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Article • February 15, 2008 • from PLN February, 2008
$100,000 Settlement in Missouri Jail Prisoner’s Methamphetamine Overdose Death by $100,000 Settlement in Missouri Jail Prisoner's Methamphetamine Overdose Death When arrested during a traffic stop on June 4, 2005, 20-year-old Sheena Crawford ingested methamphetamine. Upon being booked into Missouri's Pettis County Jail, Crawford advised guards Jennifer Meyer and Clarence McGuldrick …
Article • February 15, 2008 • from PLN February, 2008
New York Prisoner Awarded $4,250 for Knee Injury While Shackled by On March 19, 2007, a court of claims in Rochester, New York, award $4,250 to a state prisoner who fell and injured his knee while walking to a transport van in leg shackles. State prisoner Earl Martin, 54, fell …
Article • February 15, 2008 • from PLN February, 2008
$90,000 Awarded to New York Prisoner for Delay of Surgery by A New York Court of Claims has awarded a prisoner $90,000 in a medical malpractice claim stemming from prison personnel delaying surgery, causing lasting injury and pain. The claim was brought by Sing Sing Correctional Facility prisoner Jonathan D. …
Brief • February 14, 2008
Payne v. Parnell, TX, Settlement Agreement, Cattle Prod Torture, 2008 Case No. bale_ Plaintiffs —CV i•12 ctL In the Di ;L(- Court of , Texas iccrytel Defendants SETTLEMENT AGREEMENT 1. The parties hereto agree to settle all claims and controversies between them, asserted or assertable in this case. 2. The …
Article • January 15, 2008
Nebraska Tort Law Notice Inapplicable to Medical Contractor by In partially reversing a Nebraska federal district court's grant of summary judgment, the Eighth Circuit Court of Appeals has held the Nebraska State Tort Claims Act (NSTCA) does not apply to contracted medical service providers. That ruling came in the appeal …
Wrongful Death Suit Reinstated for Plaintiff Substitution; Dismissed Again by by Bob Williams The United States Court of Appeals for the Tenth Circuit has reversed the dismissal of a wrongful death suit and allowed the deceased prisoner's wife to be substituted as plaintiff. On remand, the United States District Court …
California Appellate Court Overturns $177,000 Prisoner Beating Verdict by by John E. Dannenberg The California Court of Appeal (4th District) has reversed a $177,000 jury verdict against Orange County and its Sheriff, Michael Carona, finding that no substantial evidence supported the verdict and that the award of punitive damages violated …
Relief for Unconstitutional Mississippi Death Row Conditions Affirmed on Appeal by Bob Williams By Bob Williams The United States Court of Appeals for the Fifth Circuit has affirmed most of the sweeping reforms to be implemented at the Mississippi State Penitentiary (MSP), Unit 32-C, Death Row. After several death row …
Article • January 15, 2008
Grievances Exhausted When No Relief Available; Oregon DOC Fails to Prove Non-Exhaustion. by A federal court in Oregon has held that prisoners are not required to exhaust all levels of the prison grievance process when all requested relief is granted before the final step of the grievance process. On December …
Article • January 15, 2008
Class Status Granted to Illinois Prisoners for Nonconsensual STD Tests by A federal judge in Illinois has granted class action status to a group of Cook County prisoners who were subjected to painful medical tests without their explicit consent. Plaintiffs Robert Jackson, Joseph McGrath and Derrell Smith claimed that during …
Short-Term Injuries Sufficient to Recover Mental and Emotional Damages under PLRA by A Florida federal district court has held that a prisoner's failure to prove long-term physical injuries does not bar a request for damages for long-term mental and emotional injuries. That ruling came in a civil rights action filed …
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 the failure of Prison Health Services (PHS) to monitor her lithium levels fell under the common knowledge exception …
Article • January 15, 2008
One Month Delay in Treating Prisoner’s Broken Bones States 8th Amendment Claim by One Month Delay in Treating Prisoner's Broken Bones States 8th Amendment Claim In 2004, William Guy, a California state prisoner, broke his ribs and ankle. He wasn't treated for a month. He sued in federal district court, …
Article • January 15, 2008
Removal to Federal Court Denied State Court Jurisdiction by The Missouri Court of Appeals held that a state circuit court lacked jurisdiction to rule on a summary judgment motion in a case that had been removed to federal court. Missouri prisoner Edward Moore successfully sued Correctional Medical Services (CMS) for …
Article • January 15, 2008
OH Mental Health Service Not Subject to Public Records Act by The state of Ohio created a mental health services board (Board), which was to contract with and govern private mental health providers to ensure that even indigents and the uninsured could receive mental health services. The Board in Stark …
PA Prisoner's Civil Rights Action Viable Because Factual Dispute Exists by Vincent Cortlessa, a Pennsylvania state prisoner, sued guards and a private health care company in federal district court after the guards beat him and the health care company didn't provide him with adequate care. He argued that these actions …
Article • January 15, 2008
Alleged Inappropriate Delay in Prisoner’s Hep C Treatment States 8th Amendment Claim by Alleged Inappropriate Delay in Prisoner's Hep C Treatment States 8th Amendment Claim Salvatore Chimenti, a Pennsylvania state prisoner, was taken off his medication for Hepatitis C and made to wait over two years for a new drug, …
Article • January 15, 2008
Protection from Personal Document's Disclosure Does Not End With Death in Pennsylvania by Temple University law student Hayes Hunt petitioned the court to review the Pennsylvania Department of Corrections' (DOC) 1996 order denying his request for medical and mental health records of executed prisoner Leon Moser. The denial was affirmed …
Article • January 15, 2008
Psychological Records' Denial Upheld; Specificity in Request Required under Pennsylvania Act by Pro se Pennsylvania state prisoner Amitha Nanayakkara appealed the court's dismissal of his petition for a writ of mandamus to obtain records for use in filing a civil suit in federal court. The denial and dismissal were upheld …
Article • January 15, 2008
Records Requested by Victim Ordered When Police Failed to Justify Lawful Exemption by Massachusetts resident Tameeka Messier filed a motion to compel to acquire documents from the Boston Police Department, Area D 14 (BPD), regarding an injury she allegedly suffered in 1997 during a concert. The BPD failed to present …
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