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Article • May 15, 2007
Hunger Striking NH Prisoner Can Be Force Fed by The New Hampshire Supreme Court held a prisoner may be forced to receive medical treatment to prevent him from starving to death. The prisoner was simply tired of what life held for him and wanted to live freely or allow himself …
Article • May 15, 2007
Michigan Prisoner Civil Suit for Sexual Abuse by In an unpublished ruling, the U.S. Court of Appeals for the Sixth Circuit held that a Michigan district court erred in dismissing a prisoner's civil rights suit for sexual assault by two guards and an emergency room doctor. The prisoner had chest …
Article • May 15, 2007
Judge Immune From § 1983 Action by Judge Immune From § 1983 Action The U.S. Supreme Court held that an Indiana circuit judge acting under Indiana law was immune from liability under 42 U.S.C. 1983, even if he issued an erroneous ruling. A woman and her husband filed suit under …
Article • May 15, 2007
OK to Feed Hunger striking Illinois Prisoner by The Illinois Fourth District Court of Appeal affirmed a trial Court's injunction allowing prison officials at the Pontiac Correctional Center: to force feed a prisoner on hunger strike, which was began (1) Protesting his transfer to Pontiac, (2) objecting to having his …
Article • May 15, 2007
Force Feeding of Washington Prisoner Upheld by The Washington Court of Appeals upheld a Washington Department of Corrections (WDOC) policy allowing the force-feeding of hunger-striking prisoners. Charles McNabb set fire to his estranged wife's home, seriously burning his 16-year-old step-daughter, who was inside. Guilt and grief stricken for hurting her, …
Article • May 15, 2007
Mentally Ill PA Prisoner Forced to Accept Medical Treatment to Prevent Death by The Commonwealth Court of Pennsylvania held a prisoner may be force fed to prevent him from starving to death. The prisoner, who was being held at the Fairview State Hospital for treatment of borderline personality Disorder, stated …
Prisoners Have Right to Informed Consent and to Refuse Medical Treatment by The Third Circuit Court of Appeals held prisoners have a right to be informed of their medical treatment and may refuse that treatment; that the instituting of disciplinary action as retaliation for refusing treatment is unconstitutional, and the …
Article • May 15, 2007
Third Circuit Upholds Forced Feeding of Pennsylvania Prisoner by On September 28, 2004, the U.S. Third Court of Appeals held that although the admission of a federal litigant's prior robbery conviction during trial was erroneous pursuant to Federal Rules of Evidence, the admission did not affect the trial's outcome. The …
Article • May 15, 2007
Court Upholds Kicking Handcuffed Prisoner on Ground by The plaintiff alleged that as he was being escorted in restraints, he tripped over an officer's foot, an officer hit him in the head with her keys, and the officers kicked and beat him while he was on the ground. He was …
Article • May 15, 2007
Jail Doctor Given Qualified Immunity For Involuntarily Catheterizing Prisoner by The plaintiff was involuntarily catheterized to remove urine (unsuccessfully, since he was struggling) because the doctor was concerned that he might have a neurological injury. The plaintiff's Fourth Amendment claim is rejected. At 1116: "Invasions of the body for medical …
California Sexual Predators’ Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John Dannenberg California Sexual Predators' Suit Alleging Unconstitutional Civil Confinement Conditions Survives Dismissal by John E. Dannenberg A class of 600 civilly committed sexually violent predators (SVP) sued the California Department of Mental Health (DMH) under 42 U.S.C. …
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 …
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