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Article • August 15, 2003 • from PLN August, 2003
$178,294 Awarded in BOP Malpractice Suit by The United States District Court for the Middle District of Pennsylvania has awarded a federal prisoner $178,294, including $150,000 for pain and suffering, due to medical malpractice by doctors working for the U.S. Bureau of Prisons (BOP). Jeffrey Berman is an ileostomy patient, …
The PLRA Does Not Change Leave to Amend Rule by Bob Williams The PLRA Does Not Change Leave To Amend Rule by Bob Williams The Third Circuit Court of Appeals has held that the Prison Litigation Reform Act (PLRA) does not mandate dismissal of an indigent litigant's deficient complaint without …
Director Out at Scandal-Plagued Washington State Jail by Lonnie Burton Amid numerous scandals and investigations into wrongdoing and prisoner mistreatment by staff, the director of the Snohomish County jail in Everett, WA was relieved of her duties in mid-April 2003. Corrections department director Andrea Bynum was fired due to her …
North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton After four separate lawsuits were filed by prisoners serving sentences at two North Carolina juvenile facilities alleging a wide range …
America's Prisons Turn a Blind Eye to HCV Epidemic by Mark Wilson The hepatitis C virus (HCV) is an insidious and relentless disease which is highly unpredictable and eventually fatal. It is a chronic disease which is the leading cause of cirrhosis, liver failure and liver cancer which causes an …
Massachusetts Jury Awards $175,000 to Beaten Ex-Prisoner by On August 28, 2002, a Worcester (MA) Superior Court jury awarded $175,000 to a former Massachusetts state prisoner who sued the Department of Correction (DOC). The jury also found that the DOC negligently hired and supervised a guard with a known propensity …
Article • July 15, 2003 • from PLN July, 2003
HIV Infections, AIDS Deaths Down in U.S. Prisons by Acquired Immune Deficiency Syndrome (AIDS), the fearsome, incurable disease caused by Human Immunodeficiency Virus (HIV), is far more prevalent in prison populations nationwide than it is in the general, non-incarcerated population throughout the United States. At the end of the year …
Alabama DOC Settles Mental Health Class Action by James Quigley The U.S. District Court for the Middle District of Alabama approved a settlement agreement between a class of prisoners, defined as "all acutely or severely mentally ill male inmates who are presently or will in the future be incarcerated in …
Article • July 15, 2003 • from PLN July, 2003
No Qualified Immunity When Denying Pain Medication by The Seventh Circuit US Court of Appeals affirmed summary judgment against an Illinois state prisoner's 42 USC § 1983 principal complaint alleging negligent medical treatment, but denied the defendants' qualified immunity defense to the included claim regarding denial of pain medications. John …
Appointment of Counsel in New Jersey Medical Suit by The U.S. Third Circuit Court of Appeals has vacated and remanded a New Jersey U.S. District Court's award of summary judgment against, and denial of appointment of counsel to, a pro se prisoner plaintiff. Jeffrey Montgomery, a New Jersey State prisoner …
Article • July 15, 2003 • from PLN July, 2003
Expert Testimony Required to Prove Causation by The Eighth Circuit Court of Appeals held that a Missouri prisoner who suffered a stroke after being deprived of medication for hypertension for a month could not recover absent expert medical testimony on causation. Willie Robinson, a sixty-four year old man with a …
Brief • July 7, 2003
Henderson v. Washington, DOC, WA, Complaint Campylobacter & Blood Infection, 2003 .' .. .,.. _.-...-.. --- -.... STANDARD TO~T CLAIM FORM General LlablUly n Form #SF 210 STATI:'·OPf.1eE {)F . RISK MANAGEMENT Pursuant to ROW 4.92, this fonn is provided for your convenience when filing a tort claim against the …
The Shame of Prison Health by Sasha Abramsky A report is sitting at the Justice Department, unpublished. It has been there for three years. Titled The Health Status of Soon-to-be-Released Inmates, it was compiled by experts who sat on three panels: one on communicable diseases, one on chronic diseases and …
Mailbox Rule Tolls Statute of Limitations in BOP Medical Suit by The Sixth Circuit Court of Appeals held that, pursuant to the mailbox rule of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379 (1988), a prisoner's medical malpractice action was filed as of the date he delivered it to …
Article • June 15, 2003 • from PLN June, 2003
Texas Tries to Hire Incompetent Doctors to Review Medical Care by by Matthew T. Clarke In October, 2002, Chancellor of the University of Texas (UT) System Mark Yudof asked Texas Health Commissioner Eduardo Sanchez to appoint a three-member panel of experts "with laudable records in correctional health care" and without …
Washington Women's Medical Care Consent Decree Ended by The Ninth Circuit Court of Appeals upheld a district court's refusal to extend the terms of a consent decree under the Prison Litigation Reform Act (PLRA). The court also held that the district court improperly declined to consider plaintiffs' motion for contempt. …
Article • June 15, 2003 • from PLN June, 2003
$250,000 Award for Texas Jail Paraplegic Upheld by by Matthew Clarke The Fifth Circuit Court of Appeals has upheld a $250,000 award against Dallas County, Texas, for a paraplegic prisoner who developed life-threatening decubitus ulcers due to the jail's deliberate indifference to his serious medical needs. Brent Lawson, a former …
Federal Legal Standards for Prison Medical Care by Daniel E. Manville Federal Legal Standards For Prison Medical Care by Dan Manville The State is required to provide adequate medical care to those it confines.1 In this time of shrinking budgets, many prison systems have turned to contracting with private health …
Article • May 15, 2003 • from PLN May, 2003
Prisons Experience Outbreaks of Infectious Disease by Michael Rigby Prisons in Vermont and Pennsylvania dealt with serious outbreaks of infectious disease this past August resulting in the disinfection of an office complex and the filing of a class action lawsuit, respectively. Vermont In late July 2002, an outbreak of Legionnaire's …
Exceptions Made To PLRA Exhaustion Requirement; Discovery Allowed by John E Dannenberg by John E. Dannenberg Two U.S. District Courts recently made exceptions to the Prison Litigation Reform Act's (PLRA) requirement to exhaust administrative remedies. The Central District of California court ruled that when a prisoner's administrative appeal had been …
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