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Untreated Diabetic Los Angeles Jail Detainee May Sue for Failure to Provide Medical Care by by John E. Dannenberg The California Court of Appeal, Second District, has held that a diabetic Los Angeles jail detainee who was denied medical care for over 24 hours could sue the Los Angeles Sheriff’s …
Prison Doctors, Tainted by Regulatory Board Discipline, Administer Wisconsin Prisoner Care by David Reutter by David M. Reutter Whenever prisoners complain about inept healthcare, prison officials accuse them of being manipulating whiners, or assert they are being administered the ?community standard of care? by competent medical professionals. A review by …
Alves v. Harrison County, MS, second amended complaint, jail restraint chair injury, 2007 Case 1:06-cv-00912-LG-JMR Document 80 Filed 10/18/2007 Page 1 of 11 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION KASEY D. ALVES PLAINTIFF VERSUS CAUSE NO.:1:06cv912 LG-JMR HARRISON COUNTY MISSISSIPPI, BY AND THROUGH THE …
Michigan's Prison Health Care System Found Contemptuous by David Reutter by David M. Reutter "Step on a man's foot once, and a polite apology will do. Do it twice, and a profuse apology is in order. Do it thrice, and you have left the land of apology and entered the …
Article • May 15, 2007
Utah: $490,000 Verdict for Untreated Hypertension, Vision Loss, Renal Failure by On November 25, 1992, a Utah jury awarded $490,000 to a state prisoner who suffered vision loss and renal failure because prison medical personnel failed to treat his hypertension. While imprisoned at the Utah State Prison, the plaintiff, 30, …
Article • May 15, 2007
Filed under: Medical, Kidney
Lifesaving Medical Treatment Mandated for IA Prisoner Despite Refusal by The Iowa Supreme Court has held the state has a compelling interest in requiring lifesaving medical treatment of a prisoner despite his refusal of that treatment. The prisoner was refusing daily kidney dialysis treatment, which would have resulted in his …
Article • May 15, 2007
Filed under: Medical, Kidney
Delay in Kidney Dialysis Not Serious Medical Need by The plaintiff suffered from complete kidney failure and was supposed to receive dialysis three times a week, but told jail intake personnel that missing appointments was "no big deal" and he had "missed them before." He missed one appointment because he …
Article • May 15, 2007
Administrative Exhaustion for Kidney Transplant Habeas by Petitioner filed a habeas petition to get a furlough so he could get a kidney transplant. The court dismisses for non-exhaustion without commenting on the fact that this is a habeas proceeding, whether it is a proper habeas proceeding, whether the PLRA should …
Article • May 15, 2007
Filed under: Medical, Kidney
CA Prisoner's Allegation of Several Months Delay in Treating His Kidney Stones States 8th Amendment by CA Prisoner's Allegation of Several Months Delay in Treating His Kidney Stones States 8th Amendment Claim Juan Portillo, a California state prisoner, was for several months denied pain medication and treatment for kidney stones …
Article • August 15, 2006 • from PLN August, 2006
$365,000 Settlement For Restrained, Untreated Michigan Boot Camp Prisoner by On December 22, 2005, the state of Michigan agreed to pay $365,000 to a boot camp prisoner who was strapped in a restraint chair for six hours and later suffered kidney and liver failure. Craig Allen Cook II was arrested …
Article • January 15, 2006 • from PLN January, 2006
11th Circuit Finds S.Ct. Overruled Heightened Pleading Standard by The Eleventh Circuit Court of Appeals held that the heightened pleading standard is not applicable in a § 1983 action against a non-governmental entity that cannot raise qualified immunity as a defense" pursuant to Leatherman v. Tarrant County Narcotics Intelligence & …
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 …
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 …
Article • August 15, 2001 • from PLN August, 2001
Filed under: Medical, Kidney, Transplants
BOP Changes Organ Transplant Policy by Robert Durkee The Federal Bureau of Prisons announced in early 2001, that it had decided to pay for organ transplants in some circumstances modifying its longstanding position of refusing to provide organ transplants for prisoners. Officials made the decision because, for disorders such as …
Article • March 15, 2001 • from PLN March, 2001
BOP Organ Transplant Ban Questioned by The court of appeals for the Eighth circuit dismissed, without prejudice, a habeas corpus petition filed by Kenneth Barron, a federal prisoner, claiming his longterm survival was at risk because the Bureau of Prisons (BOP) refuses to provide him with a kidney transplant. Instead, …
Article • August 15, 1997 • from PLN August, 1997
Utah Supreme Court Vacates Damage Reduction in Prison Suit by The Utah supreme court held that prisoners can sue for money damages for violation of their state constitutional rights, a landmark ruling for Utah prisoners. Roger Bott, a Utah state prisoner, sought medical care when he began experiencing vision problems. …
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