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Frozen Toes State a Claim for Deliberate Indifference by A U.S. District Court in Minnesota handed down a mixed ruling on defendants' motion for summary judgment on a federal prisoner's claim of deliberate indifference to his serious medical needs. On January 25, 1996, after walking for 23 hours in freezing …
California Legislative Committee Hearing Meets Behind Prison Walls To Hear Testimony From Female Prisoners by Silja JA Talvi by Silja J.A. Talvi It was anything but an ordinary California legislative hearing. On Wednesday, October 11,2000, behind the barbedwire grounds and multiple security checkpoints of Chowchilla's Valley State Prison for Women …
TRO Allows Father to Attend Birth; Court Awards Full Attorney Fees by A U.S. District Court in Ohio awarded attorneys' fees and court costs to a state prisoner and her husband who sought and were granted a Temporary Restraining Order (TRO) allowing the husband to attend the birth of their …
Article • March 15, 2001 • from PLN March, 2001
BOP Organ Transplant Ban Questioned by The court of appeals for the Eighth circuit dismissed, without prejudice, a habeas corpus petition filed by Kenneth Barron, a federal prisoner, claiming his longterm survival was at risk because the Bureau of Prisons (BOP) refuses to provide him with a kidney transplant. Instead, …
Jail Term for DUI Turns into Death Sentence by On July 11, 2000, Rodney "Rocky" Eickstadt began serving a 175day jail term at the Franklin County (Ohio) Jail for drunken driving. Ten weeks later he was dead _ from complications related to untreated diabetes. Eickstadt didn't know he was diabetic …
Lorton Conditions Unconstitutional by A federal district court for the District of Columbia held that a prisoner stated claims for an assortment of constitutional injuries and a violation of the Lorton Act. The defendants' motion to dismiss the complaint or, in the alternative, for summary judgment was denied in part. …
Article • March 15, 2001 • from PLN March, 2001
"The Judge Gave Me Ten Years--He Didn't Sentence Me to Death" by Anne-Marie Cusac "The Judge Gave Me Ten Years--He Didn't Sentence Me to Death" Prisoners with HIV deprived of proper care By Anne-Marie Cusac In prisons and jails across the country, prisoners with HIV or AIDS are denied proper …
Bag'm, Tag'm and Bury'm; Wisconsin Prisoners Dying for Health Care by Dan Pens [The Milwaukee Journal Sentinel (www.jsonline.com) published an investigative series titled: "Wisconsin's Death Penalty," by Mary Zahn and Jessica McBride, October 22-24, 2000. Wisconsin doesn't have capital punishment, but the Journal Sentinel revealed the routine "execution" of state …
Article • February 15, 2001 • from PLN February, 2001
$330,000 Verdict in MI Beating by On October 8, 1999, a federal jury deliberated four hours before returning a $330,000 verdict in favor of Richard Johnson. Johnson, a Michigan state prisoner, had been imprisoned at the Ionia Correctional Facility. While being moved to a different cell, Johnson was shoved from …
$4,500 Verdict in NY Hernia Suit by On November 16, 1999, the New York court of claims awarded New York state prisoner Justo Lopez $4,500 for a hernia he developed while assigned to do work beyond his physical capacity. Prior to his incarceration Lopez had been shot several times, as …
Article • February 15, 2001 • from PLN February, 2001
CA Medical Lab Faked Prison Tests by Marvin Mentor A scandal has unfolded wherein a contract medical laboratory faked critical test results of at least 4000 state prisoners in 11 California prisons between 1995 and 1996. Moreover, a search of prisoners' medical records uncovered at least 650 cases, where, as …
Article • February 15, 2001 • from PLN February, 2001
Yeskey Dismissed on Remand by In the September, 1998 issue of PLN we reported Pennsylvania DOC v. Yeskey, 118 S.Ct. 1952 (1998) in which the United States supreme court held that prisons and jails are included in the coverage of the Americans with Disabilities Act, (ADA) 42 UJ.S.C. S 12131-12165. …
Mentally Ill Prisoners in the New Jersey Prison System by Julia Lutsky Two hundred prisoners filed a class action suit against the New Jersey Department of Corrections (NJDOC) in 1996. A court order issued as a result of that suit mandated an investigation to "assess the mental health services in …
Louisiana Abandons Private Juvenile Prisons by The state of Louisiana agreed to a settlement in federal court September 7, 2000 designed to radically alter the way it operates its juvenile prisons. The agreement was intended to settle several lawsuits against the state, including one by the U.S. Dept. of Justice, …
Louisiana Abandons Private Juvenile Prisons by John E Dannenberg The state of Louisiana agreed to a settlement in federal court September 7, 2000 designed to radically alter the way it operates its juvenile prisons. The agreement was intended to settle several lawsuits against the state, including one by the U.S. …
Article • February 15, 2001 • from PLN February, 2001
$8,000 Awarded in NY Chair Collapse by On November 24, 1999, the New York court of claims awarded $8,000 in damages to New York prisoner Troy Benjamin. In 1995 while Benjamin was a prisoner at the Collins Correctional Facility, the back of the chair he was sitting in fell off, …
Article • February 15, 2001 • from PLN February, 2001
$7,500 Award in NY Window Injury by On November 8, 1999, the New York court of claims awarded $15,000 in damages to a New York state prisoner who cut his arm while opening a malfunctioning window. In 1990, Neil Henry, a prisoner at the Fishkill Correctional Facility in New York, …
Article • February 15, 2001 • from PLN February, 2001
$1.75 Million Verdict in Juvenile Death Suit by On February 9, 2000, a federal jury in Macon, Georgia held that Georgia Department of Juvenile Justice employees were liable for the death of a 15 year old female juvenile prisoner who was given Tylenol to treat a serious brain injury and …
Article • February 15, 2001 • from PLN February, 2001
Summary Judgment Reversed on Diabetes Claim by The Court of Appeals for the Eighth Circuit reversed a lower court's grant of a summary judgment in favor of a doctor and a deputy sheriff on a pre-trial detainee's §1983 claim that they were deliberately indifferent to his serious medical needs. Floyd …
$115,000 Settlement Where Guards Fed NY Prisoner Ground Glass by In September 1999, New York prison officials settled a lawsuit by prisoner Teno Gee for $115,000 in damages. Gee was the chairman of the Inmate Liaison Committee at the Great Meadow Correctional Facility in Comstock. In that capacity Gee had …
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