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Article • May 15, 2007
Slip and Fall Injury Claim Dismissed by The plaintiff slipped and fell while trying to repair a roof leak. He complained that some aspects of his treatment were delayed and he never got a barium study and a sigmoidoscopy. This complaint amounted only to a difference of opinion about treatment …
Article • May 15, 2007
HIV+ Plaintiff Can Be Anonymous in Needle Exchange Police Harassment Suit by Intravenous drug users who used state-authorized needle exchange programs alleged that they were harassed by the police. The plaintiffs had standing to seek injunctive relief. There is no minimum number of past incidents that must be pled to …
Article • May 15, 2007
Forcibly Drugged Death Row Prisoner Granted Permanent Stay of Execution by The petitioner, awaiting execution for 22 years, has been medicated for most of that time, and decompensates when he is taken off his medication. The court says that, unlike someone who is medicated and achieves competence and stays that …
Article • May 15, 2007
Filed under: Medical, HIV/AIDS, Medication
Delay of HIV Medication Claim Dismissed by The plaintiff complained that he did not get his HIV medication on time. However, the evidence showed that his viral loads got better rather than worse during the relevant period, a doctor testified that it really didn't matter whether he got his medications …
Article • May 15, 2007
Police Beating Requiring Spleen Removal Actionable by The plaintiff alleged that he accompanied police officers to the station to assist in an investigation and that an officer kicked him and punched him, then told him the investigation was over and he could go home. After they took him home he …
Article • May 15, 2007
Filed under: Medical, Misdiagnosis, Hepatitis
Eventual HCV Diagnosis Fails to State Claim by The plaintiff complained of pain in his right side, saw doctors, got pain medication, an x-ray, an ultrasound examination, and tests of stool samples. Eventually he was diagnosed with Hepatitis C. The defendants were not deliberately indifferent. See: Davis v. Williamson, 208 …
Article • May 15, 2007
Arrestee Overdose Suit Dismissed for Lack of Injury by The plaintiff was arrested for domestic violence; there was reason to believe that he had taken an overdose of pills, though he denied it; he was taken to jail, where he started to have symptoms and admitted taking an overdose; he …
Article • May 15, 2007
Religious Immunization Exemption Statute in Arkansas Voided by A religious exemption from a school immunization statute, which was limited to persons belonging to a "recognized church or religious denomination," application for which was evaluated based on factors including the address of the church, the number of members, times and places …
Article • May 15, 2007
No Liability for Untreated Cancer Death Claim by The decedent was imprisoned after he was diagnosed with widespread testicular cancer; he had two rounds of chemotherapy and was brought into remission each time. After his imprisonment, the cancer reappeared and his doctor advised immediate commencement of "salvage chemotherapy" (within five …
Delay in Treating Spinal Injury Survives Summary Judgment by The plaintiff injured himself in a fall, sustaining a spinal cord injury resulting in incontinence and other consequences. At 1221-22: "A delay in providing medical treatment is not actionable unless it is occasioned by 'deliberate indifference which results in substantial harm.' …
AIDS Death Complaint Dismissed After Three Amendments by The decedent died of AIDS in prison. He was diagnosed on July 31, 1996 with Hepatitis C with symptoms corresponding to initial manifestations of AIDS; tests were ordered, he was referred to the health educator, and was told to come back to …
Beating, Tasering Claim Withstands Summary Judgment by The plaintiff alleged that he was beaten and repeatedly shocked with an electric stun gun by staff without justification and while he was in restraints. These allegations are sufficient to defeat summary judgment for defendants since the conduct alleged is "repugnant to the …
Article • May 15, 2007
Having Won Compensatory Damages in State Court, Suit for Punitives Dismissed by The plaintiff, having won his excessive force case in the state Court of Claims and been awarded $3,151.38, cannot pursue an Eighth Amendment claim based on the same incident, even though he wished to pursue punitive damages, which …
Article • May 15, 2007
Filed under: Medical, Skeletal Injury
Pennsylvania Jail Suit for Failure to Treat Broken Jaw Dismissed by The plaintiff was punched in the jaw by another prisoner and was given pain medication and cotton to bite on by medical staff. He went back five of the next six days complaining of continued severe pain, numbness, and …
New Jersey Jail Conditions Suit Goes Forward by The plaintiffs failed to prove that sleeping on two and a half inch-thick mattresses on the floor for months caused their lower back pain. Lack of pillows did not rise to a constitutional level. Food (459): A complaint based only on the …
Article • May 15, 2007
No Police or Hospital Liability for Catheterizing Motorist for Drug Test by The plaintiff ran out of gas and was walking down the road, without a coat in January. Sheriff's deputies concluded he was "bonkers" and "totally out of it," so they took him into custody, handcuffing him though they …
Article • May 15, 2007
No Sentencing Guidelines Departure for Heart Transplant by An "extraordinary physical impairment" may justify a downward departure under the federal sentencing guidelines, but the district court declined to grant one based on this criminal defendant's severe cardiac problem and the fact that the Bureau of Prisons does not provide organ …
Article • May 15, 2007
Wackenhut is a State Actor for Section 1983 Liability by Wackenhut is a State Actor for Section 1983 Liability The Wackenhut Corporation and its employees are "state actors" under § 1983 with respect to their operation of a jail under contract with the state. The plaintiff's allegation that a nurse …
Article • May 15, 2007
Parties Involvement Must Be Shown in Vascular Care Suit by The plaintiff alleges that the defendants denied him appropriate medical care for a vascular condition, causing him great pain over an extended period of time and resulting in his confinement to a wheelchair. The court recites medical care boilerplate, including …
Article • May 15, 2007
Jail Delay in Treating Injured Hand Okay by The pro se plaintiff alleged that he was in pain from an unspecified injury to his hand. His hand was x-rayed and he was told it was "just swollen." He continued to complain of pain, a specialty consult was ordered, the order …
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