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Alabama Jail Totality Of Conditions Suit by The US District Court Of Alabama ruled on a action brought by the prisoners at the Choctaw County jail. The prisoners complained of numerous violations of state codes for safety, and violations of their constitutional right to be free from cruel and unusual …
Denial of PI Affirmed, But Claim Has "Colorable Merit" by Denial of PI Affirmed, But Claim Has "Colorable Merit" The U.S. Second Circuit Court of Appeals held that a federal district court did not err in denying a prisoner a preliminary injunction. Francis Conti, a New York State prisoner, sued …
Jury Need Decide Superintendents Liability in GA Prisoner's Death by This case was before the Eleventh Circuit Court of Appeals for the second time on a 42 U.S.C. §1983 action arising from the death, after a severe asthma attack, of a Georgia prisoner. The first appeal, Howell v. Evans, 922 …
Article • May 15, 2007
Filed under: Furloughs, Medical, Transplants
WA DOC Can Provide Organ Transplants by A Washington Appeals Court has held that a defendant convicted of delivery and possession with intent to deliver cocaine is not entitled to home detention for medical reasons. The defendant had received two liver transplants, and he was still under close observation by …
$40,000 Settlement In Washington Employee Wrongful Termination Suit by In 1999 the Washington State Department of Corrections settled a law suit with Dorothy Holt and Janet Holt, mother and daughter who were nurses at Washington Corrections Center, for $40,000 for wrongful termination. Plaintiff's brought suit after being terminated for complaining …
Article • May 15, 2007
6th Circuit: § 1983 Claims Against County Must Connect Policy, Violation by In this case involving the death of a prisoner in the Washtenaw (Michigan) County Jail, the U.S. Sixth Circuit Court of Appeals held that the decedent's estate had not shown that his death resulted from a county custom …
Article • May 15, 2007
Filed under: Medical, Kidney
Lifesaving Medical Treatment Mandated for IA Prisoner Despite Refusal by The Iowa Supreme Court has held the state has a compelling interest in requiring lifesaving medical treatment of a prisoner despite his refusal of that treatment. The prisoner was refusing daily kidney dialysis treatment, which would have resulted in his …
Article • May 15, 2007
Texas: Fifth Circuit Reinstates Epileptic Prisoner's Federal, State Claims by In this appeal by an epileptic individual who suffered a seizure in the Kerr County (Texas) Jail, the U.S. Fifth Circuit Court of Appeals held that fact issues precluded summary judgment of his federal claims and that he stated causes …
Article • May 15, 2007
New York Prisoner Awarded $579,000 For Untreated Knee Injury by In October 1998, a New York court of claims awarded a state prisoner $579,000 for a knee injury that went untreated. While playing basketball, the plaintiff, a 33-year-old prisoner, heard a pop in his knee. He was carried to the …
Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution by Private Industries Employee Liable for using Disciplinary Hearing to Secure Restitution A Kansas federal district court denied in part and granted in part a motion for summary judgment filed by defendants in a 42 U.S.C. Section 1983 action …
Article • May 15, 2007
Nurse Denied, Sheriff Granted, Qualified Immunity on Prisoner's Stroke by The U.S. Sixth Circuit Court of Appeals, partly reversing the U.S. District Court for the Eastern District of Tennessee, held that a jail nurse was not entitled to qualified immunity but that the sheriff and jailer were so entitled, in …
Article • May 15, 2007
Ohio Court Of Appeals Awards Injured Prisoner $100,000 by On June 4, 1988, the Ohio Court of Appeals, Tenth Appellate District, awarded a state prisoner $100,000 for severe burns to his leg, reversing a Court of Claims judgment awarding the prisoner $20,000. While working to unplug a drain at the …
Article • May 15, 2007
Prison Doctor, Administrators Not Indifferent; Prison Nurse Was by The U.S. Seventh Circuit Court of Appeals held that an Indiana prisoner's complaint stated a claim for deliberate indifference to a serious medical need against a prison nurse but did not state a claim against either the prison's physician or administrators. …
Article • May 15, 2007
Los Angeles County Prisoner Settles Shoulder Injury Claim For $10,000 by On December 24, 2001, a man who claimed his shoulder was injured when a Los Angeles County court bus abruptly stopped settled his lawsuit for $10,000. Plaintiff Leo Vargas, a 47-year-old auto mechanic, was riding a county court bus …
Article • May 15, 2007
Texas Appeals Court Upholds Epileptic Prisoner's $60,000 Award by In this appeal by Harris County, Texas, and Sheriff Jack Heard (Appellants), the state Court of Appeals, 14th District, upheld a $60,000 jury verdict in favor of a former epileptic prisoner who was injured as a result of Appellants' negligence. On …
CCA Settles Wrongful Death Suit in Texas For $60,000 by In 1998, Corrections Corporation of America (CCA) paid $60,000 to settle a lawsuit filed by the father of a prisoner who died from a drug overdose at a CCA-operated prison. Hugh Wayne Martin, a Texas state prisoner, was transferred to …
Article • May 15, 2007
Eighth Circuit Upholds Judgment Against CMS For Delayed Dental Care by In an unpublished opinion filed on August 7, 2001, the U.S. Eighth Circuit Court of Appeals upheld a judgment against Correctional Medical Services (CMS) for failing to provide adequate dental care to a Missouri prisoner. While imprisoned in the …
Article • May 15, 2007
$201,000 Settlement in Death of California Prisoner with Hepatitis C by In June 2002, the California Department of Corrections (CDOC) settled for $201,000 a wrongful death suit alleging denial of appropriate medical care for hepatitis C. The lawsuit, brought by the family of Rosemary Willeby, claimed her October 1999 death …
Article • May 15, 2007
Disagreement on Medical Treatment Fails to State Constitutional Violation; Summary Judgment Granted Defendants by Disagreement on Medical Treatment Fails to State Constitutional Violation; Summary Judgment Granted Defendants An Illinois federal district court granted summary judgment to doctors at Joliet and Stateville Correctional Center in a 42 U.S.C §1983 action alleging …
Article • May 15, 2007
Filed under: Medical
Jail Has No Duty to Warn of MRSA by A Los Angeles County jury entered a verdict in favor of the County in a lawsuit filed by a contractor who alleged he had a right to be advised of possible infection of Methicillin Resistant Stop Aureaus (MRSA). Herman Tubbs, 62, …
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