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Denial of HIV Medication Subjects Medical Contractor to Liability by Afederal district court in Maine held that a former pretrial detainee had stated a claim when a jail's medical contractor denied him his HIV medication for three days. David McNally was arrested and booked into the Cumberland County jail in …
Denial of Handicapped Jail Facilities Set for Trial by The court of appeals for the Ninth circuit held that a handicapped detainee was entitled to a trial to prove jail conditions were unconstitutional in light of his disability. On remand, the lower court was instructed to consider whether the plaintiff …
Article • April 15, 1999 • from PLN April, 1999
$355,000 Verdict in New York Asthma Death by On November 23, 1998, New York court of claims judge Nicholas Midley Jr. awarded the family of Peter Farace $350,000 in damages for Farace's death and $50,000 in interest. Farace, 25, died of an asthma attack on February 9, 1986 at the …
Abuse of Discretion to Dismiss Medical Suit by The Seventh Circuit court of appeals has held that a district court abused its discretion when, on technical procedural grounds, it refused to grant a prisoner leave to amend his suit adding the full names of defendants and dismissed the suit. Ralphfield …
Article • November 15, 1998 • from PLN November, 1998
Texas Prisoners Bake to Death by Alex Friedmann More than one hundred people have died during a searing heat wave in Texas this past summer, including at least three prisoners. Dozens of convicts have been treated for heat-related health problems. "I've been with the system 13 years and this has …
Private Health Care Providers Denied Qualified Immunity by Afederal district court in Alabama held that private party doctors and health care providers are not entitled to qualified immunity when sued by prisoners for Eight Amendment violations. The court further held that the existence of an on-going class action involving similar …
Right to Psychiatric Care Clearly Established by The court of appeals for the sixth circuit held that prisoners' right to psychiatric care was clearly established and prison psychiatrists who failed to properly treat a suicidal prisoner were not entitled to qualified immunity from money damages. Anthony Wade was a mentally …
Involuntary Medical Experiments Violate Due Process by The court of appeals for the ninth circuit held that doctors who administer drugs without a patient's consent for research purposes violate the right to substantive due process. The court also held that fact questions existed which precluded summary judgment. Charles Johnson was …
Article • May 15, 1998 • from PLN May, 1998
Denial of Counsel Reversed by The court of appeals for the third circuit held that a district court abused its discretion in refusing to appoint counsel to an indigent pro se prisoner litigant. Paul Parham, a Pennsylvania state prisoner, filed suit after receiving inadequate medical treatment for tinnitus (ringing in …
Managed Care Infects Prison Health Services by by Adrian Lomax In September, 1996, Melody Bird complained to guards at Florida's Pinellas County Jail that she was experiencing severe chest pains and having trouble breathing. Nurses at the jail, finding no discernible blood pressure, concluded that Bird was suffering a heart …
Article • June 15, 1997 • from PLN June, 1997
Pro Se Litigant Entitled to Defendant's Identity by The court of appeals for the seventh circuit held that a pro se litigant is entitled to court appointed counsel in order to discover the identity of defendants and the statute of limitations was subject to equitable tolling while discovery took place. …
Article • June 15, 1997 • from PLN June, 1997
BOP Owes Duty of Care to Prisoners by The court of appeals for the third circuit held that the Bureau of Prisons (BOP) owes federal prisoners a duty of care and that a district court erred in ruling otherwise. Rother Jones is a federal prisoner who filed a negligence suit …
Seventh Circuit Questions ADA Applicability to Prisons by The court of appeals for the seventh circuit issued its first ruling on the applicability of the Americans with Disabilities Act (ADA) to prisoners. In doing so it held that claims of incompetent medical treatment are not cognizable under the ADA. It …
Article • April 15, 1997 • from PLN April, 1997
Filed under: Medication, Mental Health
Drug Sales Boom in Wisconsin Prisons by One of every eight adult and juveniles in Wisconsin's prisons or reform schools are receiving psychotropic drugs for a mental disorder. According to Sharon Zunker, director of Wisconsin's Department of Corrections Bureau of Health Services, the cost of psychotropic drug treatment has grown …
Complaint Need Not List Capacity Defendants Sued In by The court of appeals for the fourth circuit has held that plaintiffs suing under 42 U.S.C. § 1983 need not specifically plead in their complaint that the state officials are being sued in the individual rather than their official capacities. Instead, …
CDC Mental Health System Ruled Deficient by California's prison system (CDC) was cited by a federal judge for "gross inadequacies" in the delivery of mental health care services to prisoners. On September 13, 1995, U.S. district judge Lawrence Karlton put the bite on the CDC, issuing an 82 page court …
Ohio Mental Health Decree Entered by A far reaching consent decree governing the delivery of mental health care to Ohio prisoners was entered on 10 July 1995. The consent decree resulted from a §1983 suit filed in 1993 and certified as a class action on June 7, 1995. The prisoner …
Charging for Medication May Violate Eighth Amendment by A federal district court in Indiana has held that requiring prisoners to pay for medication when they are able to does not violate the eighth amendment. However, prison officials' refusal to provide over the counter medication to indigent prisoners with serious medical …
Article • July 15, 1995 • from PLN July, 1995
Private Physician Subject to Section 1983 Liability by Private physicians who show deliberate indifference to prisoners serious medical needs may be sued under 42 U.S.C. § 1983 even though they are not prison employees. With the increased trend of prison systems contracting out prisoner medical care this fourth circuit decision …
Settlements and Jury Awards by NJ: Former Bayside State prison, NJ, doctor John Napoleon, will have to pay six prisoners $80,000 to settle an eighth amendment medical neglect suit against him. The prisoner plaintiffs, all incarcerated in NJ state or county prisons, claimed that Napoleon deliberately failed to treat them …
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