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Central California Women’s Prison Criticized for Inadequate Medical Care by Derek Gilna by Derek Gilna A 57-page report issued under the auspices of a federal district court in Plata v. Brown strongly criticizing the Central California Women’s Facility (CCWF) has highlighted the problems that the overcrowded California prison system has …
Rasho et al v. Walker et al, IL, Comments - Patterson, expert review of medical and segregation units, 2016 1:07-cv-01298-MMM # 695 Page 1 of 9 E-FILED Tuesday, 10 May, 2016 02:40:46 PM Clerk, U.S. District Court, ILCD 1:07-cv-01298-MMM # 695 Page 2 of 9 1:07-cv-01298-MMM # 695 Page 3 …
Oyenik v. Corizon Health, Inc., AZ, Reply Brief, Deliberate Indifference Medical Treatment, 2016 Case: 15-16850, 05/06/2016, ID: 9966889, DktEntry: 41, Page 1 of 20 No. 15-16850 UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT RONALD EDWARD OYENIK, Plaintiff-Appellant, v. CORIZON HEALTH INC., Defendant-Appellee. On Appeal from the United States …
Disputed PLRA Administrative Exhaustion Issues Properly Resolved in Bench Trial by The Sixth Circuit Court of Appeals held on June 18, 2015 that disputed issues of fact regarding exhaustion under the PLRA may be resolved in a bench trial. The appellate court also found the plaintiff had failed to exhaust …
Article • May 5, 2016 • from PLN May, 2016
Seventh Circuit Reverses Dismissal of Ex-prisoner’s § 1983 Action Regarding Computer Disk by Derek Gilna Craig A. Childress was an Illinois state prisoner at the Big Muddy River Correctional Center who was released from custody to mandatory supervised release in 2010. At the time of his release, a prison official …
$30,000 Settlement for New York Prisoner Assaulted by Guard by A New York state prisoner received almost $30,000 to settle a civil rights action alleging he was assaulted by a guard at the Fishkill Correctional Facility. Prisoner Mayer Sadian, an orthodox Jew, approached a guard on May 14, 2011 in …
Article • May 5, 2016 • from PLN May, 2016
Medically Unacceptable Biopsy States Eighth Amendment Claim by In an unpublished ruling, the Ninth Circuit Court of Appeals held the estate of California prisoner Robert Staggs stated a claim that prison doctors were deliberately indifferent to his serious medical needs. The matter was before the Ninth Circuit after the district …
Article • May 5, 2016 • from PLN May, 2016
Seventh Circuit: Former Parolee May Sue Over Delayed Release from Parole by On May 19, 2015, the Seventh Circuit Court of Appeals held that a former parolee may pursue an Eighth Amendment claim in a 42 U.S.C. § 1983 civil rights suit alleging a parole officer had intentionally delayed her …
Warden’s Decision to Quarantine Handicapped Person in Unaccommodated Cell Actionable; $200,000 Settlement by The Sixth Circuit Court of Appeals held that a warden who placed a double amputee prisoner with MRSA in a segregation unit without handicap accommodations was not entitled to qualified immunity. When Martinique Stoudemire, 23 at the …
Article • May 5, 2016 • from PLN May, 2016
Fourth Circuit Finds 20 Years in Solitary an Atypical and Significant Hardship by David Reutter On July 1, 2015, the Fourth Circuit Court of Appeals found the “20-year period of solitary confinement” endured by a South Carolina prisoner “amounts to an atypical and significant hardship in relation to the general …
McCully v. El Paso County, CO, Amended Complaint, Excessive Force, 2016 Case 1:16-cv-00867-WJM-MEH Document 23 Filed 05/02/16 USDC Colorado Page 1 of 50 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No.: 16-CV-00867-WJM-MEH PHILIPPA GRACE MCCULLY, Plaintiff, v. EL PASO COUNTY; TERRY MAKETA; PAULA PRESLEY; …
Jose-Nicolas v. Berry et al, IL, Second Amended Complaint, Excessive Force, 2016 Case 3:15-cv-00964-NJR-DGW Document 50 Filed 05/02/16 Page 1 of 22 Page ID #367 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS, EAST ST. LOUIS DIVISION OSBALDO J. NICOLAS, Plaintiff, v. NATHAN BERRY; WILLIAM QUALLS; …
Pope v. Wexford, IL, Complaint, Medical Neglect, 2016 Case: 1:15-cv-05197 Document #: 25 Filed: 04/22/16 Page 1 of 13 PageID #:321 UNITED STATES DISTRTICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION MILTON POPE, Plaintiff, WEXFORD HEALTH SOURCES, INC., SALEH OBAISI, M.D., and DIRECTOR JOHN BALDWIN, Defendants. ) ) ) ) …
Brief • April 21, 2016
State of Ohio v. Broom, OH, Slip Opinion, 8th Am death penalty failed execution, 2016 [Until this opinion appears in the Ohio Official Reports advance sheets, it may be cited as State v. Broom, Slip Opinion No. 2016-Ohio-1028.] NOTICE This slip opinion is subject to formal revision before it is …
Craft v. Robinson, OH, Settlement, Death Row Suicide, 2016 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION Lisa Craft, Administratrix of the Estate of Billy Slagle, et al., Plaintiffs, Case No. 1:14-CV-01682 Judge Donald C. Nugent v. Norman Robinson, et al., Defendants. Settlement Agreement and Release …
Brief • April 5, 2016
Tiller v. Canyon County, ID, Settlement, Medical Neglect HIV, 2016 RELEASE AND WAIVER OF ALL CLAIMS Recital This Release is entered into in connection with the settlement of a civil rights matter involving THE ESTATE OF ALFRED YOUNG (hereinafter "Estate") and CANYON COUNTY, KIEREN DONAHUE, ALEX CASEBOLT, JOSETTE N. MURRAY, …
Pepper-spraying Sleeping Prisoner Unconstitutional, but Case Loses at Trial by David Reutter The Sixth Circuit Court of Appeals held that “using a chemical agent in an attempt to wake a sleeping prisoner, without apparent necessity and in the absence of mitigating circumstances, violates clearly established law.” The ruling came in …
Second Circuit Allows Muslim Prisoners’ Bivens Claims to Proceed by Derek Gilna Although Muslim prisoners held at the harsh U.S. military prison in Guantanamo Bay, Cuba have received more publicity, conditions of confinement for prisoners of Middle-Eastern descent in domestic prisons have also been abusive. So abusive, in fact, that …
Article • April 1, 2016 • from PLN April, 2016
Transparent Jumpsuit for Prison Transport May Violate Eighth Amendment by The Seventh Circuit Court of Appeals held last year that a prisoner stated a claim when he alleged he was forced to wear a see-through jumpsuit that exposed his genitals and buttocks while being moved from a county jail to …
Article • March 31, 2016 • from PLN April, 2016
Filed under: Food, Eighth Amendment
Use of Nutraloaf on the Decline in U.S. Prisons by Christopher Zoukis After decades of using food as a means of discipline, prison officials across the country are increasingly turning away from punitive diets as a response to misbehavior by prisoners. One food that has been commonly used as punishment …
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