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Whistle-blowing Doctor Shakes Up Nebraska DOC by Dan Pens I have a story to tell--about how a doctor can be used to kill patients. I will talk to anybody you want me to. I spent twelve years of my life, and these people push me around and turn me into …
Pregnant OH Prisoner Obtains Abortion by A U.S. District Court enjoined the director of an Ohio prison from denying a pregnant jail prisoner access to abortion services. Jane Doe, a pseudonymous female prisoner at River City Correctional Center in Cincinnati, was approximately 6 weeks pregnant when she was incarcerated on …
FTCA Claims May Be Brought Only Against U.S. by A federal district court in North Carolina held that Federal Tort Claims Act (FTCA) claims could be brought against the United States, but not against the Federal Bureau of Prisons (BOP), a correctional institution, or the institution's medical staff. The court …
Article • November 15, 2000 • from PLN November, 2000
Administrative Remedies Exhaustion Tolls LA Statute of Limitations by Ronald Young By Ronald Young The court of appeals for the Fifth circuit held that state administrative proceedings a prisoner was required to exhaust tolled Louisiana's one-year prescriptive period for filing a civil rights claim. The court also held that the …
Article • November 15, 2000 • from PLN November, 2000
From the Editor by Paul Wright By Paul Wright PLN recently gained the ability to process credit card orders for books, subscriptions, and donations. PLN's office phone number is on page two of every issue for those who wish to subscribe, renew their subscriptions, purchase books or just make a …
Washington Radiation Suit Settled for $2.4 Million by Hans Sherrer By Hans Sherrer On March 14, 2000, a classaction lawsuit by Washington State prisoners who participated in radiation experiments from 1963 to 1971 was settled for $2.4 million. Sixty-four prisoners at the Washington State Penitentiary at Walla Walla were involved …
Irradiation Limitation Remains Unsettled by James Quigley By James Quigley The U.S. court of appeals for the Ninth Circuit held that factual issues, as to when a former prisoner was, or should have been, aware of his injuries from radiation experiments, precluded summary judgment on statute of limitation grounds. The …
Dismissal of Medical Claim Reversed After Prisoner's Death by The Court of Appeals for the Tenth Circuit held that a district court erred when it dismissed a lawsuit, filed by the estate of a Wyoming prisoner, that claimed prison officials showed a deliberate indifference to his medical needs relating to …
Article • November 15, 2000 • from PLN November, 2000
Disabled Prisoner Survives Summary Judgment by A federal district court in Kansas held that jail officials were not entitled to qualified immunity with respect to their treatment of a double amputee prisoner, and denied defendant's motion for summary judgment on all claims. Tracy Schmidt, without both legs below the knees, …
$100,000 Settlement in TX Restraint Chair/Pepper Spray Death by On February 22, 2000, Tarrant County, Texas agreed to pay a $100,000 settlement to the estate of James Livingston, 30, to settle a wrongful death suit. On July 6, 1999, Livingston was arrested on a trespassing warrant. He was allegedly abusive …
OK Private Prison Fined $168,750 by On March 5,2000, the Oklahoma Department of Corrections (DOC) fined the Great Plains Correctional Facility (GPCF) in Hinton, Oklahoma, $168,750 for failing to provide adequate medical care to the 812 Oklahoma prisoners housed in the prison. GPCF is owned by the Hinton Economic Development …
HIV+ Detainee States Conditions Claim by A federal district court in Indiana held that an HIV positive detainee was entitled to a trial to resolve his claims over inhumane conditions of confinement and discrimination due to his HIV status. Edward Roop was arrested on a warrant after arguing with a …
No Administrative Exhaustion Required When AG Won't Give Hearing by Paul Wright By Paul Wright A federal district court in New York held that a medical indifference claim required administrative exhaustion under the Prison Litigation Reform Act (PLRA) even though money damages were not available as a remedy in the …
Family Wins $12.9 Million Award in Michigan Jail Death Suit by Ronald Young By Ronald Young Eddie B. Swans Sr., the personal representative of the estate of Edward Swans, brought a 42 U.S.C. § 1983 civil rights action against the City of Lansing, Michigan. The Chief of Police Jerome Boles, …
Brief • September 23, 2000
Filed under: Hepatitis, Failure to Treat
Sheptin v. US, IL, Complaint, BOP Hepatitis C Medical Suit, 2000
Change in Fulton County, GA: Indigent Defense, HIV, and Community Organizing by Lisa Zahren The Fulton County Jail in Atlanta is the largest jail in Georgia, with approximately 3,000 prisoners held there for months and sometimes years waiting for their cases to be resolved or to be transferred to a …
Article • September 15, 2000 • from PLN September, 2000
Prison Physician Liable for Refusal of Care by Ronald Young Prison Physician Liable For Refusal of Care The Seventh Circuit Court of Appeals held that a federal prisoner's Biven's claim did not state a medical care claim against a prison guard who failed to have the prisoner checked out after …
Article • August 15, 2000 • from PLN August, 2000
$2 Million Awarded in IL Medical Neglect Suit by On February 2, 2000, a federal jury in Illinois awarded $2 million in damages to a prisoner blinded through medical neglect by prison officials. The damage award is believed to be the highest in a prisoner civil rights case in Illinois. …
$1.75 Million in Oregon Excessive Force Jail Settlement by On March 29, 2000, the Klamath County Jail in Medford, Oregon, paid $1.75 million to settle an excessive force lawsuit filed by a former jail detainee. In 1997 Dana Lecomte was in the Klamath county jail on charges of driving with …
Article • August 15, 2000 • from PLN August, 2000
BOP Settles Medical Death Suit for $700,000 by In February, 1999, the federal Bu reau of Prisons settled a medical neglect suit for $700,000. David Deen, a BOP prisoner, was 30 years old and confined at the U.S. Penitentiary in Atlanta, Georgia for five months. He was prescribed nitroglycerin for …
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