn't Violate Due Process by The U.S. Fourth Circuit Court of Appeals affirmed the U.S. District Court for the District of Maryland in holding that state prison officials' forcible administration of antipsychotic medication to a prisoner did not violate the prisoner's right to due process. …
Article • May 15, 2007
Summary Judgment to Jail Officials Reversed by The U.S. Tenth Circuit Court of Appeals reversed and remanded a Kansas federal district court's grant of summary judgment to county jail officials on a complaint by a pretrial detainee alleging deliberate indifference to a serious medical need by jailers. John Sandifer, a …
Prisoner Has No Right to Medication Accommodation by Bob Williams On de novo review, the Maine Supreme Court held that Jon Scott, a prisoner in Androscoggin County Jail, failed to establish actionable state court claims under the Maine Human Rights Act and Title II of the Americans with Disabilities Act …
Article • May 15, 2007
IL Guards' Single Instance of Indifference to Prisoner's Medical Needs Not Unconstitutional by IL Guards' Single Instance of Indifference to Prisoner's Medical Needs Not Unconstitutional In June of 1999 Norman Calhoun reported to begin serving a 120 day sentence in the jail for Kane County, Illinois. He had called the …
$95,000 Award in Excessive Force on Quadriplegic by During a struggle while being arrested on December 12, 1996, Boyd Knight, a quadriplegic, was pulled from his wheelchair by Texas police officer Glen Osborn, who hit, kicked, and dragged Knight around his house, while officer David Houser watched. When taken to …
Article • May 15, 2007
Qualified Immunity Denied to Prison Pharmacist That Refused to Fill Prisoner's Prescriptions by Qualified Immunity Denied to Prison Pharmacist That Refused to Fill Prisoner's Prescriptions The Eighth Circuit Court of Appeals has held that a pharmacist's refusal to fulfill a prescription issued by a doctor to treat a prisoner disentitles …
Doctors Can Be Held Liable in Heat Death of Obese Mental Patient by The decedent, an obese diabetic suffering from hypertension with a heart condition with abnormal EKG readings, was involuntarily committed to a psychiatric hospital where he took psychotropic medications. He died on a day with 90 degree heat …
Article • May 15, 2007
$3,115,000 Settlement in Negligent Release of Paranoid Schizophrenic Prisoner by After being arrested by California's Glendale City police, the 36 year-old chronic paranoid schizophrenic in this case was taken to the LA County Jail. Glendale police had an official written policy that they will not hospitalize mentally ill persons arrested …
Arrestee Strip Search Upheld in Maryland by The plaintiff was arrested on an outstanding warrant and detained for about 14 hours. Her neck brace and medication were confiscated and not returned during that period. The pain the plaintiff suffered from lack of medication and neck brace was not a serious …
Article • May 15, 2007
PLRA Doesn't Apply to Released Prisoners, Delay in Seizure Medication Okay by The plaintiff was jailed for ten days for shoplifting. She was not consistently given her seizure medication (as well as her medication to control anxiety, which can trigger seizures), and had seizures; jail personnel would not take her …
Court Rules on Consolidated Suits against CMS in New Jersey by The court disposes of summary judgment motions in 15 consolidated cases concerning medical care provided by Correctional Medical Services at East Jersey State Prison. The court grants summary judgment against nine of them (mostly because the prisoners got a …
Mentally Ill Connecticut Prisoner Assaulted by Guard Awarded $250,000, Plus $121,384.80 in Fees by On March 3, 2006, a federal jury in Connecticut awarded $250,000 to a mentally ill state prisoner who was beaten by a high-ranking prison guard at the Northern Correctional Institution. According to his amended complaint, Duane …
Article • February 15, 2007 • from PLN February, 2007
Correct Rx a New Major Player in the Prison Drug Industry by Gary Hunter Pharmaceutical drug distributors have found a future and a fortune in our nation?s prison system. Record rates of incarceration equal record profits for drug companies. One enterprising pharmacist has made herself a major player in the …
Article • February 15, 2007 • from PLN February, 2007
MO Jail Guards Denying Seizure Medication amd Assigning Prisoner to Top Bunk May Violate 8th Amendment by The U.S. Court of Appeals for the 8th Circuit has reversed a federal district court?s grant of summary judgment to jailers who denied seizure medication to a prisoner, who then fell from a …
Washington Women’s Prison Healthcare Violations Continue by Washington Women?s Prison Healthcare Violations Continue As we've reported extensively, health care at the Washington Corrections Center for Women (WCCW), has been woefully inadequate for decades. Reform efforts have been underway since 1993, but the more things change, the more they stay the …
Article • January 15, 2007 • from PLN January, 2007
$214,000 Award for Injuries Caused by Dilantin Deprivation to Michigan Jail Prisoner by A Michigan federal jury awarded a former prisoner $214,000 in damages for injuries caused by policies at the Grand Traverse County Jail that failed to assure she received her Dilantin. The plaintiff in this case, Amy Lynn …
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