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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 …
Article • November 15, 2005 • from PLN November, 2005
Los Angeles County Pays $125,000 In Medical Negligence Juvenile Camp Death by Los Angeles County settled a surviving family's suit for $125,000 that alleged negligent medical care for their son who died while incarcerated in county juvenile facilities. Sixteen year-old William Lee was taken to Central Juvenile Hall after being …
Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case; by District Court Abused Discretion in Denying Counsel The Seventh Circuit Court of Appeals reversed a lower court's denial of the appointment of counsel to a prisoner. The court also vacated the grant of summary judgment to prison officials on medical …
Brief • November 7, 2005
Long v Finn, CA, Amended Complaint, medical neglect 2005 Case 2:04-cv-00881-DFL-EFB 2 3 4 5 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA SACRAMENTO 17 ) ) ) Plaintiff, ) ) vs. ) CLAUDE FINN, CHIEF WARDEN, ) S. R. MOORE, CHIEF DEPUTY ) WARDEN, R. FLORES, CORRECTION) …
California County Jail Quietly Settles by Substandard Healthcare Suit For $1.75 Million Santa Clara County, California has quietly paid a settlement of $1.75 million to settle a federal claim by county jail healthcare workers about being retaliated against and demoted for having complained about substandard healthcare practices they observed in …
Article • October 15, 2005 • from PLN October, 2005
First Circuit Upholds Order Privatizing Prison Health Care In Puerto Rico by Michael Rigby The U.S. First Circuit Court of Appeals held that an order governing the privatization of health care in Puerto Rican prisons was valid and did not violate the Prison Litigation Reform Act (PLRA). This case is …
Article • October 15, 2005
Many U.S. Prisoners Give Birth In Chains by Michael Rigby Childbirth is sacred in most cultures. But for many female prisoners in the U.S., the process can be cruel and degrading. According to a March 1, 2006, report by the human rights group Amnesty International U.S.A., 23 state prison systems …
Article • October 15, 2005
A Spotty Record of Health Care For Children in City Detention by By PAUL von ZIELBAUER It was early February 2000, and Judge Paula J. Hepner said she could hardly believe what a doctor in the city's juvenile justice system had done to the girl standing before her in Brooklyn …
Article • October 15, 2005
Forced Catheterization of Arrestee for Drug Test Upheld by The plaintiff was arrested for disorderly conduct and found to be pretty drunk and in possession of a marijuana pipe; the jail wouldn't admit him without a medical clearance. At the hospital he became uncooperative and abusive. A doctor directed that …
Wilson v. Hampton County, SC, Amended Complaint, Protection against Danger, 2005 IN THE UNITED STATES DISTRICT COURT THE DISTRICT OF SOUTH CAROLINA BEAUFORT DIVISION Civil Action No. 9:05-1777-PMD Brenda Wilson, Plaintiff ) ) ) v. ) Hampton County, ) Tonda Smith, Felsiha Mixson ) Illlya Odom, Diane Jamison ) Individually …
Lewis v. Prison Health Services, GA, Medical Death Suit, 2005, Complaint Case 1:05-cv-02434-TWT Document 1-1 b Filed 09/19/2005 Page 1 of 30 R I G I Ni' ,'_ IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION .' i I Jonah Lewis, the child of Raymond Austin, …
Article • September 15, 2005 • from PLN September, 2005
Summary Judgment for CMS/NJ DOC Reversed in Physical Therapy Suit by A New Jersey state appellate court issued an unpublished opinion reversing a lower court's grant of summary judgment to Correctional Medical Services (CMS) and the New Jersey Department of Corrections (DOC). On November 7, 1996, Craig Szemple, a prisoner …
Article • September 15, 2005 • from PLN September, 2005
Seventh Circuit Reverses Summary Judgment for CMS, Prison Doctor by In an unpublished decision, the Seventh Circuit Court of Appeals reversed a grant of summary judgment to a prison doctor, holding that the doctor manifested a substantial departure from accepted professional judgment in the treatment of a prisoner's cluster headache …
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