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Article • May 15, 2007
Third Circuit Upholds Forced Feeding of Pennsylvania Prisoner by On September 28, 2004, the U.S. Third Court of Appeals held that although the admission of a federal litigant's prior robbery conviction during trial was erroneous pursuant to Federal Rules of Evidence, the admission did not affect the trial's outcome. The …
$450,000 Award Against CMS, County In Death of Illinois Jail Prisoner by On May 16, 2002, a jury found Correctional Medical Services (CMS) of Illinois and Kane County liable for the death of Ethel Hare--a prisoner with chronic liver disease, hepatitis, and HIV--and awarded her estate $450,000. While imprisoned in …
Dismissal for Want of Jurisdiction is Judgment With Prejudice in Texas by Matthew Clarke by Matthew T. Clarke On May 28, 2004, the Supreme Court of Texas held that a dismissal of a suit against a governmental entity for want of jurisdiction under the Texas Tort Claims Act is a …
CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators by CO Warden Improperly Denied Summary Judgment Because She Had No Control Over Civil Rights Violators Floyd Serna was a prisoner at the Colorado Territorial Correctional Facility when Warden Juanita Novak initiated a prison wide …
Article • May 15, 2007
New York Prisoner Assaulted By Guards Awarded $300 by On December 31, 2003, a court of claims in Albany, New York, awarded $300 to a state prisoner who claimed his knee was injured when a guard at the Franklin Correctional Center (FCC) assaulted him during a pat-search. While imprisoned in …
Article • May 15, 2007
New York Prisoner Injured In Fall From Bunk Awarded $75 by On October 14, 2004, a court of claims in Syracuse, New York, awarded $75 to a state prisoner who was injured when he fell from his improperly assigned upper bunk. Prisoners at the Cape Vincent Correctional Facility are typically …
Prisoner Has No Right to Medication Accommodation by Bob Williams On de novo review, the Maine Supreme Court held that Jon Scott, a prisoner in Androscoggin County Jail, failed to establish actionable state court claims under the Maine Human Rights Act and Title II of the Americans with Disabilities Act …
Article • May 15, 2007
IL Guards' Single Instance of Indifference to Prisoner's Medical Needs Not Unconstitutional by IL Guards' Single Instance of Indifference to Prisoner's Medical Needs Not Unconstitutional In June of 1999 Norman Calhoun reported to begin serving a 120 day sentence in the jail for Kane County, Illinois. He had called the …
Article • May 15, 2007
Filed under: Medical, Medical Expenses
NY Mental Patient Liable For Cost of Treatment Even Though She Is Without the Ability to Pay by NY Mental Patient Liable For Cost of Treatment Even Though She Is Without the Ability to Pay Patricia II was a patient at a state-run psychiatric center in 1997, for which a …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
$95,000 Award in Excessive Force on Quadriplegic by During a struggle while being arrested on December 12, 1996, Boyd Knight, a quadriplegic, was pulled from his wheelchair by Texas police officer Glen Osborn, who hit, kicked, and dragged Knight around his house, while officer David Houser watched. When taken to …
Article • May 15, 2007
Indiana Law Prevents Prisoners From Direct Access to Personal Medical Records by An Indiana Appellate Court has held that Indiana Department of Correction (IDOC) policy that restricts a prisoner's personal access to personal medical records does not violate state law or due process. This class action suit brought by prisoner …
Article • May 15, 2007
Qualified Immunity Denied to Prison Pharmacist That Refused to Fill Prisoner's Prescriptions by Qualified Immunity Denied to Prison Pharmacist That Refused to Fill Prisoner's Prescriptions The Eighth Circuit Court of Appeals has held that a pharmacist's refusal to fulfill a prescription issued by a doctor to treat a prisoner disentitles …
Article • May 15, 2007
Michigan Law Bars Tort Claims If Intoxication Causes 50% Or More Responsibility On Injured Party. by Michigan Law Bars Tort Claims If Intoxication Causes 50% Or More Responsibility On Injured Party. Michigan's Court of Appeals has held that a claim alleging medical malpractice, intentional misconduct, and ordinary negligence arising from …
Article • May 15, 2007
Amended Complaint Timely Under Prison Mailbox Rule by In an unpublished opinion, the Eighth Circuit Court of Appeals reversed a lower court's dismissal of a prisoner's § 1983 action for failure to prosecute. Under the prison mailbox rule, the amended complaint was timely. In December 2003, Arkansas prisoner Patricia Sorenson …
Article • May 15, 2007
Missouri Prisoner's Allegation that Prison Doctor Ignored His Constant Complaints of Pain May State 8th Amendment Claim by Missouri Prisoner's Allegation that Prison Doctor Ignored His Constant Complaints of Pain May State 8th Amendment Claim In February of 2002, Robert Taylor, a Missouri state prisoner, injured his knee. A Correctional …
Article • May 15, 2007
New Jersey Prison Doctors Pay Over $5k for Concealing Documents by Joseph Tarlton, a former New Jersey state prisoner, sued prisons and their medical staff for being deliberately indifferent to his medical needs while he was in prison. Two of the defendants, both prison doctors, lied about the existence of …
Federal Prisoner's Retaliation and Pain Suit Reinstated by John Dasta, a federal prisoner in Minnesota, sued prison administrators and a guard in federal district court, claiming they were deliberately indifferent to his painful back condition, and that they retaliated against him for filing grievances, in violation of the 8th Amendment …
Article • May 15, 2007
Dead Illinois Prisoner's Representative Filed Suit Too Late by Michael Shannon, an Illinois state prisoner, learned that he had stomach cancer on December 22, 1997. He knew then that an earlier diagnosis of cirrhosis of the liver was incorrect, and that he was suffering injury as a result. He later …
Article • May 15, 2007
Filed under: Medical, Kidney
CA Prisoner's Allegation of Several Months Delay in Treating His Kidney Stones States 8th Amendment by CA Prisoner's Allegation of Several Months Delay in Treating His Kidney Stones States 8th Amendment Claim Juan Portillo, a California state prisoner, was for several months denied pain medication and treatment for kidney stones …
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