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Miscarriage is Serious Medical Condition by A federal district court in Maine held that a miscarriage is a serious medical condition, but dismissed a state law medical negligence claim for failure to comply with the pre-suit screening requirements of the Maine Tort Claims Act (MTC). On June 13, 1996, Melissa …
Prison Health Services Refuses to Pay by The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, …
Article • February 15, 2000 • from PLN February, 2000
Filed under: Medical, Injury -- Misc.
Delay in Treating Injured Shoulder States Claim by A federal district court in Pennsylvania held that prison officials delaying treatment for a prisoner's dislocated shoulder states a claim under the Eighth amendment. On July 30, 1997, Daniel Petrichko, a Pennsylvania state prisoner, dislocated his shoulder when another prisoner pushed him …
Brief • February 3, 2000
Filed under: Medical
Shumate v. Wilson, CA, Order, Medical Care, 2000 Case 2:95-cv-00619-WBS-JFM Document 399 Filed 02/03/2000 Page 1 of 6 Case 2:95-cv-00619-WBS-JFM Document 399 Filed 02/03/2000 Page 2 of 6 Case 2:95-cv-00619-WBS-JFM Document 399 Filed 02/03/2000 Page 3 of 6 Case 2:95-cv-00619-WBS-JFM Document 399 Filed 02/03/2000 Page 4 of 6 Case 2:95-cv-00619-WBS-JFM …
Article • December 15, 1999 • from PLN December, 1999
Stanford University Tests Drugs on Imprisoned Juveniles by During 1997 researchers from Stanford University were allowed to conduct drug trials on 61 teenagers imprisoned at the California Youth Facility (CYA) in Stockton. According to the Associated Press, state officials have indicated that those tests may have violated a state law …
Article • December 15, 1999 • from PLN December, 1999
Virginia Juvenile Dies of Accidental Heart Attack by Dan Pens The state police were phoned and asked to send a trooper to formally charge Dandridge with assault. Meanwhile, Oak Ridge officials say, the youth was observed every five minutes through his cell door window. Nobody went into the cell to …
Arizona Can't Seize All Prison Labor Back Wages by The Arizona court of appeals held that the state of Arizona can only seize thirty percent of a successful prisoner litigants back wages award. In 1983 and 1984 Richard Ford, an Arizona state prisoner, worked for Cutter Industries, a private company …
Trial Required in ADA Suit over HIV Medication by In the July, 1999, issue of PLN we reported McNally v. Prison Health Services, 28 F. Supp.2d 671 (D ME 1999) in which the court denied the defendants' motion to dismiss. The case involves David McNally, an HIV positive arrestee who, …
Fifth Circuit Says Rotting to Death in Prison Okay by Ronald Young How often have you heard it said of prisoners, "Let them rot in prison?" Probably more times than you care to remember. In the case of Mississippi prisoner Eugene Stewart, such a hellish and cruel death as literally …
Sheriff Liable for Inadequate Staffing and Refusing Medical Treatment to Assaulted Prisoner by The Tenth Circuit court of appeals held that a sheriff may be liable for insufficient jail staffing and refusing medical treatment to a prisoner who was beaten by other prisoners. Genaro Lopez was a prisoner in the …
$100,000 Settlement in South Carolina Jail Death by On May 12, 1999, Spartanburg county in South Carolina announced it would pay $100,000 to settle a wrongful death suit filed by the estate of a prisoner. On June 7, 1998, John Pruitt, a detainee in the Spartanburg county jail, collapsed and …
CDC Settles Excessive Force Suit for $1,000 by John Gann On October 26, 1998, the California Department of Corrections (CDC) paid $1,000 to settle an excessive force suit filed by pro se prisoner John Gann against nine named prison officials. On January 7, 1994, Gann, Alex Bermudez and Carlos Ramirez …
Wreaking Medical Mayhem in Washington Prisons by Tara Herivel In 1993, prisoner Gertrude Barrow crawled to the clinic at the Washington Corrections Center for Women. Her peptic ulcer ruptured, Barrow's requests for treatment had been dismissed by health care staff who diagnosed her ulcer as a bad case of gas. …
A Foul Trend Emerges by Tara Herivel An 1996, the Department of Labor and Industry (L&I) fined McNeil Island Corrections Center (MICC) over $13,000 for health and safety violations. L & I investigator Jeff Spann unearthed a pattern of inadequate training for health care staff, use of faulty medical equipment, …
Article • September 15, 1999 • from PLN September, 1999
Is Health Care Too Much to Ask For? by Silja JA Talvi By Silja J.A. Talvi In California's State Prison System, Female Prisoners and Their Advocates Say They're Continuing to Fight an Uphill Battle, While Prison Administrators Insist They're Doing Their Job Over the last several years, health care-related allegations …
Article • September 15, 1999 • from PLN September, 1999
Ex-Prisoner Gets $850,000 for Broken Neck by When Steven Dodson entered a California prison in October 1996, he didn't know that his neck was broken. He only knew that his neck pain kept getting worse. He also didn't know that the next 10 months of his life would be a …
Article • September 15, 1999 • from PLN September, 1999
PLRA Dismissals for Failure to Plead Physical Injury Reviewed De Novo by The Tenth Circuit court of appeals has held that prisoner suits dismissed for failure to plead a physical injury, as required by the Prison Litigation Reform Act (PLRA), must be reviewed de novo. Darren Eugene Perkins, an HIV-positive …
Pro Se Pennsylvania Prisoner Awarded $100,000 in Guard Attack by On February 25, 1999, a federal jury in Harrisburg, Pennsylvania awarded state prisoner Gerald Henderson $100,000 in compensatory and punitive damages stemming from an attack by prison guards. On March 29, 1995, while imprisoned at SCI-Rockview, Henderson was using the …
PLRA Physical Injury Requirement Constitutional by James Quigley The U.S. Court of Appeals for the D.C. Circuit held that the "Limitation on Recovery" provision (physical injury rule) of the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(e), does not violate a prisoner's rights to equal protection or access to …
Article • September 15, 1999 • from PLN September, 1999
Prisoner Suing Prison Physician for Deliberate Indifference by A federal district court in New York denied summuary judgment to a prison physician being sued for medical neglect. The court held that a genuine issue of material fact was in dispute in that the physician may have acted with deliberate indifference …
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