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Colorado Sovereign Immunity from Prisoner Suits Upheld; Medical Claim Remanded by The Tenth Circuit Court of Appeals has upheld a Colorado statute which excludes from waiver of state sovereign immunity those actions brought by prisoners. The Court also reversed summary judgment for a guard who delayed medical treatment for a …
PLRA Constitutional, Most of Ruiz Relief Terminated in Texas Suit by The Fifth Circuit Court of Appeals has upheld the constitutionality of the termination provisions of the PLRA, 18 U.S.C. § 3626. On remand, the district court terminated most of the relief previously ordered in the Ruiz case. This involves …
Article • February 15, 2002 • from PLN February, 2002
Second and Sixth Circuits Uphold Validity of PLRA's Taxation of Costs by Two recent appellate decisions from the Second and Sixth Federal Circuits have upheld the validity of the PLRA's taxation of costs against unsuccessful prisoner litigants, 28 U.S.C. §1915(f). The Second Circuit ruled that taxation of costs could be …
Order for Attorney Not to Contact Class Members Void by The Fifth Circuit Court of Appeals has invalidated an order by a district court for ACLU National Prison Project (NPP) lawyers not to contact class members in a suit brought by Mississippi state prisoners. The Fifth Circuit also ordered substitution …
Brief • February 13, 2002
Federick v. U.S., GA, Medical, Wrongful Death, BOP Complaint, 2002 '11.EIJ itj CI.Elll('S Offt« U.8.D C.·A""'� r1u1:;iQ0Z Wirt&A:U/r':r_. ..,... IN THE UNITED STATES DISTRICT COURTII< F'OR THE NORTHERN DISTRICT OF GEORG[A ATLA.J'ITA DIVISION JANIE FEDERICK. as Administrator of the Estate ofRonney Ruff, Deceased, TRINISHA PERRY, Individually and DEMETRIUS PERRY by …
Colorado Restraint Board Death Case Settled by Bill Trine by Bill Trine, esq. A§ 1983 civil rights lawsuit and medical/healthcare negligence lawsuit was brought by the mother of 54 year old Michael Lewis, who died on May 7, 1998, after being placed on a "restrainer board" while incarcerated as a …
Article • January 15, 2002 • from PLN January, 2002
Pennsylvania Court Upholds Part of Prisoner's Request for Public Records by A Commonwealth Court in Pennsylvania has partially upheld a state prisoner's request for medical information under the state's Right-to-Know Act. The opinion and order affirms in part, and reverses in part, the denial of information by the Pennsylvania Department …
$1.5 Million Awarded in CDC Medical Neglect Suit by $1.5 Million Awarded In CDC Medical Neglect Suit In November 2000, a jury awarded the Estate of Mark Holton and Amanda Holton a total of $1.5 million in costs and damages, as well as $279,000 in attorneys' fees, in a civil …
Article • December 15, 2001 • from PLN December, 2001
$100,000 Awarded in Arizona Medical Indifference Case by Lonnie Burton In January 2000, the Ninth Circuit Court of Appeals upheld a jury verdict awarding $100,000 to a former Arizona prisoner who was refused medical treatment while at the Maricopa County Jail. In late 1994, Daniel Hawkins was arrested and booked …
Medical Monitoring Suit Settled for $675,000 by Oregon State Prisoners' Class Action Victory A class action lawsuit by Oregon prisoners involved in radiation experiments from 1963 to 1973 and still living as of December 31, 1997, who were not treated under Oregon's Medical Monitoring Statute (MMS) was settled for $675,000 …
Article • December 15, 2001 • from PLN December, 2001
Oregon Radiation Suit Settled for $1.5 Million by On April 24, 2001, a class action lawsuit by Oregon prisoners who participated in radiation experiments from 1963 to 1973 was settled for $1,517,000 in damages, attorneys' fees, costs and expenses. Sixty_seven prisoners at the Oregon State Penitentiary participated in experiments in …
Article • December 15, 2001 • from PLN December, 2001
Denial of Treatment for Two Hours Defeats Qualified Immunity by Denial Of Treatment For Two Hours Defeats Qualified Immunity Afederal district court in Alabama has held a detainee's allegations that guards failed to take action on his complaints of chest pains for over two hours defeats qualified immunity. After being …
Brief • December 6, 2001
Karcher v. Pierce County, WA, Class Action Complaint, Failure to Protect From Tuberculosis, 2001 RECEIVED CLAIM FOR DAMAGES FORWA (i (i' UNTYRISKMANAGEMENTDEPARTMENT OEC :.. 5 2001 TO PROSECUTING ATTY. "S: SHE~iii-F" 955 Tacoma Avenu~ South, Suite 303 Tacoma, Washmgton 98402 (253) 798-7462 DEC - 62001 R~R~9..~~8~~t~T HAI\iD DELIVERED f-~ -""2"tDf:t-/ …
Brief • December 4, 2001
Wright v. WA DOC, WA, Complaint, Achilles Injury Medical Negligence, 2001 .: .--._- I STANDARD TO~T CL.AIM FORM General Uabilily f' . " Form #SF 210' '. Pu~uant' to RCW 4.92, this fonn is provided for your convenience when filing a lort claim against the State of Washington. If filing …
Article • November 15, 2001 • from PLN November, 2001
Ex-Prisoner Awarded $2.7 Million on Remand in Medical Neglect Suit by On April 20, 2001, a Denver jury awarded former Colorado prisoner Arthur Nieto, 44, damages totalling $2.7 million in a medical neglect suit against Colorado prison officials and medical staff. In 1991, while imprisoned at the Delta County Correctional …
Article • November 15, 2001 • from PLN November, 2001
Leg Amputation Caused by Improper Treatment Defeats Summary Judgment by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident that occurred on October …
Hawaii Prison Doctors Denied Qualified Immunity by AU.S. district court found that Hawaii state prison physicians were deliberately indifferent to a prisoner's medical needs and were not entitled to qualified immunity. Raymond Kenney filed suit in state court alleging denial of medication to control his seizures while he was a …
Summary Judgment Denied in Oklahoma Jail Beating by A federal district court in Oklahoma has denied summary judgment against a pretrial detainee's failure to protect and deliberate indifference to medical needs claims. On September 5, 1995, John Winton was booked into the Tulsa County Jail on shooting charges that were …
America's Jails: The Dungeons of the New Millenium by Sam Rutherford At any given time there are approximately 500,000 people incarcerated in the more than 3,500 city and county jails across the United States. Some of these individuals are confined while awaiting trial, others are serving relatively short sentences for …
Article • October 15, 2001 • from PLN October, 2001
Diabetic Prisoner's Deliberate Indifference Claim to Proceed to Trial by A federal district court in Alabama held that a diabetic pretrial detainee's medical neglect claim required a trial to resolve, overruling the defendants' motion for summary judgment. Wendi Flowers, a severe diabetic, was arrested and booked in the St. Clair …
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