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Article • May 15, 2007
Force Feeding of Washington Prisoner Upheld by The Washington Court of Appeals upheld a Washington Department of Corrections (WDOC) policy allowing the force-feeding of hunger-striking prisoners. Charles McNabb set fire to his estranged wife's home, seriously burning his 16-year-old step-daughter, who was inside. Guilt and grief stricken for hurting her, …
Article • May 15, 2007
No Medical Co-Pay for Indigent Illinois Prisoners by The Illinois Appellate Court reversed a lower court's denial of injunctive relief on a pro se prisoner's claim that indigent prisoners are improperly being charged $2.00 medical co-payments. Illinois statutes and rules authorize the Illinois Department of Corrections (IDOC) to deduct a …
Failure to Provide Medical Records Waives Florida's Medical Malpractice Pre-Suit Requirements by Failure to Provide Medical Records Waives Florida's Medical Malpractice Pre-Suit Requirements Florida's Fourth District Court of Appeal has held that a Palm Beach Circuit Court improperly dismissed a prisoner's medical malpractice suit for failing to comply with pre-suit …
$275,000 Awarded to Washington Prisoner For Negligent Medical Care After Falling In Jail by $275,000 Awarded to Washington Prisoner For Negligent Medical Care After Falling In Jail Plaintiff and Washington State prisoner Michael Shea fell in jail injuring his spine and causing permanent damage. He brought action against the City …
$40,000 Assessed Against WA DOC For Failure To Release Contract Medical Provider's Records by $40,000 Assessed Against WA DOC For Failure To Release Contract Medical Provider's Records Columbia Legal Services (CLS) brought action against the Washington State Department of Corrections (DOC) in 2003 for not providing public record documents requested …
Article • May 15, 2007
Cost, Political/Public Criticism Not Legitimate Concern in Denying Transsexual Medical Needs by Cost, Political/Public Criticism Not Legitimate Concern in Denying Transsexual Medical Needs This case takes on the more bizarre aspects of the Farmer v. Brennan deliberate indifference standard in a more direct way than anything I have previously seen. …
Article • May 15, 2007
Idaho Shaving Rule Infraction Against Prisoner with Brain Problem Vacated by The plaintiff, who suffers from a neurological disorder causing jerking and shaking, declined to shave because doing so with a razor blade endangered his safety (he had already cut himself trying to do so), and they wouldn't let him …
Article • May 15, 2007
Eye Damage Cause by TB Medication Suit Dismissed for Failure to Exhaust by The plaintiff suffered severe visual damage from TB medication. He didn't exhaust against the nurse who made him take the medication and ignored his complaints of side effects. Non-exhaustion is not excused by the fact that he …
North Carolina Jail Liable for Brain Injury by The plaintiff was arrested, fell and hit his head while handcuffed as a result of a use of force, and sustained permanent serious brain damage as a result of a blood clot. Jail staff did not carry out a doctor's order to …
Hernia Suit Dismissed for Lack of Injury by The plaintiff alleged that upon admission to prison, he was diagnosed with a bilateral inguinal hernia, but nonetheless approved to perform any type of work, and not told he had a hernia. Eventually he found out and asked for surgery, and was …
Article • May 15, 2007
10th Circuit Reverses Sua Sponte Medical Claim Dismissal by The Tenth Circuit Court of Appeals reversed a lower courts sua sponte dismissal of a Utah prisoner's deliberate indifference action, for failure to state a claim. Utah prisoner Joe Martinez has a cyst on his left testicle and epididymis of his …
Article • May 15, 2007 • from PLN May, 2007
Suit For Untreated Diabetic Prisoner’s Death In Los Angeles County Jail Lobby Settled For $700,000 by Suit For Untreated Diabetic Prisoner's Death In Los Angeles County Jail Lobby Settled For $700,000 The Los Angeles County Claims Board settled out a wrongful death lawsuit for $700,000 that resulted from a jail …
$143,774.55 Attorney Fee and Costs Award in New York EMSA Suit by Matthew Clarke by Matthew T. Clarke On May 16, 2006, a New York federal district court magistrate recommended awarding $143,774.55 in attorney fees and costs to the attorneys who represented a prisoner in a civil rights action. Byron …
Article • May 15, 2007 • from PLN May, 2007
Audit of California DOC Contracted Healthcare Expenditures Reveals Rampant Waste, Abuse and Management Deficiencies by Marvin Mentor In August 2006, State Controller Steve Westly reported his fiscal review of the California Department of Corrections and Rehabilitation?s (CDCR) prisoner healthcare delivery system expenditures to Robert Sillen, Receiver for the California Prison …
Article • May 15, 2007 • from PLN May, 2007
Missouri Elective Abortion Ban Ruled Unconstitutional In Class Action by A federal court in Missouri held in a class action lawsuit that a prison policy barring elective abortions was unconstitutional and invalid. The Missouri Department of Corrections (DOC) and its medical provider, Correctional Medical Services (CMS), routinely transported women prisoners …
U.S. Supreme Court: Failure to Exhaust Remedies Is an Affirmative Defense Under the PLRA by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held on January 22, 2007 that when a prisoner files an action governed by the Prison Litigation Reform Act (PLRA), the question of whether …
Article • May 15, 2007
Denial of Medical Care by Police to Force Confession Illegal by The court of appeals for the Fourth circuit held that a district court erred in dismissing a Virginia jail detainee's claim that he was denied medical care by police detectives attempting to force him to confess to a crime. …
Article • May 15, 2007
Blood for Good Time Creates Liberty Interest by A federal district court in Rhode Island held that a Rhode Island statute giving prisoners time off their sentences in exchange for blood donations by prisoners created a liberty interest. Prisoner plaintiff was transferred out of state where he could not reduce …
Forced Psychotropic Drugging Verdict of $17,000 Affirmed by The court of appeals for the Seventh circuit held that a jury had. properly found in favor of an Illinois prisoner who was forcibly drugged with psychotropic drugs. The plaintiff was an Illinois prisoner in fear of his life after being threatened …
BOP Liable for Medical Neglect under State Tort Law by BOP Liable for Medical Neglect Under State Tort Law A federal district court in Pennsylvania held that the Bureau of Prisons (BOP) was liable under the Federal Tort Claims Act for injuries a federal prisoner suffered as a result of …
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