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Federal Legal Standards for Prison Medical Care
Article • May 15, 2003 • from PLN May, 2003
Filed under: CMS, Disabled Prisoners, Medical, Medication, Systemic Medical Neglect, Medical Expenses, Eighth Amendment, Administrative Exhaustion (PLRA), Physical Injury Rule, Supervisory Liability, Contractor Liability
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 …
Prisons Experience Outbreaks of Infectious Disease
Article • May 15, 2003 • from PLN May, 2003
Filed under: Medical, Respiratory, Contagious Disease -- Misc.
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
Article • May 15, 2003 • from PLN May, 2003
Filed under: Medical, Injury -- Misc., Vision, Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Discovery
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 …
Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim
Article • May 15, 2003 • from PLN May, 2003
Filed under: MedCenter One, Retaliation for Use of Medical Services, Hepatitis, Civil Procedure, Complaints, Contractor Liability
Eighth Circuit Reverses Dismissal of Prisoner's Hepatitis C Treatment Claim by The U.S. Eighth Circuit Court of Appeals has reversed and remanded in part a North Dakota Federal District Court's dismissal of a state prisoner's claim that he was denied treatment for hepatitis C. Dale J. Burke is a prisoner …
No Qualified Immunity Defense for Florida Beatings
Article • May 15, 2003 • from PLN May, 2003
Filed under: Guard Misconduct, Injury -- Misc., Guard Brutality/Beatings, Stun Guns/Tasers, Civil Procedure, Defenses, Qualified Immunity
No Qualified Immunity Defense for Florida Beatings by David Reutter by David M. Reutter The Eleventh Circuit Court of Appeals has held that prison guards at the Florida State Prison (FSP) who beat prisoner David. C. Skrtich are not entitled to dismissal. Two of the defendants, Timothy A. Thornton and …
$400,000 Jury Award in Illinois Ruptured Appendix Suit
Article • April 15, 2003 • from PLN April, 2003
Filed under: Medical, Appendicitis, Gastrointestinal, Damages
$400,000 Jury Award in Illinois Ruptured Appendix Suit by In April, 2002, a federal jury in East St. Louis, Illinois, awarded $400,000 in damages to former prisoner David Sherrod, finding that Illinois Department of Corrections medical staff had shown deliberate indifference to his medical needs by failing to treat a …
Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim
Article • April 15, 2003 • from PLN April, 2003
Filed under: Medication, Civil Procedure, State Law Claims, Sovereign Immunity, Medical Neglect/Malpractice
Property Use Versus Non-Use Texas Tort Claim Standard Explained in Medical Death Claim by by Matthew T. Clarke The Texas Supreme Court (TSC) has held that using pain medication to fatally mask meningitis symptoms was not a "use" of tangible state property within the meaning of the Texas Tort Claims …
Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified
Article • April 15, 2003 • from PLN April, 2003
Filed under: Retaliation for Litigating, Nervous System, Disciplinary Hearings, Legality of Rules, Retaliatory Discipline, Grooming Rules, Complaints
Idaho Free Speech Claim Reinstated, Voluntary Dismissal Clarified by The Ninth Circuit Court of Appeals held that factual issues precluded summary judgment on a prisoner's free speech claim and that dismissal with prejudice of his remaining claims was an abuse of discretion. Idaho prison regulations require prisoners to shave daily. …
California Prisons Contract-Medical-Care Audit Reveals Millions In Waste
Article • March 15, 2003 • from PLN October, 2004
Filed under: Contractor Misconduct, Medical, Private Contractors, Medical Expenses
California Prisons Contract-Medical-Care Audit Reveals Millions In Waste by Marvin Mentor At a time when the California Department of Corrections (CDC) is already under intense Legislative criticism for overspending its annual budget by $544.8 million (see: PLN, Aug. 2004, p. 41), an April, 2004 report by the California State Auditor …
Jury Awards $20,000 to Nurse Stuck by Needle from HIV Positive Prisoner
Article • March 15, 2003 • from PLN October, 2004
Filed under: Work, Workplace Injury, HIV/AIDS, Damages, Employee Litigation
Jury Awards $20,000 to Nurse Stuck by Needle from HIV Positive Prisoner by On November 26, 2003, a Massachusetts jury awarded a nurse at a medical center, which treated prisoners from a nearby Worcester County prison, $20,000 for emotional distress that resulted from being stuck by a needle from an …
$300,000 Awarded for Delayed Treatment of New York Prisoner's Hearing Loss
Article • March 15, 2003 • from PLN October, 2004
Filed under: Medical, Hearing, Damages
$300,000 Awarded for Delayed Treatment of New York Prisoner's Hearing Loss by On October 31, 2003 a New York Court of Claims awarded Fishkill Correctional Facility prisoner Darryl Dickerson $300,000 for a partial hearing loss suffered because he was not provided timely medical treatment. Dickerson claimed he heard a popping …
