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Article • December 15, 1998 • from PLN December, 1998
Ex-Prisoner Sues Over Phony Jail Dentist by When Timothy Stanley, 32, was in the Marion County (FL) Jail in January, 1997, facing drug charges, he needed some dental work done. According to the jail's medical log, Sheriff Ken Ergle's "dentist", Illya Fitzgerald Hathorn, pulled one of Stanley's teeth. Now Stanley …
Article • December 15, 1998 • from PLN December, 1998
Rule 12(b) Dismissal Requires Inability to Prove Claim by The Second Circuit has held that a civil rights claim may only be dismissed under Federal Rules of Civil Procedure 12(b)(6) for failure to state a claim if it is beyond doubt that the plaintiff can prove no set of facts …
Qualified Immunity No Protection for ADA Injunctive Claims by In the October, 1998, issue of PLN we reported Rouse v. Plantier , 987 F. Supp. 302 (D NJ 1997) which involves a class action lawsuit challenging the adequacy of treatment that diabetic prisoners receive in New Jersey state prisons. In …
Article • December 15, 1998 • from PLN December, 1998
Bureau of Prisons Transsexual Policy Challenged by Bureau Of Prisons Transsexual Policy Challenged Afederal district court in the District of Columbia held that trans-sexualism is a "serious medical condition" for which prisoners have a constitutional right to treatment. Dee Farmer is a federal prisoner who sued the Bureau of Prisons …
Article • December 15, 1998 • from PLN December, 1998
Updated AIDS Bibliography Published by The ACLU National Prison Project has announced the publication of its 1998 AIDS in Prison Bibliography. According to the Bureau of Justice Statistics report HIV in Prisons and Jails, 1995 , the overall rate of AIDS cases among prisoners was more than six times the …
No Qualified Immunity for Private Health Care Provider by Afederal district court in Florida denied qualified immunity to a private provider of health care services to a county jail. Health care personnel failed to give a prisoner with a history of heart attacks her heart medication and ignored her complaints …
Article • November 15, 1998 • from PLN November, 1998
Failure to Exhaust Administrative Remedies Not Jurisdictional by A federal district court in California held that 42 U.S.C. § 1997e(a) is not a jurisdictional prerequisite for federal courts to hear prisoner lawsuits; administrative exhaustion under that statute is not required when a prisoner seeks money damages as relief and the …
Article • November 15, 1998 • from PLN November, 1998
Texas Prisoners Bake to Death by Alex Friedmann More than one hundred people have died during a searing heat wave in Texas this past summer, including at least three prisoners. Dozens of convicts have been treated for heat-related health problems. "I've been with the system 13 years and this has …
Brief • October 26, 1998
Rodriguez v. City of New York, NY, Complaint, Jail Guards Ignore Prisoner's Fatal Heart Condition Ignored, 1998
Nine Florida Prison Guards Indicted, Fired by Nine Florida state prison guards were indicted July 10, 1998, on federal conspiracy and civil rights violation felony charges in the death of a prisoner who was chained, beaten, and left to bleed to death. A tenth guard, presumably the one who broke …
No Exhaustion Required for Money Damage Claims by A federal district court in Illinois held that where prison administrative remedies do not provide for money damages there is no administrative remedy available for prisoner plaintiffs to exhaust within the meaning of 42 U.S.C. § 1997e(a) of the PLRA. Section 1997e(a) …
CT Prisoners Pinched for Cost of Imprisonment by A1995 "get tough" state law mandated that the Connecticut Department of Correction write a regulation for assessing prisoners for the cost of their incarceration In 1997, that mandate was codified into sections 18-85a-1 to 18-85a-4 of the "Regulations of State Agencies: cost …
Private Health Care Providers Denied Qualified Immunity by Afederal district court in Alabama held that private party doctors and health care providers are not entitled to qualified immunity when sued by prisoners for Eight Amendment violations. The court further held that the existence of an on-going class action involving similar …
Trial Required in New Jersey Diabetic Care Suit by Afederal district court denied New Jersey prison authorities their motion for summary judgment against diabetic prisoners' class action suit under 42 USC § 1983. The prisoners' complaint was that the medical care provided by the Adult Diagnostic and Treatment Center (ADTC) …
Article • September 15, 1998 • from PLN September, 1998
Cigarette Health Hazards by Paul Wright Cigarette Health Hazards: The January 14, 1998, Volume 279, No. 2, issue of the Journal of the American Medical Association (JAMA) contains an article on the risks of cigarette smoke in increasing the risk of heart disease. Title "Cigarette Smoking and Progression of Athero …
ADA Applied to AR Jail by In the first ruling out of the eighth circuit on this issue, a federal district court in Arkansas held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA), 29 U.S.C. § 794, apply to state correctional facilities. …
Article • September 15, 1998 • from PLN September, 1998
$1,000 Awarded in Denial of Dental Care in TX by On July 14, 1997, federal magistrate Judith Guthrie held that Texas prison dentists were deliberately indifferent in refusing to provide dental care to a prisoner. Following a bench trial magistrate Guthrie awarded the plaintiff $1,000 in damages. Garmon Coats, a …
U.S. Supreme Court Rules That ADA Applies to Prisoners by Paul Wright By Paul Wright On June 15, 1998, a unanimous United States supreme court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, applies to prisoners. In doing so the court resolved a split between the …
Article • August 15, 1998 • from PLN August, 1998
Notes from the Unrepenitentiary by Laura Whitehorn On June 1, Rosalind Simpson Moore-Bey died at home in Washington, D.C. To anyone who has passed through the D.C. Jail or CTF (Central Treatment Facility), Roz's name is not only familiar it is well-known. Her name is known, as well, to many …
Louima v. New York, NY, Complaint, Police Brutality, 1998 _....... . Case ". 1:98-cv-05083-SJ-CLP Document 1 Filed 08/06/98 Page 1 of 40 PageID #: 391 tr-- ... . lJNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK .: : n~ 1, rl C r :"' ·~ I _u '- 2 …
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