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Iowa Prisoner Has No Right to Blood Samples Disposed of According to Religious Beliefs by The U.S. Court of Appeals for the eighth Circuit, held that the US District Court for the Northern District of Iowa, did not error when denied a prisoners suit, for failure to dispose of his …
Texas Prison System Declared Unconstitutional; Reforms Ordered by In a class-action suit by Texas prisoners with the U. S. as a plaintiff-intervenor, a Texas federal district court held that Texas prisons: (1) were grossly overcrowded; (2) had wholly inadequate sanitation and recreation facilities; (3) used inadequate disciplinary procedures; (4) allowed …
KY Guards Found Liable in Denial of Medical Care. by The Sixth Circuit Court of Appeals held Hardin County, Kentucky was not liable in a prisoner's denial of medical care claim, but upheld an award against two guards. Prior to his incarceration in the Hardin County Jail, the prisoner had …
Mississippi Prison and Jail Officials Immune From Medical Neglect Suits by The Mississippi Supreme Court held that prison medical personnel are immune from any suit brought by a prisoner alleging negligence or wrongful death. This suit was brought by the estate of a Mississippi prisoner who died of meningitis. The …
Article • May 15, 2007
Waiver of Right to Sue Questioned in Prisoner's §1983 Claim by Waiver of Right to Sue Questioned in Prisoner's §1983 Claim The U.S. Sixth Circuit Court of Appeals reversed dismissal by the U.S. District Court, Northern District of Ohio, in a state prisoner's dental care suit and ordered the lower …
Article • May 15, 2007
Psychological Evaluation and Consent to Release Required for Hepatitis C Treatment by Psychological Evaluation and Consent to Release Required for Hepatitis C Treatment A Pennsylvania Federal District Court denied a prisoner's motion for a preliminary injunction to compel treatment for his Hepatitis C infection without requiring him to submit to …
Jail Policies Regarding HIV Infected Prisoner Unconstitutional by The U.S. District Court for the Western District of New York held that certain practices of the Erie County (New York) Holding Center regarding the handling of an HIV-infected prisoner violated New York State law and the U.S. Constitution. Former prisoner Louise …
Article • May 15, 2007
Dismissal for Local Rule Violation Reversed in OK Jail Beating by The Tenth Circuit Court of Appeals held the dismissal of a complaint for violation of a local rule of procedure is too harsh, that Oklahoma's two- year statue of limitations applies to §1983 suits, and that the prisoner stated …
Article • May 15, 2007
Failure to Administer Medication as Prescribed not Actionable by The Seventh Circuit Court of Appeals held that a guard's failure to administer medication exactly as prescribed, without additional exacerbating hardships, does not violate the Eighth or Fourteenth Amendments. This 42 U.S.C §1983 action was brought by a pretrial detainee at …
Article • May 15, 2007
Hunger Striking NH Prisoner Can Be Force Fed by The New Hampshire Supreme Court held a prisoner may be forced to receive medical treatment to prevent him from starving to death. The prisoner was simply tired of what life held for him and wanted to live freely or allow himself …
Article • May 15, 2007
New York Prisoner Wins Medical Neglect Law Suit by The US Court Of Appeals for the Second Circuit reversed a District Court's dismissal of a complaint filed by a prisoner at the Attica Prison in New York. The prisoner filed the complaint because he was transferred back to the prison …
Article • May 15, 2007
Filed under: Medical, Podiatry
$500 Paid in NY Prisoner Medical Negligence Claim. by Willie Sykes, a Sing Sing Correctional Facility prisoner at the time of trial, complained of pain in his heels at Downstate Correctional Facility, and staff advised him to see a podiatrist when he got to the next facility. Ten days later …
Article • May 15, 2007
Federal Jury Awards $225,000 to Georgia Prisoner Denied Glaucoma Medication by In this case published in April 1991, a federal jury awarded $225,000 to a man who was denied prescribed glaucoma medicine while in the Fulton County (Georgia) Jail. Plaintiff Smith (first name unknown), was arrested for trafficking cocaine and …
Heroin Withdrawal a Serious Medical Need in Addict's Jail Death by A Maryland federal district court has held that withdrawal from a heroin addiction is a serious medical need. This action was filed by the widow of a pretrial detainee who died two days after being incarcerated at Maryland's Cecil …
Article • May 15, 2007
Disputed Facts Warrant Summary Judgment Reversal in Amputated Finger Case by The U.S. Seventh Circuit Court of Appeals has reversed Wisconsin District Court's grant of summary judgment to a deputy sheriff in a case involving amputation of a prisoner's finger. Robert Sallie, a Wisconsin prisoner, was confined in the Dane …
Article • May 15, 2007
Jury Instruction And Exclusion Of Jail Standards Upheld In Failure To Protect Suit by Jury Instruction And Exclusion Of Jail Standards Upheld In Failure To Protect Suit The US Court Of Appeals for the Eighth Circuit held that a US District Court did not err in excluding jail standards and …
Article • May 15, 2007
Vermont Prisoners State Claim for Systemic Medical Neglect Law Suit by The US Court Of Appeals for the Second Circuit reversed a Vermont District Court's decision dismissing a class action law suit, by Vermont state prisoners' because they failed to state a claim upon which relief could be granted. Prisoners …
Article • May 15, 2007
Filed under: Medical, Pain, ENT, Failure to Treat
$850 Paid in Prisoner's Medical Failure to Treat Claim by Samuel L. Page, Jr., a prisoner at Washington's Airway Heights Correctional Center, suffered from enlarged parotid glands that caused him severe pain and suffering. He filed a 42 U.S.C. §1983 claim alleging Eighth Amendment violations for failure to treat his …
Article • May 15, 2007
$200,000 Verdict for Florida Prisoner in Failure to Treat Epilepsy by The plaintiff in this case was arrested and housed in Florida's Broward County Jail. Upon his arrest, he had a history of epilepsy and brought his medication with him to the jail. A doctor employed by defendant Prison Health …
$75,000 Award Upheld in Use of Carcinogense Blood Detection Agency by The First Circuit has ruled that the forcible application of benzidine, known as a primary carcinogen, to prisoner's bodies was a constitutional violation and sufficient to warrant damages. On November 2 and 3, 1974, Douglas S. Gomes and several …
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