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Article • May 15, 2000 • from PLN May, 2000
Comatose Prisoners Expose the Limits of Mercy by Gary Hunter In Texas and California the hard line against crime has crashed against the bottom line of deficient state budgets. Short money and long sentences have politicians from both states purporting to search frantically for fiscal solutions. Texas legislators have proposed …
Article • May 15, 2000 • from PLN May, 2000
Filed under: Medical, Hepatitis
Colorado Denies Hepatitis C Treatment as Too Expensive by Bob Williams While much attention has been paid lately to denying AIDS/HIV treatment as being too expensive for prisoners, little focus has been aimed at those restricting or denying treatment for prisoner's infected with the hepatitis C virus. Hepatitis is spreading …
Article • May 15, 2000 • from PLN May, 2000
Denial of Medication Precludes Summary Judgment by The U.S. district court for the southern district of Ohio held that a genuine issue of material fact precluded summary judgement against an arrestee who was denied needed AIDS medication during his eight-day jail incarceration. Devin Karl Murphy brought a 42 U.S.C. § …
Transsexual Prisoners Have Privacy Right by The U.S. court of appeals for the Second Circuit held that transsexual and HIV+ prisoners have a privacy right to confidentiality of their prison medical records and physical conditions. However, because this principle was not clearly established law, the defendants were entitled to qualified …
FDOC Hazardous to Prisoners' Health by Mark Sherwood by Mark Sherwood and Bob Posey Thirty percent of the 129 doctors who provide medical care to prisoners incarcerated in the Florida Department of Corrections (FDOC) have marks on their records ranging from malpractice to fraud. The FDOC rarely fires or disciplines …
Article • May 15, 2000 • from PLN May, 2000
$600,000 In GA Medical Neglect Suit by On February 27, 1999, a Baldwin county superior court jury in Georgia awarded prisoner Stephanie Stitt $600,000 in damages in a medical neglect suit against Correctional Medical Systems (CMS). Stitt fell and injured her back while playing volleyball at the Baldwin State Prison. …
Retaliation, Publication Ban and Lack of Dental Care States Claim by The court of appeals for the Eighth circuit held that a prisoner's complaint that he was retaliated against for using the prison grievance system, denied access to all publications and denied dental care, stated a claim. Missouri prisoner Percy …
Article • May 15, 2000 • from PLN May, 2000
Oregon Contraband Conviction Reversed by The Oregon Court of Appeals reversed a prisoner's conviction for supplying contraband, finding that there was insufficient evidence to sustain the conviction. Jose Hernandez, a prisoner at the Umatilla County jail, was found in possession of a powdery substance which was later determined to be …
Article • May 15, 2000 • from PLN May, 2000
Exceeding Doctor's Work Limit Order Actionable Under Eighth Amendment by John E Dannenberg Exceeding Doctor's Work Limit Order Actionable Under Eighth Amendment by John E. Dannenberg The Fifth Circuit U.S. Court of Appeals held that prison officials' forcing of a prisoner to work in excess of a four hour doctor-established …
Federal Tort Claims Act Suit Limitation Construed in Medical Suit by Affirming the U.S. District Court for the Central District of Illinois, the U.S. Seventh Circuit Court of Appeals held that the United States was entitled to summary judgment under the Federal Tort Claims Act (FTCA) in a prisoner's medical …
Article • May 15, 2000 • from PLN May, 2000
Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion by Dismissal Without Notice for Untimely Service of § 1983 Complaint Is Abuse of Discretion When the United States District Court (SD NY) dismissed a prisoner's 42 U.S.C. § 1983 complaint for his failure to serve …
Article • May 15, 2000 • from PLN May, 2000
Chief Medical Officer Liable On Medical Policy Decisions by John E Dannenberg Chief Medical Officer Liable On Medical Policy Decisions by John E. Dannenberg The Second Circuit US Court of Ap-peals held that a prisoner's complaint regarding a painful chronic medical complication that developed at the site of a knife …
Article • April 15, 2000 • from PLN April, 2000
Prison Must Provide Medication Supply to Released Prisoners by by Matthew T. Clarke The Ninth Circuit has held that prison officials must provide a supply of medications to prisoners requiring medication when they are released from prison. Timothy Wakefield, a California state prisoner who requires psychotropic medication to control his …
Article • April 15, 2000 • from PLN April, 2000
HIV+ Prisoners Not Qualified For Rehabilitation Act Benefits by James Quigley The U.S. court of appeals for the Eleventh Circuit, sitting en banc, held that because prisoners infected with Human Immunodeficiency Virus (HIV+) pose a "significant risk" of transmission to uninfected prisoners, they are not "otherwise qualified," as required under …
NY Prisoner Worker Awarded $90,000 in Accident by In 1995 William Terry was a prisoner at the Lyon Mountain Correctional Facility where he worked as a hay shredding machine operator on the prison dairy farm. While operating the shredding machine without safety shields, Terry's glove became caught in the machine …
Article • April 15, 2000 • from PLN April, 2000
Denial Of Food and Medicine Supports Eighth Amendment Claim by Ronald Young The court of appeals for the Seventh circuit held that a prisoner's medical condition was sufficiently serious to support an Eighth Amendment claim, and material fact issues existed as to whether officials acted with deliberate indifference toward the …
Article • April 15, 2000 • from PLN April, 2000
Notes from the Unrepenitentiary by Marilyn Buck Thinking About Dying and Living at the End of the 2nd Western World Millennium by Marilyn Buck Because I'm a Federal prisoner in California, I hear more about what goes on in California state prisons than in other states. Fortunately there exists a …
Seventh Circuit Prisoners Must Exhaust Futile Grievance Remedies by In two separate rulings, the Seventh Circuit Court of Appeals has held that prisoners must exhaust administrative remedies before filing suit, regardless of the relief sought and no matter how ineffectual the prison grievance system may be. Eduardo Perez, a Wisconsin …
Youngstown Case Reveals New Legal Issues for Prisoner Advocates, State Correctional Agencies and Private Prison Companies by Al Gerhardstein As the number of prisoners in private lock-ups continue to increase, lawsuits filed by them, not unexpectedly, are also on the rise. While that is no surprise to corrections professionals and …
Michigan Legislature Kills Class Action Suit by Female Prisoners by Maia Justine Storm In March, 1996, seven women pris- oners filed suit in the Washtenaw County Circuit Court against the Michigan Department of Corrections, Director Kenneth McGinnis, and ten individual wardens and officers. (96-6986 CZ) The complaint alleged that the …
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