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CCA Settles Youngstown Suit for $2.48 Million by by Alex Friedmann On March 1, 1999 the Corrections Corp. of America agreed to pay $1.65 million plus $803,000 in attorney fees and expenses to settle a class-action lawsuit filed by Washington, D.C. prisoners at the company's Northeast Ohio Corr. Center in …
Frivolous Qualified Immunity Appeals Warrant Sanctions by The court of appeals for the Sixth Circuit that it lacked jurisdiction over an interlocutory appeal from an order denying qualified immunity because the prison medical personnel defendants would not concede to view the facts in a light most favorable to the prisoner. …
Article • August 15, 1999 • from PLN August, 1999
Denial of Pain Medication Violates Eighth Amendment by The court of appeals for the Seventh circuit held that a guard's denial of prescribed pain medication to a prisoner undergoing cancer treatment violates the Eighth Amendment's ban on cruel and unusual punishment. James Ralston, a Wisconsin state prisoner, was given radiation …
Private Prison Operators Enter Medical Care Market by Alex Friedmann As criminals receive longer sentences and serve a greater portion of them under threestrikes, truth-in-sentencing and mandatory minimum laws, the number of elderly prisoners with health problems has increased accordingly. Some consider this trend to be the result of a …
Article • August 15, 1999 • from PLN August, 1999
Motive Question Precludes Summary Judgment in Medical Suit by The U. S. court of appeals for the Eighth Circuit held that the existence of a factual dispute as to whether jail guards and medical staff intended to punish a detainee for requesting medical treatment, precluded summary judgment. While Ronald Davis …
PLRA Attorney Fee Cap Applies in $65,000 Beating Case by Afederal district court in Texas has ruled that the attorney fee cap in the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e, applies to work performed by attorneys appointed after the enactment of the PLRA to represent pro se …
Brief • August 3, 1999
Filed under: Medical, Failure to Treat
Monroy-Vargas v. US, FL, Complaint, Deficient Medical Care, 1999
Brief • July 23, 1999
Filed under: Failure to Treat
Wagner v. WA DOC, WA, Protective Order, Medical Neglect, 1999 • 1 . AP;,.;... ~; t"J ..;.. .~ BEFORE THE PERSONNEL APPEALS BOARD FOR THE STATE OF WASHINGTON 2 .' ... 3 GLORIA WAGNER, NO. RED-99-0057 4 Appellant, 5 PROTECTIVE ORDER v. 6 DEPARTMENT OF CORRECTIONS, 7 Respondent. 8 9 …
Florida Guards Acquitted in Brutality Case by Alex Friedmann Florida prisoner John Edwards, 28, an HIV+ double-murderer serving a life sentence, was transferred to the Charlotte Corr. Institution (CCI) on Aug. 18, 1997 after biting a Zephyrhills prison guard on the cheek. According to federal prosecutors, once Edwards arrived at …
Behind Bars in Brazil (Review of Human Rights Watch Report) by Julia Lutsky Reviewed by Julia Lutsky Since Brazil is the largest nation in Latin America it comes as no surprise to know that its prisons hold more people than do the prisons of any other Latin American nation. Its …
Detainee Beaten to Death at Nassau County Jail by Alex Friedmann When Thomas Pizzuto entered the Nassau Co. jail in East Meadow, New York to serve 90 days for traffic violations, he didn't know the jail term would become a death sentence. Pizzuto, 38, a recovering heroin user who was …
Qualified Immunity in Transsexual Treatment Case by In the December, 1998, issue of PLN we reported Farmer v. Hawk, 991 F. Supp. 19 (D DC 1998). Dee Farmer, a federal pre operational male to female transsexual, challenged the Bureau of Prisons (BOP) policy of not providing adequate treatment to transsexual …
Article • July 15, 1999 • from PLN July, 1999
Withholding Dental Care Violates Eighth Amendment by Ronald Young ANew York federal district court held that failure to treat a prisoner's abscessed wisdom tooth was a sufficiently serious medical condition to sustain an Eighth Amendment claim. The court also held that material issues of fact as to whether the prison's …
Denial of HIV Medication Subjects Medical Contractor to Liability by Afederal district court in Maine held that a former pretrial detainee had stated a claim when a jail's medical contractor denied him his HIV medication for three days. David McNally was arrested and booked into the Cumberland County jail in …
Brief • June 16, 1999
Filed under: Medical
Bartlett v. State of Washington, WA, Judgment, Substandard Healthcare, 1999 FILED JUN 16 1999 THOMASR SPOKANE C6~NALTYLOU'ST CLERK 2 ... .J 4 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SPOKANE 5 6 7 VALERIE 1. BARTLETT, 8 9 10 Plaintiff, NO. 97-2-04659-3 …
Article • June 15, 1999 • from PLN June, 1999
Corcoran Prisoner Left Hanging by During a 3 a.m. bed check, a Corcoran (Calif.) State Prison guard spotted a prisoner dangling from a noose in a darkened corner of his ad-seg cell. But rather than pop open the cell door and determine whether he was dead or alive, prison guards …
Article • June 15, 1999 • from PLN June, 1999
CMS Settles Wrongful Death Suit for $75,000 by In 1998 Correctional Medical services (CMS) and the estate of Mark Murphy settled a wrongful death suit for $75,000. CMS is the largest provider of privatized medical care to prisoners and jail detainees. Mark Murphy was imprisoned at the Delaware Correctional Center …
Article • June 15, 1999 • from PLN June, 1999
Failing to Provide Disabled Prisoner Showers for Two Months Cruel and Unusual by The Fifth Circuit court of appeals has held that failing to accommodate a disabled prisoner whose disability and close confinement accommodations prevented him from showering states a claim under the Cruel and Unusual Punishments Clause of the …
Brief • June 14, 1999
Filed under: Injury -- Misc.
Debruyne v. WA DOC, WA, Judgment, Head and Back Injuries, 1999 -'. 1 IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF THURSTON 2 3 4 MlCHAEL DEBRUYNE and KATHERINE E. DEBRUYNE, husband and wife and the marital community comprised thereof, .. NO. 96-2-04484-6 …
Tainted Plasma Traced to Arkansas Prison: Bill Clinton's Blood Trails by St Clair, Jeffrey by Jeffrey St. Clair The year Bill Clinton became governor of Arkansas, the Arkansas state prison board awarded a hefty contract to a Little Rock company called Health Management Associates (HMA). The company got $3 million …
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