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Article • July 15, 2001 • from PLN July, 2001
Virginia DOC Cuts Ties with CMS by Robert Durkee Virginia DOC Cuts Ties With CMS by Robert Durkee After numerous allegations of inadequate medical care, pending prisoner lawsuits and nearly $1 million in state imposed fines, Virginia Department of Corrections decided to sever at least two of its contractual ties …
Article • July 15, 2001 • from PLN July, 2001
PLRA's Attorney Fee Cap Held Unconstitutional by John E Dannenberg by John E. Dannenberg A federal district court in Wisconsin held that the Prison Litigation Reform Act (PLRA) cap on recovery of attorney fees in successful prisoner civil rights complaints violated Fifth Amendment equal protection principles and determined that $80,000 …
CCA Medical Cost-Saving Contract Unconstitutional by A Tennessee federal district judge as found an incentives contract between the Corrections Corporation of America (CCA) and a private doctor unconstitutional and must be stopped. The contract provided for financial incentives for the physician to reduce costs, which motivated him to reduce medical …
Article • July 15, 2001 • from PLN July, 2001
Kentucky Judge Orders Hepatitis C Treatment by A federal court in Kentucky has ordered the Kentucky Department of Corrections (KDOC) to provide hepatitis C treatment to a prisoner suffering from both hepatitis C and cirrhosis of the liver. In response, the KDOC has implemented a treatment plan whereby up to …
$235,000 Awarded to CCA Prisoner in Medical Suit by On March 23, 2001, a federal jury in Memphis, Tennessee, awarded Tennessee state prisoner Charles Degan $235,000 in damages in a medical neglect suit against Corrections Corporation of America (CCA), the world's largest private, for profit, prison company. In 1998 Degan's …
New Jersey Detainees Entitled to Medical Care by A federal district court in New Jersey held that material issues of fact precluded summary judgment on a former prisoner's claim that he was denied adequate medical care. The court also rejected defendants' claim of qualified immunity. Dana Andrews, a former prisoner …
Article • July 15, 2001 • from PLN July, 2001
Filed under: Furloughs, Medical, Dental Care
Detainee Entitled to Dental Care by Detainee Entitled To Dental Care A New York federal district Court ruled the Bureau of Prisons (BOP) must provide detainee Melvin Lloyd Richards immediate dental care or release him. Richards was remanded to custody after convicted by a jury on January 17, 2000. Thereafter, …
Brief • July 10, 2001
Filed under: Medical
Mitchell v. US, MO, Complaint, Deficient Medical Care, 2001
Women Behind Bars by Silja JA Talvi It's the kind of statistic that deserves repeated mention: America's prisons and jails now hold just under two million persons, or 1 in every 142 U.S. residents. To put America's incarceration rates into perspective, it's worth bearing in mind from 1990 to 2000, …
ADA Settlement at Washington Special Commitment Center by Hank Balson By Hank Balson In December 2000, the Washington Department of Corrections (DOC) and the Washington Department of Social and Health Services (DSHS) settled a lawsuit brought by seven disabled residents of the Washington Special Commitment Center (SCC), the state's civil …
Article • June 15, 2001 • from PLN June, 2001
Harsh Hitching Post Treatment States Claim by An Alabama federal district Court ruled state prisoner Toby Fountain stated a cruel and unusual punishment claim under 42 U.S.C. 1983 for being tied to a hitching post for 9 hours. Alabama DOC authorizes the use of a "restraining bar," that is better …
Supreme Court Restricts ADA by Roger Smith The U.S. Supreme Court overruled an Eleventh Circuit Court of Appeals decision allowing disabled persons to sue State employers for money damages in federal court under Title I of the Americans With Disabilities Act (ADA). 42 U.S.C. § 12112. The 54 majority held …
$9.6 Million Awarded for Child Death in Illinois Jail by On October 19, 2000 a Cook County jury in Chicago, Illinois awarded $9.6 million to the estate of Joyce Hughes, who died from injuries she sustained after she was born in a cell in the Cook County Jail near Chicago …
Brief • 2001
Fry v. Bouchard Transportation CO., NY, Motion in Limine, Evidence of Prior Convictions, Boating Accident, 2001 Stephen Jacobson ) UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ----------------------------------------------------------X , 98 Civ. 2866 () Plaintiff, -against- Defendants. -----------------------------------------------------------X MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS’ MOTION IN LIMINE TO OVERRULE …
Brief • May 17, 2001
Filed under: Injury -- Misc.
Hartman v. Snohomish County, WA, Complaint, Personal Injury, 2001 , i'-~ ORIGINAL 1 F\LED 2 O\~\~~\l M~9:3b ;' ...- ." 3 4 5 6 SUPERIOR COURT OF WASHlNGTON FOR SNOHOMISH COUNTY 7 8 DELMERL. HARTMAN, 9 Plaintiff, No. 01 2 048471 COMPLAINT FOR PERSONAL ) INJURY 10 v. ) ) …
Eight Prisoner Deaths in California Women's Prison by Silja JA Talvi Eight Prisoner Deaths In California Women's Prison Revive Concerns About Medical Care, Availibility Of Compassionate Release by Silja J.A. Talvi The deaths of eight female prisoners within a seven-week period at a California women's prison have sparked a new …
Article • May 15, 2001 • from PLN May, 2001
Change in AIDS Medication States Claim by Change In Aids Medication States Claim A Virginia federal district court ruled prisoner Terry Lee Taylor stated a claim under 42 U.S.C. §1983 where a prison doctor order a change in Taylor's AIDS medication without notification. The new medication caused Taylor to suffer …
Article • May 15, 2001 • from PLN May, 2001
County Must Pay Prisoner's Medical Expenses by AKansas Court of Appeals found that a governmental agency is not entitled to seek reimbursement from a prisoner for the cost of medical treatment received by the prisoner while in the agency's custody. While incarcerated in the Haskell County {Kansas) jail, David Sullivan …
Texas Prisoner Raped By Wackenhut Guard Entitled To Discovery Protection by An appeals court in Texas has held that, under the Texas rape victims shield laws, Rule 412, 509(c)(1) and 510(b)(1), Texas Rules of Evidence, a prisoner who was raped by a guard and is suing Wackenhut may not be …
Texas and Florida Prisoners Used in Medical Experiments by Julia Lutsky When the AIDS epidemic struck in the mid eighties and pharmaceutical companies wished to test new and promising drugs, what better place than in the nation's prison systems? AIDS has no known cure and test subjects in the prison …
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