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Article • May 15, 2007
No Liability for Heart Attack Death of MI Jail Detainee by The decedent arrestee complained of chest pains, but jail staff allegedly delayed five hours getting him to a hospital, where he died 12 hours later. The plaintiff's death did not establish a serious medical need. In cases of delay, …
FTCA Doesn't Apply to BOP Surgeon Contractor by The plaintiff federal prisoner sued his surgeon for malpractice; the court substituted the United States as defendant per the Federal Tort Claims Act; the U.S. said that the surgeon is an independent contractor, not a federal employee, so the substitution was wrong …
Article • May 15, 2007
Sheriff Not Liable for Slip and Fall in Showers by The plaintiff didn't exhaust because, he says, he was unaware of the requirement. His claim is dismissed with prejudice, since he is no longer in the jail and remedies are unavailable. The plaintiff failed to allege that the Sheriff was …
Article • May 15, 2007
Filed under: Medical, Skin, Failure to Treat
Jail Failure to Treat Psoriasis Upheld by In this seemingly incompetently litigated case, the plaintiff filed a response to a summary judgment stating that the facts are "voluminous" and incorporating the complaint and brief's statement of facts by reference, instead of complying with the rule requiring a "separate and concise" …
Article • May 15, 2007
Filed under: Medical, Cancer, Malpractice
No Reconsideration of Jail Cancer Misdiagnosis by The plaintiff alleged that medical staff at the Erie County Medical Center removed one kidney and part of his bladder assuming that he had transitional cell carcinoma when his diagnostic tests were actually negative for cancer. The allegations at most state a claim …
No Immunity for Jail Guards Who Beat Diabetic Prisoner by The plaintiff was stopped for a bicycle infraction and then arrested for an unpaid parking ticket. He told the arresting officer and the jail nurse that he was diabetic, felt ill, and needed to eat as soon as possible. Instead …
Article • May 15, 2007
Doctor Employed by Private Medical Company's Firing Upheld by The plaintiff physician complained that she was fired by a private corporation providing medical care to prisoners because she gave a prisoner a 7-Up to drink. Prison officials denied her further access to the prison and the corporation cited that fact …
Court Rules on Consolidated Suits against CMS in New Jersey by The court disposes of summary judgment motions in 15 consolidated cases concerning medical care provided by Correctional Medical Services at East Jersey State Prison. The court grants summary judgment against nine of them (mostly because the prisoners got a …
Article • May 15, 2007
Medical Defendant Must be Served Personally by A jury returned a plaintiff's verdict in a deliberate indifference and medical malpractice case in which the victim of malpractice died of sickle cell anemia. However, one of the doctors was never personally served. Under state and federal law, service may be made …
Article • May 15, 2007
MI Jail Not Liable for Heroin Addict's Suicide by The decedent, a heroin addict, was arrested and killed himself four days later. At 792: "Heroin withdrawal is a serious medical condition." The failure to notify authorities at the jail where the decedent hanged himself of the plaintiff's condition did not …
Article • May 15, 2007
University of Texas Medical Branch Not Subject to Federal Suit for Not Diagnosing Cancer by The plaintiff federal prisoner complained of undiagnosed cancer and sued among others the University of Texas Medical Branch (UTMB). UTMB is a state agency and protected by sovereign immunity. Texas has not waived its sovereign …
El Paso County Jail Conditions Unconstitutional by The Fifth Circuit Court of Appeals reviewed a district court's order that found conditions at Texas' El Paso County Jail were unconstitutional and ordered injunctive relief to correct the violations. The district court ordered that exercise and recreational areas be installed; prisoner diets …
Scott v. DC, Settlement, Magbie jail death quadriplegic, 2007 .-. GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Corporation Counsel Generaluugarion Division ORDERED: lbat, pursuant to authority of Mayor's Order No. 88-238 the claim and lawsuit of Mary Scott, Social Security Number I iudi .dually and as personal representative …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
Ninth Circuit: Failure to Timely Set Fractured Thumb is Actionable by John Dannenberg by John E. Dannenberg A California prisoner who severely fractured his right thumb when falling from an upper bunk stated sufficient facts to assert an Eighth Amendment claim for deliberate indifference to his serious medical needs, as …
Article • April 15, 2007 • from PLN April, 2007
California-Based Mental Health Systems, Inc.Fails 23 Audits by John Dannenberg by John E. Dannenberg San Diego, California-based nonprofit addict-counseling firm Mental Health Systems, Inc. (MHS) may have been making a profit on its annual revenues of $65 million, after all. In May 2006, the San Diego County Health and Human …
Mentally Ill Connecticut Prisoner Assaulted by Guard Awarded $250,000, Plus $121,384.80 in Fees by On March 3, 2006, a federal jury in Connecticut awarded $250,000 to a mentally ill state prisoner who was beaten by a high-ranking prison guard at the Northern Correctional Institution. According to his amended complaint, Duane …
Article • April 15, 2007 • from PLN April, 2007
California DOC Stipulates to Providing Comprehensive Dental Care Program by John Dannenberg by John E. Dannenberg In settlement of a federal class action lawsuit on December 15, 2005, the California Department of Corrections and Rehabilitation (CDCR) agreed to provide dental care for all prisoners as set forth in a new …
Plunk v. CCA, TN, Complaint, failure to treat lymphona medical neglect, 2007 CCA-AF (6/2/14 PRA) 0058 CCA-AF (6/2/14 PRA) 0059 CCA-AF (6/2/14 PRA) 0060 CCA-AF (6/2/14 PRA) 0061 CCA-AF (6/2/14 PRA) 0062 CCA-AF (6/2/14 PRA) 0063 CCA-AF (6/2/14 PRA) 0064 CCA-AF (6/2/14 PRA) 0065 CCA-AF (6/2/14 PRA) 0066
Cotts v. Osafa, IL, Complaint, Medical Neglect, 2007 1:05-cv-01150-MMM-JAG # 44 Page 1 of 10 E-FILED Friday, 30 March, 2007 04:02:35 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT OF THE CENTRAL DISTRICT OF ILLINOIS PEORIA, ILLINOIS ) ) ) ) PETER ANDREW COTTS, Plaintiff, ) …
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