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Article • May 15, 2007
Negligence Unproven in Ohio Prisoner's Death Following Hernia Surgery by In this case arising from the death of a state prisoner following surgery to repair a hernia, the Court of Claims of Ohio held that the plaintiff failed to meet the burden of proof required to prove the estate's claims …
Failure to Accommodate Blind Prisoner Violates ADA by A Florida federal district court has held that a private medical contractor, EMSA Correctional Care, Inc. (EMSA), and Sheriff Ken Jenne violated a blind prisoner's rights under the Eight Amendment and the American with Disabilities Act (ADA) when they failed to provide …
Delay in Treating Broken Foot States Cause and Shows Deliberate Indifference by The Eleventh Circuit Court of Appeals held that the delay of a few hours in treating a prisoner's broken foot states a constitutional claim. This action was filed by a prisoner of the Hamilton County Jail. The prisoner …
Article • May 15, 2007
Filed under: Medical, Blood, Hepatitis, Complaints
Ninth Circuit: Prisoner May Amend Complaint To Allege Deliberate Indifference by The U.S. Ninth Circuit Court of Appeals held that an Arizona state prisoner, who alleged he contracted hepatitis from a blood plasma drawing procedure and that upon diagnosis he was not adequately treated by prison medical staff, should be …
Plaintiff States Claim Against Private Medical Providers In § 1983 Action by Plaintiff States Claim Against Private Medical Providers In § 1983 Action The United States District Court for the District of Maine held that although a prisoner did not utter "the magic words 'policy and custom' in his" § …
Article • May 15, 2007
Marshalls Liable for Delay in Treating Detainee's Broken Arm by The Fourth Circuit Court of Appeals held that delay in treatment for a broken arm is actionable. This action was filed by a federal prisoner awaiting trial on federal bank robbery charges and held in the Alexandria, Virginia local jail …
7th Circuit Upholds Dismissal Of Raped Prisoner's Eighth Amendment Claims by In this civil rights lawsuit brought by an Illinois prisoner who alleged prison officials violated his Eighth Amendment rights by failing to protect him from being raped and then by denying him prompt medical attention., the U.S. Seventh Circuit …
Colorado Prisoners Awarded $45,466 In Attorney Fees And Costs by The U.S. District Court for the District of Colorado held that prisoners who had settled their civil rights lawsuit over conditions of confinement were entitled to attorney fees. Plaintiffs, prisoners confined in the Rifle Correctional Center, brought civil rights action …
Article • May 15, 2007
Summary Judgment to Jail Officials Reversed by The U.S. Tenth Circuit Court of Appeals reversed and remanded a Kansas federal district court's grant of summary judgment to county jail officials on a complaint by a pretrial detainee alleging deliberate indifference to a serious medical need by jailers. John Sandifer, a …
Article • May 15, 2007
Mentally Ill PA Prisoner Forced to Accept Medical Treatment to Prevent Death by The Commonwealth Court of Pennsylvania held a prisoner may be force fed to prevent him from starving to death. The prisoner, who was being held at the Fairview State Hospital for treatment of borderline personality Disorder, stated …
Prisoners Have Right to Informed Consent and to Refuse Medical Treatment by The Third Circuit Court of Appeals held prisoners have a right to be informed of their medical treatment and may refuse that treatment; that the instituting of disciplinary action as retaliation for refusing treatment is unconstitutional, and the …
California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement by California Prisoner's Death From Untreated Tonsilitis Results In $725,000 Settlement On March 30, 1999, California Forensic Medical Group (CFMG) and two doctors agreed to pay a total of $725,000 to settle claims against them arising from a prisoner's death …
Article • May 15, 2007
Dismissal with Prejudice Vacated; Plaintiff Ordered to Replead by The Second U.S. Circuit Court of Appeals vacated dismissal with prejudice of a New York State prisoner's medical claims and instructed the district court to dismiss without prejudice to the filing of a second amended complaint. Fernando Pratts, a New York …
Article • May 15, 2007
Former Prisoner's Cancer Death "Deeply Regrettable" But Not Constitutional Claim by Former Prisoner's Cancer Death "Deeply Regrettable" But Not Constitutional Claim The U.S. Circuit Court of Appeals, Sixth Circuit, affirmed the grant of summary judgment to Kentucky jail and prison defendants in a case alleging that defendants' deliberate indifference left …
New York: Malpractice Suit Over Guard's Death Settles For $2,500,000 by On March 21, 2002, an unidentified plaintiff settled this medical malpractice claim against two physicians for $2,500,000. At issue was the medical treatment of a Riker's Island guard who suffered a heart attack in front of the jail's infirmary. …
Prisoner Regarded as Having Impairment Entitled to ADA and RA Protection by A Massachusetts federal district court held that the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA) applies to prisoners suffering from a heart condition and diabetes. The prisoner's suit alleged he was denied participation in educational …
Illinois Prisoner States Claim Against Prison Doctors by The United States District Court for the Northern District of Illinois held that an Illinois prisoner stated a claim under the Eighth and Fourteenth Amendments against prison doctors, and that the doctors were immune in their official capacities. Jackey Bond, an Illinois …
Article • May 15, 2007
Sixth Circuit Affirms Dismissal of Bivens Action Against Federal Agents by The U.S. Sixth Circuit Court of Appeals affirmed a Tennessee federal district court's dismissal of a Bivens claim against federal agents who allegedly destroyed a federal prisoner's property and denied him medical care. Thomas Harold Stiger, a federal prisoner, …
Article • May 15, 2007
$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by $3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC The Eighth Circuit Court of Appeals held that an administrator is entitled to qualified immunity in a claim of deliberate indifference …
Tenth Circuit Upholds Dismissal Of Utah Prisoner's Conditions Claim by On June 3, 2004, the U.S. Tenth Circuit Court of Appeals held that unsafe conditions in a prison shower area that resulted in a Utah prisoner's slip and fall did not rise to the level of a constitutional violation. State …
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