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Article • December 15, 2007
Paruresis No Excuse for Failure to Urinate Absent Medical Verification by Oregon State pro se prisoner Richard Sheeny appealed a U.S. District Court grant of summary judgment to prison officials denying his 42 U.S.C. § 1983 action. He alleged constitutional violations when he was disciplined for failure to urinate because …
Paruresis Diagnosis Required for Justification of Urinalysis Noncompliance by New York State pro se prisoner Victor Cruz appealed, by way of CPLR article 78, disciplinary findings and actions taken against him for failure to provide a urine sample. Cruz claimed that paruresis (shy bladder syndrome) prevented his compliance. The findings …
Article • December 15, 2007
Dismissed Paruresis Action Remanded for Proper Venue by Pro se Tennessee State prisoner Barton Hawkins petitioned for a writ of certiorari to review disciplinary actions taken against him for refusing to comply with a drug screening. He alleged that he suffered from paruresis (shy bladder syndrome) which hindered urine production. …
Article • December 15, 2007
Absent Medical Documentation, Disciplinary Action for Failure to Urinate Stands by New York State Prisoner Leslie Becker petitioned for review of a 2001 Department of Correctional Services disciplinary action resulting from his inability to produce a urine sample. The judgment was affirmed. When Becker could not provide a urine sample, …
Otherwise Exempt NY Correctional Incident Reports, Related Documents Ordered Disclosed With Appropriate Redaction by New York State prisoner Abdul Beyah appealed a court's 2002 affirmation of the New York Department of Correctional Services (DOCS) refusal to produce incident reports from the Auburn Correctional Facility (ACF). The court ordered the information …
Article • December 15, 2007 • from PLN December, 2007
Texas Wrongful Death Jail Lawsuit Settles For $375,000 by In June 2006, Navarro County, Texas, agreed to pay $375,000 to the family of a juvenile prisoner who received no medical attention following his imprisonment in the county jail and died the following day. Jesus Martinez, a minor, was arrested on …
Both Thumbs, One Finger Amputated Nets Prisoner $25,000 by A New York prisoner whose thumbs and left ring finger were amputated was awarded $25,000. Mr. Saleh, a 31-year-old New York prisoner, was a carpentry student. While operating a circular saw, making name plates, he suffered "a traumatic amputation of the …
Article • December 15, 2007
Disclosure of HIV-Status is Constitutional and Tort Claim in Wisconsin by On August 29, 1991, a Wisconsin court of appeals held that a trial court should not have granted jail officials' motion for summary judgment on a prisoner's Constitutional- and tort-based claims for publicizing his HIV status. Roger M. Hillman, …
Article • December 15, 2007
Intent--Not Ability--To Transmit HIV Matters in Attempted Murder Trial by On October 31, 1991, an Indiana court of appeals held that the intent of a person who was resisting police to transmit HIV determined whether he was guilty of attempted murder, not his actual ability to transmit the virus. Donald …
Texas Attorney General Determines Documents' Exemption After Use of Force Against Prisoner by The Office of the Attorney General (AG) for the State of Texas opined the legal parameters regarding the release of investigative records and polygraph procedures used for testing employees of the Department of Criminal Justice (TDCJ). This …
IL Prisoner Beaten by Cops and Not Provided Medical Attention States 1983 and Negligence Claims by Faried El-Uri, a prisoner of the city of Chicago, Illinois was knocked down and kicked in the stomach by a detective during questioning so hard that his spleen was ruptured. He moved slowly and …
Article • December 15, 2007
Prisoner-Exclusion Clause in Virginia's Freedom-Of-Information-Act is Not Unconstitutional by by John E. Dannenberg The U.S. District Court (W.D. Va.) held that the statutory exclusion of prisoners from utilizing the Virginia Freedom of Information Act (VFOIA) (Va. Code Ann. 2.2-3703(C)) was neither unconstitutional on its face nor as applied to the …
Article • December 15, 2007
New York Prisoner Awarded $2,600 For Fractured Fibula, Improper Treatment by On March 28, 2001, a court of claims in Albany, New York, awarded $2,600 to a state prisoner who claimed he suffered a fractured fibula when he fell in a puddle of water leaked from a washing machine and …
Denying Work Release to HIV Positive Amputee May Violate ADA by The plaintiff alleged that he was denied access to shock incarceration because he is an HIV-positive amputee, and was also repeatedly denied work release. He also claimed that he was deprived of his personal wheelchair, after having it in …
$620,000 Settlement for Florida Jail Beating Death by While imprisoned in Florida's Palm Beach County Jail, a 35 year old Haitian laborer was beaten by guards. He sustained in June 1985, a broken neck and was left in his cell with no medical treatment. When he was finally taken to …
Article • December 15, 2007
Attack by Fellow Prisoner Nets South Carolina Prisoner $30,000 by A South Carolina Court awarded a prisoner $30,000 for injuries he suffered when attacked by another prisoner at the Greenville County Jail. Mr. Edwards was a prisoner at the Greenville County Jail when he was attacked by another prisoner. He …
Article • December 15, 2007
Beating by Kentucky Jail Guards Results in $1,150,000 Jury Verdict by A federal jury awarded a Kentucky man $1,150,000 for a beating during arrest. Mr. Sosa, a Hispanic man suffering from AIDS, was arrested and charged with public intoxication. While confined in the jail, Sosa was kicked, handcuffed to a …
OK Prisoners' Argument, Raised for First Time on Appeal, Not Considered by On November 15, 2001, Leticia Smedley was arrested by police in Tulsa, Oklahoma on suspicion of being intoxicated. She was jailed at the David L. Moss Criminal Justice Center, a facility operated by Corrections Corporation of America (CCA). …
Article • December 15, 2007
Ingrown Nail Leads to Leg Amputation and $400,000 Georgia Jury Verdict by A Georgia prisoner was awarded $400,000 for inadequate medical care causing amputation of his left leg, below the knee. Mr. Booth, a 45-year-old Georgia prisoner with a long history of vascular disease, was treated by a prison doctor …
Article • December 15, 2007
Filed under: Medical, Blood
Inadequate Anemia Treatment Nets California Jail Prisoner $65,000 Settlement by A California man was paid $65,000 to settle a suit related to a jail's failure to properly diagnose and treat his anemia and emotional distress. Mr. Elias was a prisoner of an Orange County, California, jail who suffered anemia and …
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