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Prison Doctor's Lack of Knowledge Does Not Constitute Deliberate Indifference by The Ninth Circuit U.S. Court of Appeals held that a Hawaii prison doctor's medical malpractice resulting in the death of a prisoner, while demonstrating negligence, did not rise to the level of "deliberate indifference" to establish Eighth Amendment cruel …
Article • May 15, 2007
Michigan Prisoner Civil Suit for Sexual Abuse by In an unpublished ruling, the U.S. Court of Appeals for the Sixth Circuit held that a Michigan district court erred in dismissing a prisoner's civil rights suit for sexual assault by two guards and an emergency room doctor. The prisoner had chest …
Social Security Application Claims Estop Fired Jailer's ADA Claims by The U .S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, held that a former jail guard's claim, brought under the Americans with Disabilities Act (ADA) that he was terminated because he …
Article • May 15, 2007
Judge Immune From § 1983 Action by Judge Immune From § 1983 Action The U.S. Supreme Court held that an Indiana circuit judge acting under Indiana law was immune from liability under 42 U.S.C. 1983, even if he issued an erroneous ruling. A woman and her husband filed suit under …
Article • May 15, 2007
District Court Enjoins Illinois Prison Regarding Deficient Health Care by Illinois prisoners at the Menard Correctional Center (MCC) filed suit under 42 U.S.C. §1983 and state law claims, asserting that health care at MCC was constitutionally inadequate and that MCC engaged in "systematic denial of adequate health care services." The …
Prisoner's Complaint Dismissed; Administrative Exhaustion Untimely; Excessive Force Not Used by Prisoner's Complaint Dismissed; Administrative Exhaustion Untimely; Excessive Force Not Used The U.S. Seventh Circuit Court of Appeals, affirming a Wisconsin federal district court, held that a state prisoner's complaint was properly dismissed where some claims were not timely exhausted …
Sixth Circuit Affirms Qualified Immunity Denial; MDOC Director's Policy Challenged by Sixth Circuit Affirms Qualified Immunity Denial; MDOC Director's Policy Challenged The U.S. Sixth Circuit Court of Appeals affirmed denial of qualified immunity to the director of the Michigan Department of Corrections (MDOC) in a complaint brought by the father …
Article • May 15, 2007
Limits On Medical Malpractice Damages Violates Texas Constitution by The Texas Supreme Court held that statutory limits placed on medical malpractice damages violated the Texas Constitution. Infant Christopher Lucas had a penicillin product injected directly into an artery; a blockage formed causing the blood-starvation of nerve cells. Christopher was permanently …
Article • May 15, 2007
New York: Nassau County Settles With Assaulted Prisoner For $98,500 by On February 27, 2001, Nassau County, New York, settled with a former prisoner who had been assaulted by another prisoner for $98,500. While imprisoned in the Nassau County Correctional Facility on a 90-day sentence for DUI, plaintiff Darrin Rydberg …
Article • May 15, 2007
New York State Prisoner Awarded $1,000 For Work Related Knife Injury by On June 26, 2002, a state court of claims awarded New York state prisoner Jose Santiago $1,000 for a knife injury he sustained while working in the prison butcher shop. The injury required two stitches. While working in …
Article • May 15, 2007
No Deliberate Indifference to Medical, Denial of Access to Courts by The U.S. Court of Appeals for the Ninth Circuit held that the delay of a prisoner's medical treatment did not constitute deliberate indifference, nor did his limited access to legal research material constitute denial of access to the courts. …
Article • May 15, 2007
Partial Amputation Defeats Summary Judgment by A Georgia federal district court has denied summary judgment to a doctor who treated a pre-trial detainee, holding the disputed facts merit resolution by a jury. Kenneth J. Seals asserted a state law claim of medical malpractice and Eighth Amendment violations for cruel and …
Arizona: Failure to Provide Hearing Aid States Claim Under ADA, RA by In this unpublished decision dated January 16, 2003, the Arizona Court of Appeals, Division One, held that a prisoner's assertion, that the Arizona Department of Corrections (ADOC) failed to timely provide him with hearing aids, stated a prima …
Article • May 15, 2007
Filed under: Medical, Hepatitis
Dismissal of HCV Claim Affirmed by The U.S. Sixth Circuit Court of Appeals affirmed the grant of summary judgment to defendant prison officials by the U.S. District Court, Eastern District of Kentucky in a case involving treatment for Hepatitis C Virus (HCV). Kentucky prisoner David Johnson sued Kentucky prison officials …
Article • May 15, 2007
Prisoner Claim of Medical Co-payment and Delay in Treatment for Aspirin Dismissed by Prisoner Claim of Medical Co-payment and Delay in Treatment for Aspirin Dismissed Colorado Department of Corrections prisoner Benito Negron filed a State mandamus action seeking relief from a prison policy of co-payment for medical services and an …
Article • May 15, 2007
Filed under: Medical Expenses, Juveniles
L.A. County Pays $46,752 for Hospitalization of Juvenile Injured During Arrest by by John E. Dannenberg The County of Los Angeles (L.A.) settled a claim brought by St. Francis Medical Center for hospitalization of a juvenile who was severely injured when his car crashed while he was evading arrest. On …
Article • May 15, 2007
Filed under: Classification, HIV/AIDS
Nevada Supreme Court Upholds Segregation of HIV-Positive Prisoners by Nevada state prisoner Brian Lepley appealed a trial court decision denying his federal civil rights claim that he should not be segregated from other prisoners because he is HIV-positive. The Nevada Supreme Court held that Lepley's complaint "did not state a …
Forcing Disabled Prisoner to Work Violates Eighth Amendment by The court of appeals for the Eighth circuit held that a district court properly dismissed an Arkansas prisoner's claim that he was not properly awarded good time credits under state law. The court held the prisoner had stated an Eighth amendment …
Termination of Prospective Relief Under PLRA Constitutional by The defendants in the 30-year class-action Ruiz prison reform suit moved under the PLRA for termination of prospective relief. The district court held a hearing on the motion and denied it, ruling that the termination provisions of the PLRA unconstitutionally violated the …
Washington Supreme Court Holds Sex Offender Treatment Files Confidential by The Washington State Supreme Court held confidentiality agreements that are signed must be supported by mutually agreed upon conditions to be enforced as a contract. An agreement can not be presented as a "Take it or leave it" proposition. The …
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