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Article • May 15, 2001 • from PLN May, 2001
Change in AIDS Medication States Claim by Change In Aids Medication States Claim A Virginia federal district court ruled prisoner Terry Lee Taylor stated a claim under 42 U.S.C. §1983 where a prison doctor order a change in Taylor's AIDS medication without notification. The new medication caused Taylor to suffer …
Texas and Florida Prisoners Used in Medical Experiments by Julia Lutsky When the AIDS epidemic struck in the mid eighties and pharmaceutical companies wished to test new and promising drugs, what better place than in the nation's prison systems? AIDS has no known cure and test subjects in the prison …
Article • March 15, 2001 • from PLN March, 2001
"The Judge Gave Me Ten Years--He Didn't Sentence Me to Death" by Anne-Marie Cusac "The Judge Gave Me Ten Years--He Didn't Sentence Me to Death" Prisoners with HIV deprived of proper care By Anne-Marie Cusac In prisons and jails across the country, prisoners with HIV or AIDS are denied proper …
Mentally Ill Prisoners in the New Jersey Prison System by Julia Lutsky Two hundred prisoners filed a class action suit against the New Jersey Department of Corrections (NJDOC) in 1996. A court order issued as a result of that suit mandated an investigation to "assess the mental health services in …
Article • February 15, 2001 • from PLN February, 2001
Summary Judgment Reversed on Diabetes Claim by The Court of Appeals for the Eighth Circuit reversed a lower court's grant of a summary judgment in favor of a doctor and a deputy sheriff on a pre-trial detainee's §1983 claim that they were deliberately indifferent to his serious medical needs. Floyd …
En Banc Sixth Circuit Addresses Mental Health Care by By Matthew T. Clarke Anthony Wade was a Michigan state prisoner who committed suicide by taking an overdose of anti-depressant Sinequan (Doxepine) pills. During the year Wade was in presentencing incarceration at the Wayne County Jail (WCJ), he suffered from depression …
Dying For Profits: CMS and the Privatization of Prisoner Health Care by Ronald Young By Ronald Young Marvin Johnson, a 28-years-old diabetic, required 100 units of insulin per day to stay alive. On the morning of July 27, 1995, he was arrested and jailed in Little Rock, Arkansas for driving …
FTCA Claims May Be Brought Only Against U.S. by A federal district court in North Carolina held that Federal Tort Claims Act (FTCA) claims could be brought against the United States, but not against the Federal Bureau of Prisons (BOP), a correctional institution, or the institution's medical staff. The court …
Article • November 15, 2000 • from PLN November, 2000
Disabled Prisoner Survives Summary Judgment by A federal district court in Kansas held that jail officials were not entitled to qualified immunity with respect to their treatment of a double amputee prisoner, and denied defendant's motion for summary judgment on all claims. Tracy Schmidt, without both legs below the knees, …
Arizona Jury Acquits CCA Escapees by Two Alaska state prisoners on trial for a 1996 escape from a private prison were acquitted by an Arizona jury. The prosecution was undoubtedly stunned by the verdict in what was considered to be an open and shut case. However, the prosecutor in the …
Article • June 15, 2000 • from PLN June, 2000
$200,000 Awarded in Michigan Jail Wrongful Medication Suit by On June 22, 1999, a Macomb county jury in Michigan awarded $200,000 in damages to David Dempsey after he was wrongly medicated in the Macomb county jail. Dempsey suffers from bipolar disorder. While imprisoned on the psychiatric floor of the Macomb …
DOJ Investigates CMS Health Care at Missouri Prison by Michael Rigby DOJ Investigates CMS Health Care At Missouri Prison by Michael Rigby Allegations of improper medical treat-ment, lack of medical treatment, and several suspicious deaths at the Women's Eastern Reception, Diagnostic and Correctional Center, a state women's prison in Vandalia, …
Article • May 15, 2000 • from PLN May, 2000
Denial of Medication Precludes Summary Judgment by The U.S. district court for the southern district of Ohio held that a genuine issue of material fact precluded summary judgement against an arrestee who was denied needed AIDS medication during his eight-day jail incarceration. Devin Karl Murphy brought a 42 U.S.C. § …
Article • May 15, 2000 • from PLN May, 2000
Oregon Contraband Conviction Reversed by The Oregon Court of Appeals reversed a prisoner's conviction for supplying contraband, finding that there was insufficient evidence to sustain the conviction. Jose Hernandez, a prisoner at the Umatilla County jail, was found in possession of a powdery substance which was later determined to be …
Article • April 15, 2000 • from PLN April, 2000
Prison Must Provide Medication Supply to Released Prisoners by by Matthew T. Clarke The Ninth Circuit has held that prison officials must provide a supply of medications to prisoners requiring medication when they are released from prison. Timothy Wakefield, a California state prisoner who requires psychotropic medication to control his …
Article • April 15, 2000 • from PLN April, 2000
Denial Of Food and Medicine Supports Eighth Amendment Claim by Ronald Young The court of appeals for the Seventh circuit held that a prisoner's medical condition was sufficiently serious to support an Eighth Amendment claim, and material fact issues existed as to whether officials acted with deliberate indifference toward the …
Article • December 15, 1999 • from PLN December, 1999
Stanford University Tests Drugs on Imprisoned Juveniles by During 1997 researchers from Stanford University were allowed to conduct drug trials on 61 teenagers imprisoned at the California Youth Facility (CYA) in Stockton. According to the Associated Press, state officials have indicated that those tests may have violated a state law …
Trial Required in ADA Suit over HIV Medication by In the July, 1999, issue of PLN we reported McNally v. Prison Health Services, 28 F. Supp.2d 671 (D ME 1999) in which the court denied the defendants' motion to dismiss. The case involves David McNally, an HIV positive arrestee who, …
Article • September 15, 1999 • from PLN September, 1999
PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo by The Tenth Circuit court of appeals has held that prisoner suits dismissed for failure to plead a physical injury, as required by the Prison Litigation Reform Act (PLRA), must be reviewed de novo. Darren Eugene Perkins, an HIV-positive …
Article • August 15, 1999 • from PLN August, 1999
Denial of Pain Medication Violates Eighth Amendment by The court of appeals for the Seventh circuit held that a guard's denial of prescribed pain medication to a prisoner undergoing cancer treatment violates the Eighth Amendment's ban on cruel and unusual punishment. James Ralston, a Wisconsin state prisoner, was given radiation …
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