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Article • December 15, 2003
Deadly Drug-Resistant Staph in Prisons Throughout USA by by Matthew T. Clarke A deadly outbreak of drug resistant staph (MRSA) is occurring at prisons throughout the country. It is often misdiagnosed as a spider bite or non-resistant staph, delaying treatment until it is too late. This has already lead to …
Article • December 15, 2003
Audit Finds Colorado DOC Loses Large Quantities of Drugs by by Matthew T. Clarke A $436,484 shortage in the Colorado Department of Corrections's pharmacy budget in 2003 prompted an internal audit. The audit found that close to a half-million dollars worth of drugs have been lost by the prison system. …
Article • December 15, 2003
Sovereign Immunity No Bar to BOP Prisoners' Eighth Amendment Mandamus Suit by The Tenth Circuit Court of Appeals has held that a federal prisoner's mandamus action alleging an Eighth Amendment violation is not barred by the doctrine of sovereign immunity. This action was brought by Bureau of Prisons (BOP) prisoner …
Virginia: Stun Gun Implicated In Death, CMS Implicated In Coverup by by Michael Rigby Documents filed as part of a $204 million lawsuit directly, contradict the Virginia Department of Correction's (DOC) initial assertion that a stun gun played no role in the death of Lawrence James Frazier, and may implicate …
Article • November 15, 2003 • from PLN November, 2003
Pepper Spray Drift Injury Can Be Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that where guards' pepper spraying of combatant prisoners in one cell did not violate their Eighth Amendment rights against cruel and unusual punishment, the drift of the …
Texas Prisoner Gets 30-Day Grace Period to File Expert Affidavit by by Matthew T. Clarke A Texas state court of appeals has ruled that a prisoner claiming accident or mistake in failing to file an expert report within 180-days of filing his medical negligence suit is entitled to a 30-day …
Article • November 15, 2003 • from PLN November, 2003
Expert Testimony Required in Alaska Medical Suits by The Alaska Supreme Court held that pro se litigants are not entitled to judicial advice as to the ramifications of every decision made during the course of litigation. That court affirmed the trial court's summary dismissal of the pro se plaintiff's medical …
Article • November 15, 2003 • from PLN November, 2003
Gay Prisoners Not Entitled to Double-Occupancy Cell by Gay Prisoners Not Entitled To Double-Occupancy Cell The Fourth Circuit U.S. Court of Appeals held that legitimate penological interests supported a prison policy to restrict homosexual male prisoners to single celled housing while at the same facility yet permitting homosexual female prisoners …
Article • November 15, 2003 • from PLN November, 2003
Oklahoma Jail Pays $385,000 Settlement in Baby's Death by Oklahoma Jail Pays $385,000 Settlement in Baby's Death On December 11, 2002, Oklahoma County, Oklahoma agreed to settle a medical neglect suit by paying $385,000 to Deborah Smith, 31, a former prisoner in the Oklahoma county jail. While imprisoned in the …
Brief • November 3, 2003
Filed under: Injury -- Misc., Evidence
Gosciniak v. Sacramento County, CA, Plaintiff's Reply to Motion for New Trial, 2003 MICHAEL J. HADDAD (State Bar No. 189114) JULIA SHERWIN (State Bar No. 189268) HADDAD & SHERWIN 1300 Clay Street, Suite 600 Oakland, California 94612 Telephone: (510) 622-7788 Fax: (510) 482-3873 Attorneys for Plaintiff UNITED STATES DISTRICT COURT …
The Deadly Health Services of Naphcare in Alabama by Lonnie Burton It is often said that you can tell a lot about a society by checking the condition of its prisons. Based on the way prisoners in Alabama are treated (or, more accurately stated, not treated), citizens of that state …
Temporary Injunction Issued in Alabama Suit by On June 26, 2003, the parties in Baker v. Campbell agreed to the entry of a temporary preliminary injunction which, among other things, provides for "immediate" and "adequate" medical care for Alabama prisoners with serious illnesses. The "Preliminary Injunction Settlement Agreement" stems from …
Wackenhut's Legacy of Shame in Austin by by Matthew T. Clarke The price of attending the March 1997 South by Southwest Music Festival in Austin, Texas, came very high for Dallas record producer David Prater. Busted for a minor drug possession, in 1998 Prater was sentenced to 250 days in …
Article • October 15, 2003 • from PLN October, 2003
Family Awarded $229,000 Against CMS in Illinois Hepatitis C Jail Death by A jury has awarded the family of a prisoner who died while in the Kane County Illinois Jail $229,500. On May 16, 2002, after 92 hours of deliberation, the jury returned a verdict against Correctional Medical Services of …
Article • October 15, 2003 • from PLN October, 2003
California Prisoner Who Received First Heart Transplant Dies by A California man, who is believed to be the first prisoner in the nation to receive a heart transplant while incarcerated, died last December from complications relating to the operation. The man, whose name has never been released, was serving a …
Article • October 15, 2003 • from PLN October, 2003
Diagnosis, Not Exposure, Triggers Limitation Period in HCV Action by The Iowa Supreme Court held in a workers compensation case that the statute of limitations in a hepatitis C exposure case begins to run on the date of diagnosis, rather than the date of exposure. On October 2, 1990, Diane …
Alabama's Women Prisoners Moved to Louisiana to Ease Overcrowding by Alabama's Julia Tutwiler Prison for Women at Wetumpka was built in 1942 to house 364 prisoners. In 2002, Tutwiler's population rose beyond 1,000 with overcrowding so severe that a group of women prisoners sought relief by filing a lawsuit in …
Article • September 15, 2003 • from PLN September, 2003
Filed under: Reviews, Medical, Hepatitis
CDC Report Outlines Prevention and Control of Hepatitis in Prisons by John E Dannenberg CDC Report Outlines Prevention And Control Of Hepatitis In Prisons by John E. Dannenberg The national Centers for Disease Control and Prevention (CDC) has issued an updated report providing guidelines and recommendations for juvenile and adult …
Article • August 15, 2003 • from PLN August, 2003
Oregon HCV Suit Certified as Class Action by On December 19, 2002, Oregon prisoners suing prison officials for refusing to properly diagnose and treat their hepatitis C virus (HCV) were handed an important victory, when a federal judge issued a 37-page Opinion and Order, certifying the suit as a class …
Article • August 15, 2003 • from PLN August, 2003
$3.2 Million Awarded to New York Jail Prisoner in Work Accident by On October 18, 2002, a Queens county, New York, jury awarded Ronald York, a 21 year old prisoner at the New York City jail on Riker's Island, $3.2 million in damages as compensation for a work injury. Ronald …
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