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Article • May 15, 2007
CMS Liable as State Actor For Denying HCV Care in NJ by The plaintiff complained about his medical care, reciting a long and tortured history of his treatment and non-treatment for Hepatitis A, B, and C, and rheumatoid arthritis that may or may not have been caused by it. The …
Article • May 15, 2007
Denial of Feet Treatment, Paralegal Education, Visiting Suit Dismissed by The plaintiff's allegation of denial of treatment for "fallen arches" and "flat feet" do not "suggest a serious medical condition," so his claim is dismissed. The court cites no authority whatsoever for this medical judgment. The denial to plaintiff of …
Psychotropic Medication Claim Requires Expert Testimony by The plaintiff alleged that the defendant contract psychiatrist subjected him to unnecessary psychotropic medications in excessively high doses. The plaintiff failed to show he had a serious medical need; such a claim "must be supported by medical evidence, such as a physician's diagnosis, …
Article • May 15, 2007
Court Upholds North Dakota Prisoner's Forced Drugging by The plaintiff was involuntarily administered psychotropic medications, after a hearing, based on his uncontrolled assaultive behavior and his evident paranoia and its consequences. At 1054-55: A competent adult has the right to refuse medical treatment. . . . Courts have based this …
Kansas Jail Retaliates Against Nurse Whistleblower by The plaintiff, a jail nurse, filed a complaint with the state Nurses Association about what she believed to be violations of acceptable nursing practice, and was fired. The violations included crushing medication before dispensing it without any governing protocol, inadequate nurse staffing, giving …
Denial of HIV Treatment Suit against BOP, CCA Dismissed by The plaintiff complained that he did not get adequate HIV treatment in the District of Columbia system because the Federal Bureau of Prisons failed to transfer his medical records (though they did send a piece of paper saying he was …
Article • May 15, 2007
Filed under: Medical, Skeletal Injury
Back Injury Misdiagnosis Okay by The plaintiff said that his back pain was attributed to muscle spasms but a later MRI revealed he had a herniated disc. At most, this is a disagreement over the appropriate medical care, and a specialist who did find the herniated disc recommended "conservative therapy …
Jail/Police Immune for Not Treating Prisoner with Spinal Injury by The plaintiff was a passenger in a car involved in a high speed chase; an officer threw him on the ground while he was handcuffed, causing a permanently disabling spinal injury. He spent three days in jail, where a detention …
Article • May 15, 2007
No Supervisory Liability for Ignoring Back Pain Complaint Letter by The plaintiff alleged that he had serious back pain over a period of time that was not adequately treated. Defendants do not dispute that this is an objectively serious injury, and prior decisions support that conclusion. However, plaintiff has not …
Article • May 15, 2007
Private Medical Transport Company Not Liable for Police Actions by At police direction, a private corporation transported the plaintiff to a police station, where he collapsed from a medication overdose. He had taken 114 pills after arrest while the officers stood around talking. When asked about the empty bottle, he …
Destruction of Prisoner's Medical Records Violates 8th Amendment by The plaintiff alleged that prison medical staff undertreated the pain from his back injury, he filed an internal appeal, and medical and prison staff committed various corrupt acts to derail his appeal or intimidate him into dropping it. The court grants …
Defendants Bear Burden of Proving Non Exhaustion by Defendants moved to dismiss for non-exhaustion supported by a conclusory affidavit stating that the plaintiff has not exhausted "without describing which claims plaintiff failed to exhaust. Inasmuch as exhaustion is an affirmative defense, defendants must raise and prove that plaintiff did not …
Prison Officials Cannot Refuse to Process Grievances by The plaintiff's injunctive claims against prison officials are moot because he has been transferred to another prison. Use of Force (815): The plaintiff's allegation that officers used excessive and unnecessary force against him states a claim. Medical Care--Standards of Liability--Deliberate Indifference (816): …
Jail Staff Not Liable for Violating No Contact Order by The female plaintiff had a court order barring Smith, the father of her child, who was in the Marathon, Wisconsin, jail for trying to have her murdered, from having any contact with her. She was then brought to the jail …
Article • May 15, 2007
Defendant Drugged for Federal Murder Trial by The criminal defendant, accused of killing two Capitol Police officers, was involuntarily medicated to render him competent to stand trial. The court holds that his progress, the reasonableness of the government's request for a six-month continuance, and the medical appropriateness of the treatment …
PLRA Doesn't Require Exhaustion of Non Prison Remedies by The plaintiff alleged that he was subjected to unconstitutional medical care for a spinal injury among other problems and that he was excluded from the prison's Unit for the Physically Disabled in violation of the Americans with Disabilities Act. The plaintiff …
No Municipal Liability for Police Neck Breaking by A police officer broke the plaintiff's neck. The absence of specific directions about neck holds in the county's policy manual did not establish a policy of deliberate indifference. A single manual can't cover every possible police maneuver. The manual tells officers to …
Article • May 15, 2007
No Immunity for California Cops Leaving Mentally Ill Man in Vegetative State by The defendant police officers decided to take the mentally ill plaintiff into custody for his own safety, so they knocked him down and put their knees into his back and neck. Now he is in a permanent …
Wyoming Federal Court Defers Termination Of Consent Decree, Allows Discovery by by Michael Rigby In this case involving a motion by Carbon County officials to terminate a 1987 consent decree regarding prisoner medical care, the U.S. District Court for the District of Wyoming twice granted plaintiffs' discovery motions: once to …
West Virginia Prisoner's Claiming Physical or Sexual Abuse Exempt from Administrative Exhaustion Req by West Virginia Prisoner's Claiming Physical or Sexual Abuse Exempt from Administrative Exhaustion Requirement The Supreme court of Appeals of West Virginia has held that a prisoner alleging past, current, or imminent physical or sexual abuse is …
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