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Concubine and Children Cannot Sue for Wrongful Death of Federal Prisoner by The Eleventh Circuit Court of Appeals has held that a concubine and her children could not sue for damages resulting from the cancer death of federal prisoner Jose Miguel Ruiz. This action was brought under the Federal Tort …
$40,000 To Settle Excessive Force Claim At Los Angeles County Jail by In September, 2004, the Los Angeles County Claims Board (Board) agreed to pay $40,000 to settle an excessive force claim brought by a prisoner injured at the L.A. County Main Jail. On March 17, 2002, prisoner Joseph Amezola …
Article • April 15, 2005 • from PLN April, 2005
Georgia Prison Official Immune, Prison Nurse Not, in Prisoner's Suicide by by Robert H. Woodman The Court of Appeals of Georgia, Second Division, affirmed in part and reversed in part the judgment of the Gwinnett Superior Court in a case brought against a prison official, a prison nurse, and other …
New Jersey DOC Liable for Prisoner Death Caused by CMS by Robert Woodman by Robert H. Woodman The Superior Court of New Jersey, Appellate Division, partly affirming a New Jersey prisoner's estate's suit, held that the New Jersey Department of Corrections (DOC) could be held liable for the negligence of …
Exhaustion of Administrative Remedy Requirement May be Excused by The Second Circuit Court of Appeals has held that the failure to exhaust administrative remedies may be excused in limited circumstances and should be excused in this case. This civil rights action arose from events that occurred while Ivan Rodriguez was …
NO FTCA or IIED Claims Stated in Oregon Testicular Radiation Case by The Ninth Circuit Court of Appeals held that a prisoner who voluntarily participated in testicular radiation experiments while in prison did not establish a Federal Tort Claims Act (FTCA) violation. The court also held that the prisoner did …
Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence by Harsh Pre-trial Conditions of Confinement Justify Reduced Federal Sentence by Matthew T. Clarke A New York federal court has held that harsh pre-trial conditions of confinement justify a downward departure in the Federal Sentencing Guidelines. Jubelequis Mateo, a New York …
Brief • February 24, 2005
Cordero v DOC, CA, Complaint, medical care denial ADA, 2005 Case 1:05-cv-00268-0WW-DLB 1 2 3 Document 1 Filed 02/24/2005 Page 1 of 29 JAMES S. MULLER, ESQ. SBN#126071 3435 WILSHIRE BOULEVARD SUITE 2900 LOS ANGELES, CA 90010 (213) 381-3299 4 5 6 7 MARGARET WILSON, ESQ. SBN#123766 3435 WILSHIRE BOULEVARD …
Brief • February 17, 2005
Leatherwood et al v. Campbell et al, AL, Mot to hold Def in Contempt, failure to treat accommodate HIV, 2005 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA WESTERN DIVISION ) ) ) ) ANTONIO LEATHERWOOD, ERIC HOWARD, JERRY SANFORD, JOHN LEVINS, MICHAEL PATRICK, and, individually …
Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams Qualified Immunity Denied In Failure To Protect And Delay of Emergency Treatment by Bob Williams The Sixth Circuit Court of Appeals has held that guards are not entitled to qualified immunity for failing to segregate …
Article • February 15, 2005 • from PLN February, 2005
CMS Liable for Prisoner's Failed Hip Prosthesis; $75,000 Awarded by Robert Woodman by Robert H. Woodman On January 9, 2004 the U.S. District Court for the Eastern District of Missouri found that Correctional Medical Services (CMS) and one of its employees, Gary Campbell, D.O., were liable for fourteen (14) months …
Article • February 15, 2005 • from PLN February, 2005
Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus by John E Dannenberg Los Angeles County Pays $800,000 To Settle County Jail Medical Suit for Untreated Lupus by John E. Dannenberg On June 3, 2002, the Los Angeles (L.A.) County, California Claims Board agreed to …
Article • February 15, 2005 • from PLN February, 2005
Oregon Prisoner's Allegation of Economic Damages States Sufficient Claim by Oregon Prisoner's Allegation Of Economic Damages States Sufficient Claim The Oregon Court of Appeals held that a state prisoner's allegation of economic damages stemming from the purported improper release of his medical records and substandard medical care stated a claim …
Article • February 15, 2005 • from PLN February, 2005
Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle by Massachusetts Jail Prisoner Awarded $20,000 For Crushed Knuckle A superior court in Suffolk County, Massachusetts, awarded $20,000 to a man who sustained a knuckle fracture when a cell door was allegedly opened without warning. Plaintiff Gary Taylor, 47, was arrested for …
Article • February 15, 2005 • from PLN February, 2005
Federal Court Orders Mississippi to Desegregate HIV+ Prisoners by Federal Court Orders Mississippi to Desegregate HIV+ Prisoners by Matthew T. Clarke On June 7, 2004, a federal district court in Greenville, Mississippi, ordered the Mississippi Department of Corrections (DOC) to cease excluding HIV+ prisoners from being housed in a Community …
Report Lambastes New York Lockdowns by Michael Rigby by: Michael Rigby Emotional and physical distress...restricted diets... "greeting beatings" ...high rates of mental illness...a reliance on warehousing instead of treatment. This is the troubling reality of disciplinary confinement in New York, according to a 54-page report released on October 22, 2003, …
Oregon HCV Class Action Settled; Limitations Period for Individual Damages Actions Tolled by Mark Wilson Oregon HCV Class Action Settled; Limitations Period for Individual Damages Actions Tolled by Mark Wilson On April 6, 2004, the Class Action suit against the Oregon Department of Corrections (ODOC) for failing to properly diagnose …
Article • February 15, 2005 • from PLN February, 2005
Filed under: Medical, Hepatitis
Expert Panel Significantly Revises Oregon's HCV Guidelines by A panel of hepatitis experts has significantly revised the hepatitis C virus (HCV) guidelines of the Oregon Department of Corrections. Pursuant to the terms of the settlement resolving Oregon's Class Action HCV suit of Anstett v. State of Oregon , a Medical …
Alabama Settles Class Action Medical Suit; Institutes HCV Treatment Protocol by John E Dannenberg Alabama Settles Class Action Medical Suit; Institutes HCV Treatment Protocol by John E. Dannenberg In a major milestone along the Southern Poverty Law Center's (SPLC) march towards gaining humane medical care in Alabama's prisons, a Settlement …
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