Report Blasts South Carolina Plan to Privatize Prison Health Care
Article • March 15, 2003 • from PLN October, 2004
Filed under: Private Prisons, CMS, Contractor Misconduct, Medical Expenses, Hepatitis
Report Blasts South Carolina Plan to Privatize Prison Health Care by Michael Rigby South Carolina's disastrous 15-year experiment with prison health care privatization should be a warning to those hardheaded state leaders who plan to do it again, according to a report sponsored by Grassroots Leadership and South Carolina Fair …
Parents of Deceased Wisconsin Boot Camp Prisoner Settle for $462,000
Article • March 15, 2003 • from PLN October, 2004
Filed under: Respiratory, Boot Camps, Wrongful Death, Medical Neglect/Malpractice
Parents of Deceased Wisconsin Boot Camp Prisoner Settle for $462,000 by The parents of a Wisconsin state prisoner who died due to exercise stress after his medical complaints were ignored settled their wrongful death suit for $462,000. The Homeslys were parents of a male 20-year-old Wisconsin state prisoner who died …
Preliminary Injunction Granted to Religious Objector of Tuberculosis Skin Test
Article • March 15, 2003 • from PLN October, 2004
Filed under: Tuberculosis, Preliminary Injunctions/TRO's, Expert Witnesses, Religious Freedom, Religion and Medicine/Public Health
Preliminary Injunction Granted to Religious Objector of Tuberculosis Skin Test by David Reutter by David M. Ruetter A New York federal district court has granted a preliminary injunction to a prisoner who objected on religious grounds, to taking a Purified Protein Derivative Test(PPD) to detect tuberculosis (TB). In a previous …
$2.5 Million Verdict in California Medical Neglect Case
Article • March 15, 2003 • from PLN March, 2003
Filed under: Medical, Skeletal Injury, Diabetes, Staffing, Damages, Americans with Disabilities Act, Rehabilitation Act
$2.5 Million Verdict in California Medical Neglect Case by Marvin Mentor On May 8, 2002, a California superior court jury awarded $2.5 million in damages for negligent medical care to a severely diabetic state prisoner, who, debilitated from insulin shock, broke his neck in a fall sustained while trying to …
Disclosure of Transsexual, HIV+ Status States Eighth Amendment Claim
Article • March 15, 2003 • from PLN March, 2003
Filed under: Medical, HIV/AIDS
Disclosure of Transsexual, HIV+ Status States Eighth Amendment Claim by On the second appeal from a trial court's rejection of a prisoner's Eighth Amendment claims, the U.S. Court of Appeals for the Second Circuit ruled in favor of the prisoner, vacated the trial court's grant of summary judgment for defendants, …
Release of Medical Liability May Establish Deliberate Indifference
Article • March 15, 2003 • from PLN March, 2003
Filed under: Medical, Injury -- Misc., Hernias, Consent to Treatment, Summary Judgment
Release of Medical Liability May Establish Deliberate Indifference by The Eighth Circuit Court of Appeals has held that a consent to surgery releasing liability may establish deliberate indifference to medical care. In 1996, David Wayne Vanderbeck (Beck), a Minnesota state prisoner, began suffering numbness and cramping caused by a bullet …
Veteran's Benefits Deposited to Prisoner Trust Account Cannot Be Attached
Article • March 15, 2003 • from PLN March, 2003
Filed under: Medical, Medical Expenses, Seizure of Prisoner Funds, Qualified Immunity, Veterans
Veteran's Benefits Deposited to Prisoner Trust Account Cannot Be Attached by The Ninth Circuit US Court of Appeals held that veterans benefit funds deposited to a state prisoner's prison trust account could not be attached by prison authorities, even to pay an overdraft they accorded him for dental appliances he …
Medical Claim Accrues on Last Date of Treatment Denial
Article • March 15, 2003 • from PLN March, 2003
Filed under: Medical, Hernias, Damages, Limitations
Medical Claim Accrues on Last Date of Treatment Denial by The Seventh Circuit Court of Appeals has held that a prisoner's medical claim accrues on the last date that he was refused treatment and damages could be claimed back to the first date of refusal. Delbert Heard was in the …
Schlitters v. Corrections Corporation of America et al, CO, Complaint, failure to treat malpractice angioedema death, 2003
Brief • March 1, 2003
Filed under: Failure to Treat, Malpractice, Medical Neglect/Malpractice
Schlitters v. Corrections Corporation of America et al, CO, Complaint, failure to treat malpractice angioedema death, 2003 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO 03-M-500 TAMARA L. SCHLITTERS, Individually and as Personal Representative of the Estate of Jeffrey A. Buller, Plaintiff, v. CORRECTIONS CORPORATION OF AMERICA; …
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