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Article • May 15, 2007
Prisoner Loses Dental Suit Against PHS by The plaintiff told the prison dentist that he wanted his remaining teeth pulled and to be provided with dentures. The dentist said he would try to avoid dentures and that the plaintiff had many sound teeth that he could keep with proper care. …
Color Blindness is Major Life Activity Under ADA by Color Blindness is Major Life Activity Under ADA The plaintiff bus driver was found to be color blind and was told to resign or be terminated. He sued under the ADA, alleging that he was regarded by the Transit Authority as …
District Court Awards Attorney Fees on Forced Medication Claim by The U.S. District Court for the District of Utah awarded attorney fees and costs to a jail prisoner who complained of being forcibly medicated with psychotropic drugs. The fees awarded, however, were only about one-third the requested amount. Daniel Howard …
Article • May 15, 2007
Prison Doctors Denied Summary Judgment on Deliberate Indifference Claim by The U.S. District Court for the District of Hawaii denied summary judgment to five prison doctors at the Maui Community Correctional Center (MCCC) and the Halawa Correctional Facility (HCF) in Hawaii in a claim of deliberate indifference to a serious …
$75,000 Awarded to Prisoner for Inadequate Medical Care by $75,000 Awarded to Prisoner For Inadequate Medical Care An Iowa prisoner escaped from prison and shot two cops. When captured he was badly beaten and then denied medical treatment for his injuries. He filed suit and at trial he was awarded …
Prison and CMS Liable for Prisoner's Asthma Death by The court of appeals for the Eleventh circuit held that Georgia prison officials were liable for a prisoner's death from asthma. The prison officials were deliberately indifferent to the prisoner's health and the prison lacked adequate medical facilities. That the Georgia …
Article • May 15, 2007
$210,000 Awarded in Tennessee Jail Heat Stroke Death by A federal district court in Tennessee awarded $100,000 in compensatory and 110,000 in punitive damages to the children of a prisoner who died of heat stroke in the Chattanooga jail in Tennessee. Court held that jail's failure to take remedial action …
Article • May 15, 2007
Atlanta Jail Conditions Unconstitutional by A federal district court in Georgia approved a consent decree against the Fulton county jail in Atlanta, GA, due to inhumane conditions. Court held that medical care was substandard, detainees were exposed to communicable diseases. Due to vermin infestation there was no clean place to …
GA Detainee Awarded $50,000 in Damages, Plus Fees, Over Jail Conditions by The court of appeals for the Eleventh circuit affirmed a district court ruling awarding a Georgia jail detainee $45,000 in compensatory damages, $5,000 in punitive damages and $13,376.25 in attorney fees after he was held in disgusting jail …
Article • May 15, 2007
Medication Verdict Vacated over Witness, Nominal Damages by Medication Verdict Vacated Over Witness, Nominal Damages An epileptic Missouri prisoner sued under § 1983 when guards repeatedly took his epileptic medication. At trial he was awarded $1 in nominal and damages and $1 in punitive damages for the resulting epileptic fits …
CO Medical Co-Pay Fee Overturned, Plaintiffs Awarded Atty Fees by Colorado prisoners successfully challenged a state statute charging prisoners $3 each time they sought medical care. The lawsuit alleged the co-pay statute violated their Eighth amendment rights. Before trial the state amended the statute to exclude most services. The district …
Article • May 15, 2007
Appointment of Counsel in 7th Circuit Discussed by The court of appeals for the Seventh circuit sets forth the standard to be used by lower courts in appointing counsel to represent indigent prisoners in civil cases. The underlying suit was for medical neglect and the Indiana plaintiff was blinded as …
No Right to Medical Care beyond that Given by Prison by No Right to Medical Care Beyond that Given by Prison The court of appeals for the Ninth circuit held that a Washington prisoner who died of a heart attack had no constitutional right to medical care beyond that given …
Article • May 15, 2007
Pre-operative Transsexual "Deliberate Indifference" Claims Set for Trial by Pre-operative Transsexual "Deliberate Indifference" Claims Set for Trial A Federal District Court in Pennsylvania has partially denied summary judgment in a case in which a transsexual Pennsylvania prisoner claimed that prison doctors and administrators ignored serious medical needs related to gender …
Sheriff's Delay Or Denial Of Detainee's Serious Medical Needs Ruled Sufficient To Defeat Summary Judgment Motion by The Fifth Circuit US Court of Appeals ruled that a sergeant's actions that resulted in delay or denial of medical care to a county jail detainee who subsequently died from alcohol withdrawal seizures …
Article • May 15, 2007
Loss of Prisoner's Dentures and Heart Medication Valid Claims by The court of appeals for the Seventh circuit has held that a guard's intentional loss of a prisoner's dentures and heart medication is actionable under 42 U.S.C. § 1983 as two separate claims for deliberate indifference to serious medical needs …
Expert Testimony Required in Medical Claims by A Pennsylvania prisoner survived a motion for summary judgment by prison health care providers after a U.S. District Court ruled that expert testimony was not required to establish the severity of his medical need nor the defendants' indifference to it. William McCabe, complaining …
District Court Partly Upholds Prisoner's Excessive Force, Medical Negligence Claims by A federal district court in the Western District of Virginia has partly upheld a prisoner's civil rights claims against Virginia prison officials. Discovery was ordered in the case. Tyrone Shelton is a Virginia prisoner at Red Onion State Prison …
Article • May 15, 2007
Additional Evidence in New York Medical Claim Allowed in Part by The United States District Court, Southern District of New York, has granted in part a New York Department of Correctional Services (DOCS) prisoner's motion to submit additional new evidence in a long-running suit over inadequate medical care. Ronald Davidson …
Prisoner's Out-of-Time Medical Neglect Lawsuit Allowed to Proceed by A U.S. District Court denied a county's motion to dismiss a prisoner's medical neglect claims and granted relief to the prisoner under Federal Rule of Civil Procedure 60(b)(6) by reinstating an action that earlier had been dismissed without prejudice. In August …
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