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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 …
Denial of Handicapped Jail Facilities Set for Trial by The court of appeals for the Ninth circuit held that a handicapped detainee was entitled to a trial to prove jail conditions were unconstitutional in light of his disability. On remand, the lower court was instructed to consider whether the plaintiff …
$250,000 FTCA Beating Judgment Reversed by The court of appeals for the Eleventh Circuit held that the discretionary function exception to the Federal Tort Claims Act (FTCA) shields the United States from liability for injuries sustained by a federal prisoner, as a result of an attack by another prisoner. A …
Medical Care Unconstitutional in Puerto Rico Prisons by Medical Care Unconstitutional In Puerto Rico Prisons A federal court in Puerto Rico has held that the lack of medical care in the Puerto Rican prison system is unconstitutional. This is a class action under 42 U.S.C. § 1983 brought by Puerto …
Article • April 15, 1999 • from PLN April, 1999
Failure to Give Summary Judgement Notice is Reversible Error by The court of appeals for the Ninth Circuit, en banc, reaffirmed that pro se prisoner litigants are entitled to fair notice of the requirements of the summary judgment opposition rule. The court also held that the notice requirement may be …
$45,000 Award in BOP Tort Claim Medical Neglect Suit by Afederal district court in Texas has awarded a pro se federal prisoner $45,000 under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, for medical neglect by the United States Bureau of Prisons (BOP) in failing to transfer him …
$1,500 in Disabled Prisoner Work Suit by The Eighth Circuit court of appeals has upheld the award of $1,500 against prison officials who forced a prisoner to perform manual labor which violated his medical work restrictions and resulted in injury. German Williams, an Arkansas state prisoner, was assigned a medical …
Article • April 15, 1999 • from PLN April, 1999
$355,000 Verdict in New York Asthma Death by On November 23, 1998, New York court of claims judge Nicholas Midley Jr. awarded the family of Peter Farace $350,000 in damages for Farace's death and $50,000 in interest. Farace, 25, died of an asthma attack on February 9, 1986 at the …
Cheaper Than Lab Rats: Can Prisoners Glow in the Dark? by Hans Sherrer We get outraged and indignant when we read or hear of atrocities committed by Nazi doctors in the name of medical science. [1] Yet, if what the Nazis did is what triggers our sense of outrage, then …
Article • March 15, 1999 • from PLN March, 1999
Former 'Guinea Pigs' Protest by Fifty former Pennsylvania state prisoners protested outside the Hospital of the University of Pennsylvania on a cold December morning in 1998 to draw attention to the pain and suffering they say resulted from medical experiments performed on them in Holmesburg prison "We are the experimentation …
No Private Rights Under International Treaties by Afederal district court in Washington state held that state prisoners do not have an implied right of action for alleged "crimes against humanity," as violations of international law. The court further held that neither the International Covenant on Civil and Political rights (ICCPR), …
Article • March 15, 1999 • from PLN March, 1999
Book Review: Acres of Skin: Human Experiments at Holmesburg Prison by Daniel Burton-Rose Allen M. Hornblum Routledge, 297 pgs., $25.00 by Daniel Burton-Rose The ignominious story of U.S. medical experimentation on prisoners is rarely one that makes the history books. Tests using prisoners as human guinea pigs included World War …
Warden May Be Liable for Rape by The court of appeals for the Eighth circuit held that a district court erred when it granted judgement as a matter of law to a defendant prison warden in a rape case. Kendall Spruce, an Arkansas state prisoner, filed suit claiming his Eighth …
Abuse of Discretion to Dismiss Medical Suit by The Seventh Circuit court of appeals has held that a district court abused its discretion when, on technical procedural grounds, it refused to grant a prisoner leave to amend his suit adding the full names of defendants and dismissed the suit. Ralphfield …
Eighth Circuit Reinstates $80,000 Damage Award in Rape Case by The court of appeals for the eighth circuit held that an Arkansas state prisoner was entitled to damages for both the state tort of "outrage", and for a constitutional violation. The court reinstated the full $80,000 damage award against the …
Article • February 15, 1999 • from PLN February, 1999
Book Review: Breaking the Walls of Silence by Laura Whitehorn Book review by Laura Whitehorn Breaking The Walls Of Silence: AIDS and Women in a New Youk State Maximum Security Prison was written by the members of the ACE Program (AIDS Counseling and Education) of Bedford Hills Women's Prison. It …
Juvenile Crime Still Pays -- But at What Cost? by Alex Friedmann Juvenile Crime Still Pays – But at What Cost? by Alex Friedmann [Last February, PLN published a cover article, "Juvenile Crime Pays," concerning the proliferation of for-profit juvenile justice services. This month we revisit the topic following recent …
No Immunity for Forcing Disabled Prisoner to Work by The court of appeals for the Eighth circuit held that a prison guard was not entitled to qualified immunity from money damages for forcing a prisoner to perform work he was physically incapable of doing. Ramon Sanchez, a Missouri state prisoner, …
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