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Article • May 15, 2007
MN Prison Medical Consent Decree Still Active by In 1977 the U.S. District Court for the District of Minnesota issued a consent decree setting guidelines for the medical care provided to Minnesota state prisoners. In 2002, in response to the prisoners' pro se contempt motions, the State Department of Corrections …
Article • May 15, 2007
Missouri Mental Health Records Must Be Disclosed by The Missouri Protection and Advocacy Services (MOPAS) requested medical peer review reports from Missouri Department of Mental Health Director Dorn Schuffman following a patient's death. Missouri law rendered the report confidential, but the federal Protection and Advocacy for Mentally Ill Individuals Act …
Article • May 15, 2007
Filed under: Medical, Dental Care
$100,000 Awarded in Dental Negligence by Needing a lower wisdom tooth removed, Michigan prisoner Rodney Hicks reported to his prison's dentist, Zolton Campbell. Prior to making the extraction, Campbell relied on a 9-year-old x-ray for the extraction. Another film revealed Campbell removed the tooth in parts, leaving 25% of the …
Tenth Circuit Affirms Total Exhaustion Rule by New Mexico State prisoner Michael Rene Ross claimed Eighth Amendment violation for dangerous conditions of confinement and deliberate indifference to medical needs. His § 1983 suit was dismissed based on the total exhaustion rule. While housed at the McKinley County Detention Center (MCDC) …
Article • May 15, 2007
Court Upholds Kicking Handcuffed Prisoner on Ground by The plaintiff alleged that as he was being escorted in restraints, he tripped over an officer's foot, an officer hit him in the head with her keys, and the officers kicked and beat him while he was on the ground. He was …
Article • May 15, 2007
$678,478 Awarded In Federal Prisoner's Death From Misdiagnosed Lung Cancer by In April 1997, the U.S District Court for the Northern District of Illinois awarded $678,678 to the estate of a federal prisoner who died from advanced lung cancer that had been misdiagnosed and improperly treated by prison medical personnel. …
Article • May 15, 2007
Death Row Prisoner Awarded One Dollar For Lung Damage by California State death row prisoner Dennis Ervine claimed Eighth Amendment violation where alleged bacteria from a dental procedure caused respiratory damage. After dismissal of key testimony from former prison personnel, on March 27, 2006, the jury found no conscious attempt …
Article • May 15, 2007
Mississippi Cancer Death Suit Dismissed by The decedent died of cancer in prison. There was a two-month delay between the recurrence of his cancer symptoms and the institution of treatment; his symptoms reappeared while he was in a county jail, where he received a recommendation for the immediate commencement of …
Article • May 15, 2007
California Prisoner Shot In Leg and Denied Crutches Awarded $75,002 by On July 17, 1997, a jury in the U.S. District Court for the Northern District of California awarded $75,002 to a prisoner who was shot by a prison guard and deprived of medical equipment prescribed to help him walk. …
Article • May 15, 2007
New York Prisoner Awarded $60,000 For Fall, Back Injury by In December 1997, a court of claims in Albany, New York, awarded $60,000 to a state prisoner who injured his back when be slipped on icy stairs and fell as he was exiting the prison chow hall. As a result …
Article • May 15, 2007
New York Jail Prisoner Awarded $190,000 For Guard-Inflicted Facial Injuries by In December 1997, a New York state court awarded $190,000 to a prisoner who sustained severe facial injuries when a guard at the Nassau County Jail pushed him into his cell. The plaintiff prisoner, 66 at the time of …
Article • May 15, 2007
Claims May Be Found Within Content Of Complaint by A Virginia State Prisoner, Jerome Howard appealed the district court's dismissal of his claim of deliberate indifference to a medical need for failure to state a claim. Howard was housed on the second tier even with his clubbed foot. Howard fell …
Article • May 15, 2007
$167,500 Awarded For Failure To Treat Fatal Colon Cancer in California Prisoner by In 1994, a California State prisoner had noticed some weight loss and lower abdominal pain then later that year intermittent rectal bleeding. An internist initially prescribed antibiotics and later a barium enema was performed by a radiologist. …
Article • May 15, 2007
Private Medical Company Not Municipality Subject to Punitive Damages by The plaintiff, who had had repeated shoulder surgery, reinjured his shoulder in jail. He got an x-ray but no treatment except pain killers and referrals to mental health. After release, he had to have two additional surgeries on his shoulder. …
Article • May 15, 2007
Jail Doctor Given Qualified Immunity For Involuntarily Catheterizing Prisoner by The plaintiff was involuntarily catheterized to remove urine (unsuccessfully, since he was struggling) because the doctor was concerned that he might have a neurological injury. The plaintiff's Fourth Amendment claim is rejected. At 1116: "Invasions of the body for medical …
Injured Jail Prisoner Denied Crutches, Lower Cell States Claim by The plaintiff, who had had a serious leg injury, was forced to stand, walk, and/or hop for several hours after he was arrested and the police refused to retrieve his crutches. Upon entering jail, he had to do the same …
WI Mental Health Records Ordered Disclosed by The plaintiff, a Protection and Advocacy for Individuals with Mental Illness (PAIMI) organization, sought records from a private mental health facility about two patients who choked to death on food. The facility didn't want to produce them. Notwithstanding defendants' claim that the question …
Article • May 15, 2007
Alabama Prisoners Injured By Unhealthy Living Conditions Settle For $53,000 by Eight prisoners injured by unhealthy living conditions at the Loxley Community Work Center settled their claim for $53,000. The prisoners had alleged multiple injuries, including one who suffered dehydration and a rash. In their lawsuit, filed in Mobile County, …
Article • May 15, 2007
Georgia $892,138 Settlement For Stroke/Brain Damage Caused By Cops by In March 1996, the County of Decatur, Georgia, agreed to pay $892,138 to a man who claimed he was assaulted by deputies while imprisoned in the county jail and suffered a stroke and brain damage as a direct result. Following …
Article • May 15, 2007
New York Court Awards $33,000 For Saw-Related Hand Injury by In August 1997, a New York court of claims awarded $33,000 to the estate of a prisoner who lacerated three fingers on his left hand while using a table saw as part of his work assignment at the state prison. …
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