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Article • May 15, 2007
Police Investigative Records Ordered Disclosed in Suit by The plaintiff is entitled to discovery of police internal investigative records and the defendant's personnel file, subject to a protective order and redacting medical information, social security numbers, home addresses, and home telephone numbers. The court holds that the question is one …
Article • May 15, 2007
Class Certified in CT Syringe Exchange Search Suit by The plaintiffs challenged a police practice of searching and arresting persons who participated in the Bridgeport Syringe Exchange Program, and moved for class certification. At 331: Numerosity "'is presumed at a level of 40 members' of a putative class." Exact class …
Sex Offender Treatment Records Not Subject to Discovery by The plaintiff was raped in a McDonald's parking lot and sued the company. The rapist is now in prison and receiving mental health treatment, and the victim is seeking his prison mental health records. Under state law (the case being a …
CA Peer Review Records Not Privileged in Jail Death Suit by The decedent died in jail after making repeated complaints of abdominal pain. He was diagnosed after his third complaint with gastroenteritis and prescribed palliatives; nine days later he died of peritonitis due to idiopathic perforation of the descended colon. …
Article • May 15, 2007
Filed under: Medical, OB/GYN, Drug Testing
Supreme Court Bans Drug Testing of Pregnant Women by At 1288: "The reasonable expectation of privacy enjoyed by the typical patient undergoing diagnostic tests in a hospital is that the results of those tests will not be shared with nonmedical personnel without her consent." See: Ferguson v. City of Charleston, …
Article • May 15, 2007
Filed under: Medical, Abortion
Louisiana Jail Policy Banning Abortions Upheld by A policy requiring a prison inmate to obtain a court order and pay all attendant costs of a non- therapeutic abortion did not violate the Fourteenth Amendment. (The Sheriff said that this policy applied to all "elective surgery.") Under the Turner standard, the …
Article • May 15, 2007
Transportation Injury Suit Dismissed by The plaintiff alleged that he was injured in a traffic accident while being transferred, but he refused medical attention from jail medical staff. His small claims court case was dismissed based on his signing a form that the claim was satisfied, though it wasn't. The …
Article • May 15, 2007
BOP Denial of Knee Surgery Upheld by The plaintiff alleged that he was denied surgery to repair a painful knee condition because the original injury antedated his incarceration. The surgery was allegedly performed a week after he filed suit; the plaintiff denied that he had had the surgery and said …
Article • May 15, 2007
WA City Liable for Jail Doctor's Negligence by IN 1975, Michael Shea, a prisoner in the Spokane County Jail in Spokane, Washington repeatedly complained of severe back pain. Even though he was in jail for drunk driving after being in an auto accident, the jail physician only treated Shea for …
Article • May 15, 2007
$1.45 Million Settlement in Mentally Ill Alabama Jail Prisoner's Death by Fifteen days after he entered Alabama's Mobile Jail, James Carpenter died of an infection from a flesh-eating bacteria. During his period of incarceration, Carpenter was kept in solitary confinement, naked and shackled on his hands and wrists. Abrasions from …
$150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner by $150,000 Verdict in Failure to Train Suit for Withdrawal Death of CT Jail Prisoner A jury awarded $150,000 to the estate of a 41 year old Polish prisoner who died in his jail cell of …
Article • May 15, 2007
Jury Entitled to Hear of Plaintiff's Medical Condition in False Arrest Case by Police officers who falsely arrested the plaintiff, allegedly with knowledge of his heart condition, were not entitled to an order in limine excluding evidence of his medical condition, since there is enough evidence that their actions were …
Article • May 15, 2007
Jail Not Liable for Arrestee's Cocaine Overdose Death by The decedent died in jail of a cocaine overdose after denying that he had ingested cocaine (though there was an empty plastic bag with drug residue around it at the scene of his arrest) and refusing medical treatment. At 686-87: ". …
Delay of Treatment for Spinal Injury Suit Dismissed by The plaintiff alleged that his requests for medical treatment for two and a half months (after which he was found to have a severely ruptured disk) constituted deliberate indifference. The plaintiff's claims against the Sheriff is dismissed for lack of any …
No Qualified Immunity for Force Feeding Prisoner Who Agrees to Eat by The Muslim plaintiff fasted periodically for three to 15 days. On the fourth day of a fast, the defendant doctor declared him to be on a "hunger strike" and said he was lethargic, slow walking and talked with …
Article • May 15, 2007
Defendant Drugged for Capital Trial by The court authorizes the involuntary medication of the man who shot up the Capitol Building and killed two police officers. The proposed treatment is medically appropriate because the respondent is a diagnosed paranoid schizophrenic and antipsychotic medication is the only available treatment. The potential …
Article • May 15, 2007
Involuntary Drugging of Criminal Defendant Upheld by The plaintiff was administered a powerful combination of drugs by jail medical personnel for various medical problems without informed consent. However, she took the medication voluntarily, so the rule of Riggins v. Nevada barring involuntary medication to render a prisoner competent has no …
Article • May 15, 2007
Denial of Colostomy Surgery Due to Cost is a Serious Medical Need by The plaintiff was supposed to have a colostomy closed; the surgery was delayed from October 1994 until January (after the plaintiff's release) with the treating doctor's concurrence. The plaintiff began having bleeding and pain at the site. …
Article • May 15, 2007
NY Jail Finger Injury Suit Dismissed by The plaintiff had a medical care problem at a City jail. At 308: "New York State [sic] has procedures for filing grievances in each of its correctional facilities." The claim is dismissed for non-exhaustion. A bleeding finger is not a serious medical need. …
Article • May 15, 2007
Private Contractors Bound by State Consent Decree by A consent decree between Medicaid patients and the state is binding as a matter of due process upon HMO's who were agents of the state and contracted with it, where their contracts acknowledged that additional appeal process guidelines might be developed and …
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