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Nassau County NY Settles Prisoner's Beating Death Suit for $7.75 Million by On March 31, 2003, Nassau County, New York agreed to settle a suit brought in the wake of the beating death of Thomas Pizzuto at the hands of guards at the Nassau County Correctional Center. The $7.75 million …
$900,000 Settlement in California Alcoholic's Jail Death From "DTs" by The County of San Joaquin agreed to pay $550,000, and the City of Lodi, California, $350,000, in a March, 2003 settlement of the 42 U.S.C. § 1983 complaint by the surviving children of a 31 year-old detainee with a long …
Prisoners and Guards Charged With Murder as Drugs and Brutality Plague State Prisons by Vermont: Four prisoners died in the custody of the Vermont Department of Corrections during a five week period between April and May 2003. Only one died of natural causes. [Editor's Note: PLN contributing writer James Quigley …
$177,000 Awarded in California Jail Medical Neglect Trial by John E Dannenberg by John E. Dannenberg On March 26, 2003, an Orange County, California Superior Court jury returned a verdict of $77,000 in compensatory damages against Orange County and County Sheriff Mike Carona, plus $100,000 in punitive damages, for ignoring …
$850,000 Settlement in LA County Jail Failure to Medicate Wrongful Death by The County of Los Angeles (LA), California settled a wrongful death claim on March 14, 2003 brought by the wife of an LA County Jail prisoner who died 2 ½ days after incarceration in August, 1999 because he …
Mason v. State of Maine, ME, Second Amended Complaint, 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; JEFFREY D. MERRILL, individually; CAPTAIN RATCLIFF, individually; and SHEILA LORENZ, individually. Defendants * * …
Death at North Carolina Lock Up Spotlights Troubled Jail System by Michael Rigby Death At North Carolina Lock Up Spotlights Troubled Jail System by Michael Rigby The death of Christopher Lee Wood at North Carolina's Cherokee County jail has served to illuminate a sordid history of prisoner abuse, FBI investigations …
Santa Fe Guards Rape Prisoners, Neglect Kills Another by Gary Hunter Two female prisoners were raped by Santa Fe jail guards within a ninety-day period. Santa Fe guards have been implicated in at least eight sexual assaults since 1999. Two of the victims were-minors. In April 2003, John Robertson, 39, …
Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court by Seventh Circuit Remands § 1983 Medical Negligence Suit to State Court The Seventh Circuit U.S. Court of Appeals remanded a prisoner's respondent superior (supervisory) medical negligence claim to the Indiana state courts, because although the claim was not …
Supreme Court Upholds Federal Tolling Statute; $80,000 Verdict Reinstated by Reversing the Supreme Court of South Carolina, the United States Supreme Court, in a unanimous decision, held that 28 U.S.C. § 1367(d) is constitutional. The decision reinstates a judgment against a South Carolina county jail in a wrongful death claim. …
Article • January 15, 2004 • from PLN January, 2004
$25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit by Lonnie Burton $25,000 Awarded to Former New York Prisoner in Medical Malpractice Suit by Lonnie Burton On February 13, 2003, a State Court of Claims judge in Albany, NY ruled that a former prisoner at the Washington Correctional …
Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E Dannenberg Retributive Denial Of Hepatitis-C Treatment States Eighth Amendment Claim by John E. Dannenberg A U.S. district court in New York has held that when a state prisoner's doctor-ordered Rebetron Therapy for his Hepatitis-C (Hep-C) disease was denied …
First Circuit Applies Mailbox Rule to § 1983 Complaints by by Matthew T. Clarke The First Circuit has held that the PLRA's exhaustion of remedies requirement is an affirmative defense, not jurisdictional, and failure to include proof of exhaustion of state remedies will not support sua sponte dismissal. The court …
Article • December 15, 2003
Filed under: Medical, Medical Records
Tennessee Prisoner Wrongly Denied Medical Records by LaTasha Marie Whittington-Barrett (Barrett), a transsexual Tennessee state prisoner, asked guards at the Northeast Correctional Complex to allow her to review and copy her medical and psychiatric files in conjunction with a lawsuit she intended to file. She was allowed access to only …
PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues by by John E. Dannenberg Prison Health Services (PHS), a subsidiary of America Service Group, Inc. (ASG), continues to face lawsuits and lose contracts for its deplorable record of prisoner health care gaffes in a dozen states. …
Bad Medicine, No Oversight, Total Secrecy: ACLU Reports on VA DOC Medical Care by Bad Medicine, No Oversight, Total Secrecy: ACLU Reports on Virginia DOC Prisoner Medical Care by Matthew T. Clarke In May 2003, the American Civil Liberties Union (ACLU) of Virginia issued a report on the status of …
Article • December 15, 2003
Contract Physician Not Acting Under Color Of State Law by The U.S. Court of Appeals for the Fourth Circuit held that a part-time contract physician was not acting under color of state law for purposes of § 1983 when treating a prisoner. Plaintiff Quincy West, a North Carolina state prisoner, …
Article • December 15, 2003
Filed under: Medical, Medication, Water, Bedding
KY Jail Prisoner's Suit Over Denial of Seizure Medication Dismissed by The plaintiff, who has a seizure disorder, was arrested and held overnight in jail. He alleged that he received no medication while in jail and had seizures as a result. The court says (a) the defendants say they medicated …
Religious Garments May Be Worn During Prisoner Transport by Bob Williams By Bob Williams The United States District Court for the District of Colorado rejected a plea for qualified immunity by the Colorado Department of Corrections (CDOC) over their refusal to transport a Jewish prisoner while wearing religious Garments. Russell …
Article • December 15, 2003
$728,000 Awarded to Canadian Prisoner Beaten By Fellow Prisoner Leaving Him Legally Blind by $728,000 Awarded to Canadian Prisoner Beaten By Fellow Prisoner Leaving Him Legally Blind Former Alberta, Canada, prisoner Jeremiah McLellan was sentenced as an adult at age 16 for a 1995 robbery that resulted in two deaths. …
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