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Ohio ACLU Challenges Supermax by The ACLU has filed a class-action suit in federal court in Cleveland, Ohio, under 42 U.S.C. § 1983 challenging the conditions of confinement at Ohio's supermax prison in Youngstown. The lawsuit alleges that conditions at Ohio State Penitentiary (OSP) constitute cruel and unusual punishment, violating …
Sanction Excessive When It Excludes Medical Expert's Testimony by The Court of Appeals for the Seventh Circuit has held that a discovery sanction is excessive when it causes the dismissal of a prisoner's suit by excluding expert medical testimony. The Court also held that dismissing a claim for failure to …
Article • October 15, 2001 • from PLN October, 2001
Administrative Exhaustion Not Jurisdictional by John E Dannenberg The Eighth Circuit Court of Appeals held that under the Prison Litigation Reform Act of 1996 (PLRA), a federal court is not deprived of jurisdiction to hear a prisoner's civil rights complaint under 42 U.S.C. § 1983 if he has not first …
No Interlocutory Appeal for Good Faith Defense by The Court of Appeals for the Seventh Circuit held that the requirements of the Prison Litigation Reform Act (PLRA) do not apply to properly characterized habeas corpus petitions under 18 U.S.C. §§ 2241, 2254, or 2255, finding that those actions are not …
PAMII Act Requires Release of Mental Health Records by A federal district court in Louisiana has held that federal law requires prison officials to release a prisoner's mental health records for investigation of claims of mistreatment. Prisoner William Ford sent a letter to the Advocacy Center complaining that he has …
Article • September 15, 2001 • from PLN September, 2001
Oklahoma Governor Takes Entrepreneur's Bribe by Oklahoma officials are investigating the propriety of $240,000 in cash gifts given to that State's governor, Frank Keating. Jack Dreyfus, an entrepreneur who hopes to convince Oklahoma prison officials to use Dilantin (a seizure medication) to control violent prisoners, made the gifts. After receiving …
Article • September 15, 2001 • from PLN September, 2001
Former BOP Prisoner Settles Medical Suit for $355,000 by Lonnie Burton The federal government wrote Terry Dean Scearce a check for $355,000 in November, 2000, to settle his claim that he suffered a stroke in 1998 because prison officials did not give him the medicine prescribed to treat his high …
Brief • August 27, 2001
Filed under: Medical
Wood v. US, FL, Complaint, Deficient Medical Care, 2001
Brief • August 24, 2001
Filed under: Medical, Failure to Treat
Reynolds El v. Williams, DC, Release, Medical Neglect 2001 24 AUG 2001 Memorandum • Government of the District of Columbia ,RELEASE KNOW ALL MEN BY THESE PRESENTS, That I, Keith Reynolds El, residing at the Central Detention Facility 1901 D Street. S.E., Washington, D.C. 20001, with the DCDC Number 186-728, …
DC Prisoner Wins $175,000 in Conditions Case by David C Fathi by David C. Fathi On January 25, 2001, a federal jury in Washington, D.C. awarded nearly $175,000 to D.C. prisoner Lawrence Caldwell in his challenge to conditions at the District of Columbia's Maximum Security Facility (MSF) in Lorton, Virginia. …
Article • August 15, 2001 • from PLN August, 2001
Court Awards $146,000 in Arizona Medical Indifference Case by Lonnie Burton An Arizona prisoner was awarded over $146,000 in damages in January 2000 after he filed suit claiming that an Arizona prison nurse's care amounted to deliberate indifference. Manuel Covarrubias, 46, was a prisoner at the state prison at Douglas, …
Brutality Behind the Orange Curtain by Willie Wisely by W. Wisely The FBI began its second civil rights investigation of the Orange County, California, sheriff's department following the beating of a diabetic prisoner asking for food to lower his blood sugar. Michael Gennaco, head of the civil rights division of …
Private Prison Corporation Can Be Sued in Bivens Action: Supreme Court Grants Review by John E Dannenberg by John E. Dannenberg Holding that a private corporation acting under color of federal authority may be sued under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 US 388, …
Article • August 15, 2001 • from PLN August, 2001
Filed under: Medical, Kidney, Transplants
BOP Changes Organ Transplant Policy by Robert Durkee The Federal Bureau of Prisons announced in early 2001, that it had decided to pay for organ transplants in some circumstances modifying its longstanding position of refusing to provide organ transplants for prisoners. Officials made the decision because, for disorders such as …
Plata v. Davis, CA, Amended Complaint, Medical Neglect, 2001 1 2 3 4 5 6 7 8 9 10 11 PRISON LAW OFFICE DONALD SPECTER #83925 STEVEN FAMA #99641 SARA NORMAN#189536 General Delivery San Quentin, CA 94964 Telephone: (415) 457-9144 Facsimile: (415) 457-9151 McCUTCHEN, DOYLE, BROWN & ENERSEN WARREN E. …
BOP Medical Personnel Absolutely Immune from Suit by The Second Circuit Court of Appeals held that medical personnel employed by the Bureau of Prisons (BOP) are absolutely immune from suit. Prisoner John Andrew Cuoco, a preoperative male to female transsexual, filed an action against various officials at the BOP facility …
Preliminary Injunction Granted in TB Hold Case by A federal district court in New York granted a Rastafarian prisoner's motion for a preliminary injunction in an action challenging a prison policy compelling his placement into restrictive confinement for one year for refusal on religious grounds to submit to a tuberculosis …
Summary Judgment for Private Physician Reversed by The Ninth Circuit Court of Appeals reversed a district court's grant of summary judgment to a private physician under contract with the county, holding that contract services provided to the county constituted state action. The court also held that qualified immunity was categorically …
Class Action Medical Neglect Suit Filed Against CDC by Alleging that the California Department of Corrections (CDC) violates the Eighth Amendment protection against cruel and unusual punishment by providing seriously inadequate medical care to state prisoners, the Prison Law Office and the law firms Pillsbury Winthrop and McCutchen Doyle Brown …
Wyoming Prison Officials Settle Poisoning and Medical Suits for over $200,000 by Wyoming Prison Officials Settle Poisoning And Medical Suits for over $200,000 In August 2000, Wyoming officials agreed to settle two consolidated cases for $200,000 in damages, costs, and attorney fees. The cases were filed in a Wyoming federal …
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