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Article • August 15, 2008
Louisiana Sheriff Immune When Litter-Crew Prisoners Injured by On April 5, 2006, a Louisiana Court of Appeals held that a prisoner who was injured while working on a litter-abatement crew for the sheriff could not sue the sheriff unless he proved gross negligence or an intentional act by the deputy …
Article • August 15, 2008
Kentucky County Settles Loss of Consortium Suit for Undisclosed Amount by Phillip D. Hurst, a Kentucky prisoner, was taking prescribed methadone. When he returned one night to a Lexington County work release center in an intoxicated state, he was examined by two nurses who thought he was experiencing diabetes-related symptoms. …
Article • August 15, 2008
Fall From Top Bunk During Seizure Nets $1,350,000 by A Nebraska prisoner who was injured when he fell from a top bunk during a seizure was awarded $1,350,000. Mr. Wright, a Nebraska prisoner, was assigned to an upper bunk when he had a seizure and fell out of bed. He …
Brief • August 4, 2008
Heston v. City of Salinas, CA, Plf Mot for Attorney Fees, police taser death cardiac arrest, 2008 Case 5:05-cv-03658-JW Document 349 Filed 08/04/2008 Page 1 of 6 1 John Burton, State Bar No. 86029 THE LAW OFFICES OF JOHN BURTON 2 414 South Marengo Avenue Pasadena, California 91101 3 Telephone: …
Brief • July 25, 2008
Heston v. City of Salinas, CA, Def Mot for New trial, police taser death cardiac arrest, 2008 Case 5:05-cv-03658-JW 1 2 3 4 5 6 7 8 9 10 11 Document 336 Filed 07/25/2008 Page 1 of 28 Mildred K. O’Linn, Esq. (State Bar No. 159055) Timothy J. Kral, Esq. …
Arkansas Law Discloses Legislators’ Business Ties to State by David Reutter Of concern to taxpayers should be the private business interests of their legislators. An Arkansas law enacted in 2007 requires disclosure of those interests when a lawmaker or his or her spouse owns at least 10 percent of a …
Article • July 15, 2008 • from PLN July, 2008
“Hot Bunking” at Cook County Jail Could Violate Consent Decree by In December 2007, to alleviate the problem of prisoners sleeping on the floor due to chronic overcrowding, Illinois’ Cook County Jail started “hot bunking.” The practice entails prisoners taking turns sleeping in the same bed in shifts. Each prisoner …
California DOC Federal Health Care Receiver Replaced by John Dannenberg by John E. Dannenberg Robert Sillen, the scrappy Receiver appointed by a U.S. District Court to fix California’s ailing prison healthcare system, was replaced on January 23, 2008 by J. Clark Kelso, former Chief Information Officer for Governor Arnold Schwarzenegger. …
Article • July 15, 2008 • from PLN July, 2008
Filed under: Medical, Injury -- Misc.
Infected Hand Mistreatment At Sacramento County Jail Settled For $100,000 by The County of Sacramento, California settled a federal civil rights lawsuit brought against county jail staff for failure to properly treat the injured hand of a prisoner. While the $100,000 settlement was less than the prisoner’s $156,000 in medical …
Article • July 15, 2008
Washington Union Shop Stewards Pay Reduction Appropriate for Possessing Confidential Prisoner Medical Information by The State of Washington Personnel Appeals Board (PAB) has a prison nurse who viewed confidential material from a prisoners medical file in her capacity as a shop steward properly was sanctioned a pay reduction when that …
Article • July 15, 2008
Massachusetts Action to Compel Medical Treatment Dismissed; Lacked Eighth Amendment Claim, Diagnosis by Massachusetts State pro se prisoner Kenneth Mocks brought an action to compel the State Department of Corrections Director of Health Services, John Noonan, to provide allegedly needed medical care. Also named as a defendant, but judicially dismissed, …
Article • July 15, 2008
Prisoner's Action Affirmed Against North Carolina DOC For Negligence Leading To Amputation by The North Carolina Department of Correction (DOC) appealed the reversal of a 1989 summary judgment grant dismissing state prisoner Joe Medley's action for a DOC contracted private physician's negligence. The court affirmed the dismissal holding that the …
Article • July 15, 2008
$50,000 Jury Award To Massachusetts Nurses Wrongfully Discharged By Correctional Medical Services by Two Massachusetts nurses, Fitzgerald and Landry, brought suit against Correctional Medical Services (CMS) for defamation of character after being fired over baseless accusations of one alleged eyewitness. The jury awarded them $50,000 collectively. After holding a door …
Article • July 15, 2008
Maryland State Damages Cap Trumps Federal Awards For 11 Year Old Paraplegic by Davita Carter, an 11 year old resident of Illinois and a Marine veteran's daughter, appealed the damages reduction awarded her in 2000 after surgery left her a paraplegic. The federal court's award was dictated by Maryland State …
$250,000 Awarded To Virginia Guard After Stabbing By Prisoner Upheld by Virginia State pro se prisoner Lament Douglas appealed a prison guard's counterclaim grant and the dismissal of the denial of medical care allegations in a federal action resulting from a 1999 mutually injurious altercation. The judgment was affirmed. Douglas …
Article • July 15, 2008
Sixth Circuit Reverses Denial of Complaint Amendment by The Sixth Circuit Court of Appeals vacated a lower court’s order denying a Tennessee prisoner leave to amend his complaint to substitute actual parties for Doe Defendants. In July 1996, Tennessee prisoner Alexander Friedmann (PLN’s Associate Editor) requested to have a notice …
Article • July 15, 2008
Filed under: HIV/AIDS, Sentencing, Probation
New York Court’s Probation-Due-to-AIDS Compassionate Sentence Reversed by New York Court's Probation-Due-to-AIDS Compassionate Sentence Reversed On October 4, 1991, a New York appellate court reversed the compassionate sentence of probation given to a prisoner infected with HIV and just before the onset of AIDS. Sandra Clark, a New York defendant, …
Article • July 15, 2008
Nurses Use of Prisoner Medical Information for Personal Reasons Merits Salary Reduction by The State of Washington Personnel Appeals Board (PAB) has held a temporary salary reduction as sanction for a prison nurses act of accessing a prisoner’s medical file and using the information from the file for personal reasons …
Article • July 15, 2008
Inadequate Medical Care in Chicago Jail Slip and Fall Nets $25,000 by An Illinois prisoner who was injured when he fell on a wet floor was awarded $25,000. Mr. Reed, a 46-year-old prisoner at the Cook County Jail, fell on a wet floor and struck an exposed bolt. He “suffered …
New Jersey District Court: Reargument Granted In PHS Negligence Claim by On January 10, 2005, the U.S. District Court for the District of New Jersey agreed with a state prisoner’s contention that Prison Health Services’ (PHS) failure to monitor her lithium levels fell under the common knowledge exception of N.J. …
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