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$76,000 in Fees and Damages Awarded in Kansas Excessive Force Claim by Bob Williams The federal district court in Kansas has awarded a state prisoner $45,000 plus $30,913.90 for attorney fees and expenses in an excessive force claim brought against three prison guards. The court also denied qualified immunity, found …
Article • September 15, 2004 • from PLN September, 2004
Washington Jail Trustees Entitled to L&I Benefits by Division 3 of the Washington State Court of Appeals (Div. 3) has ruled that county jail trustees who are hurt while performing their duties are entitled to benefits from Labor & Industries (L&I) under RCW § 51.12.035 et seq. In July of …
Washington Jail Settles Conditions Lawsuit by On October 6, 2003 officials in Jefferson County, Washington settled a class action lawsuit filed by a Jefferson County Jail prisoner. The suit alleged inhumane living conditions and resulted in sweeping changes in jail policy. On February 25, 2002 Shawn Orndorff, a prisoner at …
Article • September 15, 2004 • from PLN September, 2004
Prison AIDS Cases, Deaths Increase; HIV Infections Decrease by In January 2004, the Bureau of Justice Statistics (BJS), a division of the U.S. Department of Justice, reported that the number of confirmed Acquired Immune Deficiency Syndrome (AIDS) cases and AIDS-related deaths among all state and federal prisoners increased from yearend …
Administrative Remedies Deemed Unavailable Based on Physical Injury by Bob Williams Administrative Remedies Deemed Unavailable Based On Physical Injury By Bob Williams The Fifth Circuit Court of Appeals has held that administrative remedies are unavailable when a prisoner has a physical injury which prevents filing a grievance and a subsequently …
Survivors of Prisoner Killed in Texas County Jail Awarded $2,500,000 by On May 20, 2003, a state district court in El Paso, Texas, awarded $2.5 million in damages plus attorney fees and court costs of $393,518 to the surviving spouse, daughter and estate of a man who died while imprisoned …
Mason v. State of Maine, ME, Motion for Summary Judgement, Disability Discrimination, 2004 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MAINE DAVID A. MASON AND PHILLIP M. NAPIER Plaintiffs, v. STATE OF MAINE, DEPARTMENT OF CORRECTIONS et. al. Defendants * * * * * CIVIL ACTION NO. 1:03-cv-199 * …
Article • August 15, 2004 • from PLN August, 2004
Mentally Ill Texas Prisoner Not Entitled to Hepatitis Treatment by Mentally Ill Texas Prisoner Not Entitled To Hepatitis Treatment In this unpublished decision by a three judge panel, the U.S. Fifth Circuit Court of Appeals held on March 19, 2004, that the failure of Texas prison officials to treat a …
Tennessee: Staph Outbreak, Delayed Treatment, Death Highlight Prison Healthcare Problems by Michael Rigby An outbreak of staph infection, the delayed treatment of a brain tumor, and a preventable heart attack are just a few of the problems Tennessee prisoners have faced while in the care of private contractors. In September …
Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs by Texas Boot Camp Denied Immunity for Ignoring Serious Medical Needs The U.S. Court of Appeals for the Fifth Circuit affirmed a district court's denial of official immunity for boot camp operators who were negligent and deliberately indifferent to a …
CCA Medical Contract Doesn't Violate 8th Amendment by The Sixth Circuit Court of Appeals has vacated an injunction holding a contract between Corrections Corporation of America (CCA) and a private doctor; Dr. Robert B. Coble, was unconstitutional. The contract at issue required Dr. Coble to, among other things, "determine the …
No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints by No Qualified Immunity for Prison Officials on Tobacco Smoke Complaints The U.S. Court of Appeals for the Third Circuit affirmed a district court's denial of summary judgment and qualified immunity for the Delaware prison guards who exposed a prisoner …
Article • August 15, 2004 • from PLN August, 2004
Filed under: Medical, Dental Care
Denial of Dentures States Eighth Amendment Claim by The U.S. Court of Appeals for the Eleventh Circuit reversed a lower court's grant of summary judgment favoring an Alabama state prison dentist who did not timely furnish a prisoner with dentures. When Dean Farrow arrived at Alabama's Easterling Correctional Facility in …
Tennessee Prison Audit Blasts DOC, CCA and CMS by Michael Rigby A Tennessee Department of Corrections (TDOC) performance audit for the years 1997-2002, released by the state comptroller's office in September 2003, reveals problems with prison staffing, pre-release preparation, and numerous instances of contract violations by private prison contractors. A …
Florida Jail Pays Prisoner's Family $2.5 Million in Methadone Withdrawal Death by On May 23, 2001, Karen Johnson, 43, literally died of medical neglect while being held prisoner in the Orange County Jail in Orlando, Florida. In July, 2002 PLN reported how Johnson desperately pleaded with her captors to continue …
Article • July 15, 2004 • from PLN July, 2004
New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer by New York Prisoner Awarded $800,000 for Undiagnosed, Untreated Throat Cancer On September 30, 2003, a state court of claims in Albany, New York, awarded state prisoner Ronald Zacchi $800,000 for the pain and suffering he experienced as a result …
Article • July 15, 2004 • from PLN July, 2004
$1.5 Million Verdict in NYC Jail Medical Malpractice Death by A jury awarded $1.5 million on January 23, 2004 for the wrongful death of a 37 year-old mother of six who died on September 30, 1998 in a New York City (NYC) jail holding cell from improper medications given her. …
Article • July 15, 2004 • from PLN July, 2004
District of Columbia May Be Liable for Prisoner's Inadequate Medical Care by District of Columbia May Be Liable for Prisoner's Inadequate Medical Care The U.S. Court of Appeals for the District of Columbia, reversing and remanding the district court, held that a D.C. prisoner incarcerated in a Virginia state prison …
Court Continues Oversight and Orders Corrections in Georgia Jail by David Reutter by David M. Reutter "The Court is totally out of patience with the assurances and promises that compliance will be achieved" with the Final Settlement Agreement signed on January 24, 2000. So said Judge Shoeb, U.S. District Court …
Article • June 15, 2004 • from PLN June, 2004
Suits in Michigan and New Jersey Seek to Force HCV Treatment by A groundswell of prisoner litigation is taking aim at states to force them to comprehensively and meaningfully address HCV in prison. These suits, often brought as class actions, seek to mandate a protocol for HCV detection and treatment …
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