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System Examined in Death of Washington Prisoner by Angela Galloway By the time the guard helped him, the 32-year-old burglar's eyes and skin glowed yellow. Curled up on his metal bunk at McNeil Island Correctional Center, Phillip Montgomery's lanky, athletic body lay weak from days of pain and vomiting. A …
Article • February 15, 2003 • from PLN February, 2003
Washington DOC Settles Hep C Death Suit for $1 Million by Washington DOC Settles HEP C Death Suit for $1 Million On October 30, 2002 the Washington Department of Corrections agreed to pay $1 million to the family of Philip Montgomery to settle a wrongful death suit filed by his …
Court Orders Hospitalization for Federal Pretrial Detainee by A federal court in Maryland held that a federal pretrial detainee was entitled to be transferred to a hospital or infirmary for the duration of his pretrial detention due to inadequate medical care while in custody of U.S. Marshals. Trevor Wallen, a …
Prisoner's Estate Survives Summary Judgment on Medical Policy Claims by A federal district court in Michigan held that issues of fact as to whether prison officials adopted a policy discouraging necessary health care precluded summary judgment. Roscoe Young was incarcerated in a prison of the Michigan Department of Corrections (MDOC) …
Alabama Jail Conditions Unconstitutional, County Liable by David Reutter by David M. Reutter The Court of Appeals for the Elev-enth Circuit has held, in a case with protracted litigation resulting in three opinions of the Court, that the conditions of the Butler County Jail in Greenville, Alabama are so atrocious …
Article • February 15, 2003 • from PLN February, 2003
Filed under: Medical, Muscular
Ohio Appeals Court Upholds § 1983 Medical Care Claim by Ohio Appeals Court Upholds § 1983 Medical Care Claim Ohio's Fourth District Court of Appeals has partially reversed the dismissal of an Ohio prisoner's 42 U.S.C. §1983 complaint filed in state court. Ohio Department of Rehabilitation and Correction (DORC) prisoner …
All California Prisoners Win Upgraded Medical Care by John E Dannenberg by John E. Dannenberg On January 25, 2002, the California Department of Corrections (CDC) entered into a settlement in a class action lawsuit that will upgrade medical care for 157,000 prisoners at all 33 California state prisons. Following the …
California Internet Mail Ban Enjoined by John E Dannenberg by John E. Dannenberg The US District Court (N.D. Cal.) issued a permanent injunction against the California Department of Corrections' (CDC) policy that prohibits prisoners from receiving mail that contains Internet-generated information. Frank Clement, a prisoner at Pelican Bay State Prison …
EMSA and Nevada Jail Pay $40,000 Settlement to Quadriplegic by In April, 2002, Robert Cornwall, 30, a quadriplegic, settled a lawsuit against the Washoe county jail in Nevada for $40,000. The lawsuit stemmed from Cornwall being arrested on domestic violence charges against his wife on July 25, 2000. Cornwall spent …
Article • January 15, 2003 • from PLN January, 2003
7th Circuit Denies Qualified Immunity on ETS Claim by The Seventh Circuit Court of Ap-peals held that prison officials were not entitled to qualified immunity on a claim of exposure to environmental tobacco smoke (ETS). Wisconsin DOC prisoner Chad J. Alvarado brought suit against prison officials alleging an Eighth Amendment …
Article • January 15, 2003 • from PLN January, 2003
All Aspects of Inadequate Medical Need Not Be Exhausted by A federal court in California held that it is not necessary for a prisoner to allege every aspect of inadequate medical care claims in a grievance for purposes of exhausting administrative remedies under the Prison Litigation Reform Act (PLRA). On …
Alabama DOC Quickly Settles Prison Working Conditions Suit by John E Dannenberg by John E. Dannenberg On January 8, 2002, a scant two months after being sued, Alabama Department of Corrections (DOC) officials settled a class action complaint filed on behalf of 200 prison workers at the Elmore Correctional Facility …
Article • January 15, 2003 • from PLN January, 2003
Sexual Assault Violates Eighth Amendment by A federal district court in Delaware has held, in denying a motion to dismiss, that a sexual assault during an obstetric medical exam violates the Eighth Amendment. Baylor Women's Correctional Facility prisoner Shalnessa Goode sued, under 42 U.S.C. § 1983, Correctional Medical Services (CMS) …
Article • January 15, 2003 • from PLN January, 2003
Excessive Force and Delaying Medical Treatment Defeats Dismissal by A federal district court in Rhode Island has denied a prison guard's Motion to Dismiss a prisoner's claim that the guard intentionally slammed a cell door on the prisoner's fingers, and waited over an hour to get the prisoner medical treatment. …
Article • January 15, 2003 • from PLN January, 2003
Filed under: Medical, Diabetes, Amputations
Diabetic's Amputation Suit Set for Trial by A federal district court in Illinois has held a diabetic detainee's claim of deprivation of medical treatment is sufficient to deny the doctor's motion for summary judgment. Cook County Jail pre-trial detainee Andrew Spencer filed a 42 U.S. C. §1983 action alleging on …
Washington Prison Health Care Substandard by Angela Galloway When Leland Workman's heart faltered while he was imprisoned at McNeil Island Correction Center, the nurses couldn't find the IV equipment needed to ease his chest and arm pain. They couldn't find standing orders for managing emergencies when there's no doctor on …
Florida Prisoner Sues for Contracting HIV by David Reutter by David M. Reutter Florida prisoner Richard James Randles filed simultaneous state and federal lawsuits alleging guard B.D. Hester ordered him, on three separate occasions, to clean up blood from other prisoners who had accidentally wounded themselves or attempted suicide at …
Article • December 15, 2002 • from PLN December, 2002
Failure to Treat Ruptured Tendon; Qualified Immunity Denied by A federal district court in New York has denied prison officials' motion to dismiss a prisoner's complaint alleging denial of medical treatment of his ruptured Achilles tendon. While playing basketball on May 3, 1997 at Sing-Sing Correctional Facility, prisoner Saufuddin Abdul-Samad …
Article • December 15, 2002 • from PLN December, 2002
Fatal Overdoses: Drugs and Death in Prison by On April 27, 1997, at Ohio's Trumbull Correctional Institution, Daniel Ray Williams died by lethal injection. Williams, then 37, was not on death row; the lethal injection was a self-administered dose of heroin. Robert Baksi, a Trumbull prisoner who reportedly had a …
Prisoner's Medical Information Privacy Right Established in Third Circuit by by Matthew T. Clarke The Court of Appeals for the Third Circuit has established that prisoners have a right to privacy in their medical information albeit not to the same extent as a free citizen. However, the Third Circuit dismissed …
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