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Michigan's In-Cell Restraints Considered Torture; Injunction Issued by David Reutter by David M. Reutter A Michigan federal district court has held that the use of in-cell restraints for punitive reasons constitutes torture. In reaching that conclusion, the Court reopened its previous judgment concerning mental health claims and issued a preliminary …
Article • May 15, 2007
Summary Judgment, Qualified Immunity Denied on Deliberate Indifference Claim by The Ninth Circuit Court of Appeals has affirmed denial of summary judgment on qualified immunity grounds to a federal correctional counselor charged with deliberate indifference to a serious medical need. Robert Mahler, a prisoner at the Federal Prison Camp in …
Indiana Prison Overcrowded with Inadequate Medical Care by The United States Court of Appeals for the Seventh Circuit held that the Indiana State Prison at Michigan City was overcrowded, and that the medical care available at the prison was constitutionally inadequate. The judgment of the trial court was affirmed in …
Article • May 15, 2007
Washington DOC Pays $52,000 in Bookshelf Injury Resulting in Blindness by In 1987, Charles W. Dickerson, a prisoner then confined at the Oregon State Penitentiary in Salem, Oregon was severely attacked and assaulted by another prisoner. As a result of the incident, Dickerson lost his left eye and his right …
Washington DOC Pays $1,700 in Faulty Kettle Claim by On December 6th, 1989 Alvin Lee Prater, then a prisoner confined at McNeil Island Corrections Center in Steilacoom, Washington, suffered a fall that injured both his right knee and lower back. Prater was working in the institution's kitchen when he was …
Article • May 15, 2007
Particulars to Be Considered in Indigent Prisoner's Request for Counsel by The U.S. Court of Appeals for the Seventh Circuit affirmed a U.S. district court's dismissal of prisoner's claim of cruel and unusual punishment against prison, vacated dismissal of claim against prison doctor and nurse, and remanded with instructions to …
Prisoners Entitled To Court Access, Can't Be Forced To Work if Disabled by The 5th Circuit has held that prisoners have an actual right to litigate as do other supplicants and that petitioner who submitted a § 1983 lawsuit was entitled to pursue his cause of action even after the …
Article • May 15, 2007
Prisoner's Medical Claim not Winnable Without Expert Testimony by The U.S. Sixth Circuit Court of Appeals, affirming the U.S. District Court, Eastern District of Kentucky, held that a federal prisoner's Federal Tort Claims Act (FTCA) suit for failure to treat his injuries was properly dismissed on summary judgment where the …
Article • May 15, 2007
Denial of AIDS Cocktail: Actionable in Tacoma Jail Suit by The Ninth Circuit Court of Appeals held that officials at the Pierce County Jail in Washington State are not entitled to qualified immunity for their failure to provide a pre-trial detainee an AIDS "cocktail" promptly upon booking. The detainee was …
Diabetic ND Prisoner's Forced Medical Treatment Upheld by North Dakota State Penitentiary prisoner August T. Vogel, who is serving a 90-year sentence for first degree murder, refused medical monitoring and treatment for his diabetes after he was removed from work release, lost his job and was denied a parole board …
Article • May 15, 2007
District Court Denies Physician's Assistant's Motion to Dismiss by The U.S. District Court for the District of Maine denied a motion to dismiss filed by a jail's physician's assistant in a claim of deliberate indifference to a serious medical need. In September 2001, Robert Dellairo was seen by an emergency …
Article • May 15, 2007
Failure to Reattach Severed Ear States Cause of Action by The Second Circuit Court of Appeals held that a doctor may be deliberately indifferent to a prisoner's serious medical needs for failing to sew the prisoner's ear back on after it was cut off. This action was filed by a …
Article • May 15, 2007
Pennsylvania: $5,442,000 Award For Failure To Treat Ruptured Spleen by On November 11, 1994, a jury in Philadelphia County, Pennsylvania, awarded $5,442,000 to a prisoner whose ruptured spleen went untreated. On March 4, 1987, while imprisoned at the Philadelphia House of Detention, plaintiff, 37, suffered a fall at the prison …
Article • May 15, 2007
New York: Prison Failed To Follow Up Cancer Treatment, Prisoner Awarded $210,000 by New York: Prison Failed To Follow Up Cancer Treatment, Prisoner Awarded $210,000 On July 7, 2002, a state court of claims in Syracuse, New York, awarded a prisoner $210,000 after concluding that prison medical personnel had negligently …
Article • May 15, 2007
Nominal Damages Upheld in Excessive Force Case by The U.S. Second Circuit Court of Appeals upheld a jury award of only nominal damages in a case involving excessive force by New York State prison guards. Vincent Van Ness, a prisoner in custody of the New York Department of Correctional Services …
Article • May 15, 2007
Imminent Danger Exception to PLRA Three Strikes by The U.S. Northern District Court of Illinois determined that a prisoner who failed to state a claim three times in three separate federal civil actions could still proceed without prepayment of fees under the imminent danger exception to the Prison Litigation Reform …
Beating by Guards, Destroyed Eyeglasses May Toll AEDPA Time Limit by The U.S. Ninth Circuit Court of Appeals reversed and remanded a California federal district court's denial of a habeas corpus petition, holding that, if proven true, the prisoner's claim that prison officials failed to replace his broken eyeglasses for …
Estate of Epileptic New Mexico Prisoner Settles for $1,250,000 by During the week of May 22, 2000, the estate of a deceased epileptic prisoner who was denied medical attention and then allegedly tortured and beaten by a jailer in the Taos County, New Mexico, jail settled prior to trial for …
Expert Testimony Fails to Prove Subjective Mental Intent of Psychiatrist by The Eleventh Circuit Court of Appeals held that expert testimony does not establish a psychiatrist's subjective mental intent in a prisoner's 42 U.S.C. § 1983 action alleging an Eighth Amendment claim for deliberate indifference to serious medical needs. This …
Article • May 15, 2007
Filed under: Medical, Skin, Veterans
Failure to Treat Florida Prisoner's Agent Orange Disease Unconstitutional by The Eleventh Circuit Court of Appeals held that prison officials' failure to provide prescribed treatment to a prisoner suffering from effects of Agent Orange violated his Eight Amendment rights. The Florida prisoner was a Vietnam Veteran who was exposed to …
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