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Texas Jails Troubled by Deaths, Negligence and Failed Inspections by Gary Hunter For decades Texas jails have been cesspool's of misery, medical neglect, brutality and over crowding. Class action litigation in the 1970's alleviated some of the worst aspects of the Texas jail system and led to modest improvements. By …
Article • January 15, 2006 • from PLN January, 2006
Texas State Auditor Questions Necessity of Prison Health Care Oversight Board by by Matthew T. Clarke The Texas State Auditor's Office has released a report which scathingly criticized the Correctional Managed Health Care Committee (Committee) for failing to perform its contractual duties and having several conflicts of interest with the …
New York Jail Doctor Put on Probation After Wrong Prescription Kills Detainee by by John E. Dannenberg The former medical director for Rensselear (New York) County Jail was put on probation for three years by state health authorities for improper treatment of alcohol withdrawal syndrome that caused the death of …
Judge Reduces Damage Award Against PHS In New York Jail Heart Attack Suit by by John E. Dannenberg In July 2005, a New York federal jury awarded $150,000 in compensatory damages and $632,988 in punitive damages to a jail prisoner who suffered permanent disabilities when treatment for his heart attack …
Article • January 15, 2006 • from PLN January, 2006
California's Preferential Bulk Price For Hepatitis-C Drugs Kept Secret by The good news is that California's Department of General Services (DGS) negotiated a bulk discount price for the large quantities of pegylated interferon it buys for the treatment of Hepatitis-C infected prisoners, and will save the state $1 million on …
Article • January 15, 2006 • from PLN January, 2006
New York: Wrongfully Imprisoned Man Settles For $5,000,000 by by Michael Rigby A man who was wrongfully convicted of raping a 5-year-old girl has settled with the state of New York for $5 million, the largest such settlement in state history. But no amount of money can atone for the …
Article • January 15, 2006 • from PLN January, 2006
11th Circuit Finds S.Ct. Overruled Heightened Pleading Standard by The Eleventh Circuit Court of Appeals held that the heightened pleading standard is not applicable in a § 1983 action against a non-governmental entity that cannot raise qualified immunity as a defense" pursuant to Leatherman v. Tarrant County Narcotics Intelligence & …
Brief • January 3, 2006
Lake v. Schoharie County, NY, Medical Lake Case, Order, 2006
Hambrick v. CCA, TN, Complaint, slip fall water, 2006 CCA-AF (6/2/14 PRA) 0011 CCA-AF (6/2/14 PRA) 0012 CCA-AF (6/2/14 PRA) 0013
Brief • December 23, 2005
Heston v. City of Salinas, CA, Plf Opp to Def MTD, police taser death cardiac arrest, 2006 JOHN BURTON, State Bar No. 86029 THE LAW OFFICES OF JOHN BURTON 2 414 South Marengo Avenue Pasadena, California 91101 3 Tel: (626) 449-8300/ Fax: (626) 449-4417 1 PETER M. WILLIAMSON, State Bar …
Privatized Medical Services in Delaware Kill and Maim by David Reutter by David M. Reutter Anthony Pierce was serving a 14 month sentence for parole violation of a burglary charge at Delaware's Sussex Correctional Institution when he discovered a marble-sized lump growing on the back of his head. A prison …
Article • December 15, 2005 • from PLN December, 2005
Los Angeles County Settles Two Jail Medical Malpractice Wrongful Death Suits For $325,000 by Los Angeles County settled two prisoner wrongful death suits for $325,000 that alleged negligent medical care during incarceration at the L.A. County jail. On May 8, 2002, 39 year-old county jail prisoner Crystal Baize was transferred …
Colorado DOC's Medical Oversight Found Remiss by G.A. Bowers An independent auditor found the Colorado Department of Corrections (CDOC) to be lax in its oversight of medical care contractors. In April 2005, Navigant Consulting, Inc., reported the results of its audit, commissioned by the Colorado State Auditor, of the CDOC …
Article • December 15, 2005 • from PLN December, 2005
$200,000 Failure-To-Medicate Award Granted to California by Jail Detainee Who Lost Testicle by John E. Dannenberg On July 18, 2005, a Solano County, California jail pre-trial detainee, whose infected testicle was not promptly treated, won a $200,000 damage award in Solano County Superior Court after suffering necrosis and subsequent amputation …
Louisiana's 2002 Exhaustion Requirement (Act 89) Not Retroactive by The Louisiana Supreme Court held that retroactive application of a 2002 law, requiring exhaustion of administrative remedies by prisoners before bringing a state tort action, would unconstitutionally deprive prisoners of a vested right. Therefore, the court held that the law has …
Article • December 15, 2005 • from PLN December, 2005
Michigan Jail Settles Unreasonable Use of Force Case for $130,000 by Amanda Hickman On March 1, 2005, the Wayne County jail in Detroit, Michigan settled an excessive use of force case for $130,00. Plaintiff, Victor Walker, alleged that on October 12, 2000, while being held in the Wayne County Jail …
California Tort Claim Dismissed For Failure to Fully by California Tort Claim Dismissed For Failure to Fully Exhaust Administrative Remedies by John E. Dannenberg The California Court of Appeal held that a prisoner's tort claim must be dismissed without prejudice for failure to fully exhaust administrative remedies even though the …
Article • December 15, 2005 • from PLN December, 2005
PLRA Exhaustion Requirement Has by PLRA Exhaustion Requirement Has Procedural Default Component The Third Circuit Court of Appeals held that the administrative exhaustion requirement of the Prison Litigation Reform Act (PLRA) includes a procedural default component. The court also held that the determination whether a prisoner has properly' exhausted a …
Brief • December 7, 2005
Heston v. City of Salinas, CA, Def Notice of MTD, police taser death cardiac arrest, 2006 Case 5:05-cv-03658-RS Document 8 Filed 12/07/2005 Page 1 of 18 Case 5:05-cv-03658-RS Document 8 Filed 12/07/2005 Page 2 of 18 Case 5:05-cv-03658-RS Document 8 Filed 12/07/2005 Page 3 of 18 Case 5:05-cv-03658-RS Document 8 …
Article • November 15, 2005 • from PLN November, 2005
Filed under: Medical, Abortion
Jail Policy Barring Abortion Without Court Order Upheld by The Fifth Circuit Court of Appeals upheld a Louisiana jail's policy prohibiting elective medical procedures, including abortions, without a court order. It also concluded that plaintiff failed to sufficiently show the requisite culpability and causation. When Victoria W. began serving a …
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