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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 …
Article • December 15, 2002 • from PLN December, 2002
Alaska Prison Design Case Settles for $1 Million by In August, 2001, the state of Alaska settled a lawsuit involving faulty prison design which resulted in serious injury to a prisoner for $1,000,000. In February, 1994, Carry Johnson was returning to his cell at the Ketchikan Correctional Center in Alaska. …
Medical Care Still Deficient in Texas Prisons by Gary Hunter Deficient medical care at the unit level has Texas prisons incubating a new, more virulent strain of HIV. Dr. William Obrien is one of the most noted doctors on staff with the University of Texas Medical Branch. (UTMB) Over a …
Article • December 15, 2002 • from PLN December, 2002
Louisiana Sheriff Pays $1.35 Million Settlement in Death of Diabetic Prisoner by On January 6, 2002, Orleans Parish criminal sheriff Charles Foti agreed to pay $1.35 million to settle a lawsuit filed by the family of a diabetic female prisoner who died at the parish prison in April 1999. JoAnn …
Brief • December 6, 2002
Filed under: Medical
Brash v. Wexford Health Services, FL, Motion for Pi HCV Treatment, 2002 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. ALLEN BRASH, ) ) Plaintiff, ) ) v. ) ) WEXFORD HEALTH SOURCES, INC., ) a Florida corporation, DAVID ) ROWE, and MICHAEL MOORE, in ) his official …
$1 Damages and $1.50 Attorney Fees in Guard Brutality Suit by John E Dannenberg by John E. Dannenberg The Eighth Circuit US Court of Appeals affirmed the award of $1 nominal damages for guard brutality in violation of the Eighth Amendment and limited the prevailing prisoner plaintiff's attorney fees to …
District Court Sets Prisoner's "Deliberate Indifference" Hepatitis C Claims for Trial by A Connecticut Federal District Court has ordered that a state prisoner's Eighth Amendment claims arising from Connecticut Department of Corrections (CDOC) officials' deliberate indifference of his severe medical conditions be severed and that some of the claims proceed …
Prison Guards Can Be Liable for Prisoner Suicide by The Seventh Circuit Court of Appeals has reversed and remanded the dismissal of a 42 U.S.C. §1983 suit against Wisconsin prison officials. In so ruling, the court held that prison guards can be held liable under Eighth Amendment "deliberate indifference" claims …
Article • November 15, 2002 • from PLN November, 2002
Administrative Exhaustion Required But Unprejudiced; Dismissal and Equitable Tolling by Gary Hunter The 5th Circuit court of appeals, in accord with a recent U.S. Supreme Court decision, held that administrative exhaustion is required in all prisoner cases, regardless of the relief sought. It held that cases pending at the time …
Brief • October 17, 2002
Rodgers v. District of Columbia, DC, Complaint, Medical Neglect, 2002 .. ... ORIGl~JAL SUPERIOR COURT OF THE DISTRICT OF COLUMBIA ) ) ) ANDREW RODGERS #07967-007 FMC Devens P.O. Box 879 Ayer, MA 01432 ) Plaintiff v. DISTRICT OF COLUMBIA A Municipal Corporation Serve: Darlene Fields or Janice Stokes Authorized …
Florida Prisoner Dies in CCA Jail by Lonnie Burton On February 26, 2002, the family of a prisoner who died as a result of medical neglect at the privately-run Bay County jail in Florida filed formal notice that they intend to sue the jail, as well as the Bay Medical …
Article • October 15, 2002 • from PLN October, 2002
Sixth Circuit Upholds Denial of Prison Doctor's Qualified Immunity by The Sixth Circuit Court of Appeals has upheld denial of qualified immunity to a state prison doctor by the Federal District Court in Michigan. Richard LeMarbe is a Michigan state prisoner. In 1996, he was treated for chronic gallbladder problems …
Article • October 15, 2002 • from PLN October, 2002
CMS Overdoses Five Boston Jail Prisoners by Five prisoners at Boston's Suffolk County jail in Massachusetts were rushed to a nearby hospital after receiving the wrong medication. Jail guards found the five prisoners unconscious on the morning of September 23, 2001, after other prisoners alerted the guards by raising a …
Brief • September 25, 2002
Filed under: Failure to Treat
Foree v. Broward County, FL, Expert Report, Indifference Pregnancy, 2002 Case 0:02-cv-61356-KAM Document 1 Entered on FLSD Docket 09/25/2002 Page 32 of 39 KENNETH KASSIN, M.D. 1600 S. Federal Highway, Suite 611 Pompano Beach, FL. 33062 (954) 941-8100 April 15, 2002 Jemey Nodan Counhouse Tower, Suite 400 44 West Flagler …
Brief • September 25, 2002
Foree v. Broward County Sheriff's Office, FL, Petition for Removal, Deliberate Indifference Pregnancy, 2002 Case 0:02-cv-61356-KAM Document 1 Entered on FLSD Docket 09/25/2002 Page 37 of 39 IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA CIVIL DIVISION CASE NO.: 02016927 CACE 05 CHARLEEN …
Article • September 15, 2002 • from PLN September, 2002
Filed under: Medical, HIV/AIDS
From the Editor by Willie Wisely by Paul Wright Over the years, PLN has conducted a number of sample mailings to potential subscribers. This has always been a good way to expand our circulation, but such mailings are expensive to do. We have long recognized that our best outreach resource …
Article • September 15, 2002 • from PLN September, 2002
California Prisoner Gets New Heart by Gary Hunter In early January 2002, an unidentified California prisoner received a heart transplant at the Stanford Medical Center. It was the first time any state prisoner has received an organ transplant; and it is not without controversy. Inflated prison populations, longer prison sentences, …
CYA Suit Alleges Abuse of Juveniles by Anne Mania The California Youth Authority (CYA) houses 6,000 juvenile offenders and was once considered a model for juvenile justice in this country. However, after decades of declining funding and worsening conditions, the California Youth Authority has deteriorated to where severely mentally ill …
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