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Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim by by Matthew T. Clarke The Texas Supreme Court (TSC) has held that using pain medication to fatally mask meningitis symptoms was not a "use" of tangible state property within the meaning of the Texas Tort Claims …
Washington Jail Sued Over Conditions by Lonnie Burton On February 25, 2002, a county jail prisoner in Port Hadlock, Washington brought a class action lawsuit against the Jefferson County jail alleging near barbaric jail conditions that include inadequate health care, frigidly cold cells, broken plumbing, flooding, and inadequate clothing and …
Court Orders Hospitalization for Federal Pretrial Detainee by A federal court in Maryland held that a federal pretrial detainee was entitled to be transferred to a hospital or infirmary for the duration of his pretrial detention due to inadequate medical care while in custody of U.S. Marshals. Trevor Wallen, a …
Washington Prison Health Care Substandard by Angela Galloway When Leland Workman's heart faltered while he was imprisoned at McNeil Island Correction Center, the nurses couldn't find the IV equipment needed to ease his chest and arm pain. They couldn't find standing orders for managing emergencies when there's no doctor on …
Article • December 15, 2002 • from PLN December, 2002
Fatal Overdoses: Drugs and Death in Prison by On April 27, 1997, at Ohio's Trumbull Correctional Institution, Daniel Ray Williams died by lethal injection. Williams, then 37, was not on death row; the lethal injection was a self-administered dose of heroin. Robert Baksi, a Trumbull prisoner who reportedly had a …
Medical Care Still Deficient in Texas Prisons by Gary Hunter Deficient medical care at the unit level has Texas prisons incubating a new, more virulent strain of HIV. Dr. William Obrien is one of the most noted doctors on staff with the University of Texas Medical Branch. (UTMB) Over a …
Article • October 15, 2002 • from PLN October, 2002
CMS Overdoses Five Boston Jail Prisoners by Five prisoners at Boston's Suffolk County jail in Massachusetts were rushed to a nearby hospital after receiving the wrong medication. Jail guards found the five prisoners unconscious on the morning of September 23, 2001, after other prisoners alerted the guards by raising a …
Deputy Causing Loss of Fingertip States Federal and State Claims by by Matthew T. Clarke A federal district court in North Carolina has ruled that a prisoner who lost his fingertip when a deputy slammed a cell door window cover on his finger has stated a proper claim under state …
Article • June 15, 2002 • from PLN June, 2002
Two Federal Courts Grant Injunction for HCV Treatment by A federal court in Oklahoma issued an unpublished opinion granting a preliminary injunction ordering prison officials to provide prescribed medications for a prisoner's liver disease. Another federal court in Ohio issued an unpublished opinion granting a preliminary injunction ordering prison officials …
"Barbaric Conditions" At Wisconsin Supermax Result in Preliminary Injunction To Transfer Mentally Ill Prisoners by John E Dannenberg "Barbaric Conditions" At Wisconsin Supermax Result in Preliminary Injunction To Transfer Mentally Ill Prisoners by John Dannenberg Noting that the Eighth Amendment's cruel and unusual punishment clause protects the mental health of …
Wisconsin Medical Care Substandard, Even for Prisoners by Gary Hunter Michelle Greer had asthma, the operative word being had past tense. Her asthma no longer exists because Michelle Greer is dead. On February 29, 2000, at the Taycheedah Correctional Institution, she died of an asthma attack, suffocated by the apathy …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Medication, Dental Care
$250 for Providing Wrong Medication by $250 for providing wrong medication On August 8, 1997, Michael Clarke reported to the WSP pill line to obtain medication for his broken tooth. Nurse Dufner gave Mr. Clarke two small pills and some white cream to apply directly on the injured tooth. Immediately …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Medication
$200 for Providing Wrong Medication by $200 for providing wrong medication On October 19, 1999, James Rollins reported to the WCC pill line to obtain his daily medication. Approximately 20 minutes after receiving a pill from Nurse Norris, Mr. Rollins fell unconscious to the floor. WCC medical staff later determined …
Colorado Restraint Board Death Case Settled by Bill Trine by Bill Trine, esq. A§ 1983 civil rights lawsuit and medical/healthcare negligence lawsuit was brought by the mother of 54 year old Michael Lewis, who died on May 7, 1998, after being placed on a "restrainer board" while incarcerated as a …
$1.5 Million Awarded in CDC Medical Neglect Suit by $1.5 Million Awarded In CDC Medical Neglect Suit In November 2000, a jury awarded the Estate of Mark Holton and Amanda Holton a total of $1.5 million in costs and damages, as well as $279,000 in attorneys' fees, in a civil …
Hawaii Prison Doctors Denied Qualified Immunity by AU.S. district court found that Hawaii state prison physicians were deliberately indifferent to a prisoner's medical needs and were not entitled to qualified immunity. Raymond Kenney filed suit in state court alleging denial of medication to control his seizures while he was a …
PAMII Act Requires Release of Mental Health Records by A federal district court in Louisiana has held that federal law requires prison officials to release a prisoner's mental health records for investigation of claims of mistreatment. Prisoner William Ford sent a letter to the Advocacy Center complaining that he has …
Article • September 15, 2001 • from PLN September, 2001
Oklahoma Governor Takes Entrepreneur's Bribe by Oklahoma officials are investigating the propriety of $240,000 in cash gifts given to that State's governor, Frank Keating. Jack Dreyfus, an entrepreneur who hopes to convince Oklahoma prison officials to use Dilantin (a seizure medication) to control violent prisoners, made the gifts. After receiving …
Article • September 15, 2001 • from PLN September, 2001
Former BOP Prisoner Settles Medical Suit for $355,000 by Lonnie Burton The federal government wrote Terry Dean Scearce a check for $355,000 in November, 2000, to settle his claim that he suffered a stroke in 1998 because prison officials did not give him the medicine prescribed to treat his high …
Class Action Medical Neglect Suit Filed Against CDC by Alleging that the California Department of Corrections (CDC) violates the Eighth Amendment protection against cruel and unusual punishment by providing seriously inadequate medical care to state prisoners, the Prison Law Office and the law firms Pillsbury Winthrop and McCutchen Doyle Brown …
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