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Negligence Claim Stated in Florida Jail Prisoner's Suicide by The Eleventh Circuit Court of Appeal has upheld a Florida district court's grant of judgment as a matter of law on a claim of deliberate indifference to medical needs and a state tort claim of negligent supervision, training, and management in …
Contempt Order Extends Life of Georgia Jail Settlement Agreement by Georgia's Third Division Court of Appeals has held that the failure to purge a contempt finding was sufficient to extend the duration of a settlement agreement. The Georgia trial court found that Dekalb County and various county officials had failed …
Article • May 15, 2007
Officials Engaged in Routine Medical Procedures not Deliberately Indifferent; Supervisors May be Liable by The Second Circuit Court of Appeals has held that persons engaged in the performance of routine medical procedures were not deliberately indifferent to the plaintiff prisoner's serious medical needs in this case. Supervisory prison officials, however, …
Florida Jail Liable in Medical Neglect Death by PHS by Carol Ancata, personal representative of Anthony Ancata, deceased, and natural guardian of Tara Ancata, filed a lawsuit against Prison Health Services, Inc. (PHS), the Broward County Jail and the Sheriff of Broward County (defendants) for violating Anthony Ancata's Fourteenth and …
Article • May 15, 2007
$1,000,000 Award for Crude, Nonconsensual Finger Amputation by On May 22, 2001, a South Carolina jury awarded $1 million to a state prisoner who claimed that after he traumatically severed his ring finger in a slip and fall accident, a prison doctor crudely amputated the residual bone at the prison …
Article • May 15, 2007
Filed under: Medical, Appendicitis
$2,000 Paid in Washington Prisoner's Medical Negligence Claim by While at the Washington Correction Center for Women, Monica Grimmett had experienced stomach pain. When she went to sick call complaining of severe pain, she was told she was ovulating and given Maalox. Two days later, she requested emergency clinic and …
Prison Liable in Denying Bone Marrow Transplant by The court of appeals for the Eighth circuit held that prison officials can be held liable for promulgating policies that deny treatment to prisoners suffering from fatal illnesses, even when the prison has contracted out its medical care to a third party. …
Article • May 15, 2007
$28,500 Paid in Florida Jail Prisoner's Medical Negligence Claim by On October 13, 1986, Neal D. Braude cut open his little finger on his right hand at the Florida Dade County Jail. Jail personnel failed to treat the injury. The hand eventually became infected and required three surgical procedures that …
Article • May 15, 2007
US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues by US Supreme Court Held Plaintiff Must Inform Himself Of His Legal/Medical Rights; Defines When Claim Accrues The US Supreme Court held that any claim against the United States in a Federal Tort Claims …
Article • May 15, 2007
$100,000 Paid to Arizona Prisoner for Failure to Treat Dental Problem by Danny W. Thompson, a prisoner at Arizona's Winslow Prison, suffered from severe periodontal disease when he requested medical assistance in January 1993. Thompson self-extracted 5 teeth prior to being seen by a dentist in May 1993. His lawsuit …
$9,500 Paid in Washington DOC Employee's Whistleblower Suit by William C. Dalton, a nurse at Washington's McNeil Island Correctional Center, repeatedly raised issues regarding deficiencies in equipment, protocol and staffing at MICC. In July 1996, Dalton was instructed to participate in chemotherapy for a patient/prisoner at MICC. Dalton became concerned …
Article • May 15, 2007
$10,000 Paid for Failure to Perform Washington Prisoner's Surgery by Washington Prisoner Austin Mora-Gonzales sued officials of the Washington Department of Corrections for failing to perform their duty to provide him with surgery or ameliorate the pre-existing spinal condition he had. On October 10, 2002, the WDOC settled the suit …
Article • May 15, 2007
Seventh Circuit: Administration of Delousing Shampoo in Indiana Jail Constitutional by Seventh Circuit: Administration of Delousing Shampoo in Indiana Jail Constitutional On September 16, 2004, the U.S. Seventh Circuit Court of Appeals held that Indiana jail officials did not violate prisoners' constitutional rights by telling them to wash their hair …
Article • May 15, 2007
County Jail Not Liable for Failure to Treat Knee Injury by The U.S. Eighth Circuit Court of Appeals, affirming the U.S. District Court of Minnesota, held that a county jail was not liable for failure to schedule an operation on a jail prisoner's knee injured by a jail guard. Steven …
County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld by County Liable in Prisoner Death, Individual Defendants Not; $147,000 Jury Verdict Upheld The U.S. Court of Appeals for the Tenth Circuit held that the level of medical care received by a county jail prisoner was violative of …
Summary Judgment Reversed on Denial of Meals to Diabetic Prisoner by The U.S. Third Circuit Court of Appeals vacated and remanded summary judgment to Pennsylvania prison officials on claims that a prison guard denied a diabetic prison meals following the prisoner's receiving insulin injections. Robert McCargo is a Pennsylvania prisoner …
Article • May 15, 2007
Environmental Tobacco Amendment Exposure Alone Doesn't Violate Eighth Amendment by Environmental Tobacco Amendment Exposure Alone Doesn't Violate Eighth Amendment The U.S. Sixth Circuit Court of Appeals affirmed the U.S. District Court for the Middle District of Tennessee in denying a Tennessee Department of Corrections (TDOC) prisoner's claim that exposure to …
Article • May 15, 2007
Forcible Administration of Antipsychotic Medication Doesn't Violate Due Process by The U.S. Fourth Circuit Court of Appeals affirmed the U.S. District Court for the District of Maryland in holding that state prison officials' forcible administration of antipsychotic medication to a prisoner did not violate the prisoner's right to due process. …
$4,000 Award to IN Jail Prisoner Placed on Suicide Watch by The U.S. District Court for the Northern District of Indiana denied a motion by the Allen County, Indiana sheriff and two sheriff's deputies, defendants, for judgment notwithstanding the verdict (JNOV) or a new trial. A former county jail prisoner …
Article • May 15, 2007
Differing Medical Opinions Not Deliberate Indifference by The Ninth Circuit has held that differing medical opinions do not constitute deliberate indifference. In November 1986, while at the Maricopa County Jail in Arizona, Douglas Eric Sanchez was diagnosed with chronic perirectal abscess and told he would require surgery. Before receiving an …
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