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Article • July 15, 1996 • from PLN July, 1996
Filed under: Medical, Brain Injury, ENT, Damages
$1.44 Million for Medical Indifference by On April 5, 1996, a Denver, Colorado district court jury awarded former prisoner Arthur Nieto $1.44 million in damages against Colorado state prison officials for showing deliberate indifference to his serious medical needs. According to the evidence proved at trial, Nieto was imprisoned at …
Bivens Provides Remedy for Work Injury to BOP Prisoners by A federal district court in California held that prison officials may not retaliate against prisoners who request medical treatment; that the Prison Industries Fund is the sole remedy for federal prisoners who suffer work related injuries but does not bar …
No Stay in DC Women Prisoners' Suit by In the December, 1995, issue of PLN we reported Women Prisoners of D.C. DOC v. District of Columbia, 877 F. Supp. 634 (DC DC 1995), a class action suit by women prisoners challenging their conditions of confinement and an atmosphere of sexual …
Supervisor Liable in Retaliation Suit by A federal district court in New York held that supervisory prison officials can be found liable when they are aware of retaliation taken against prisoners but do nothing to stop it. The court dismissed claims challenging the New York DOCS practice of discontinuing free …
Washington Prison Doctor Has License Suspended, Again by In October, 1994, the Washington State Medial Quality Assurance Commission began an investigation into the qualifications of Dr. Thomas McDonnell, the supervising physician at the Washington Corrections Center (WCC) in Shelton, WA. The investigation began after the Commission received two anonymous complaints. …
Publication • 1996
Filed under: Medical, Respiratory
First Aid for Asthma, Allyn & Bacon, 1996 First Aid for Asthma What is an asthma attack? People with asthma have extra-sensitive airways. Triggers like dust, pollens, animals, tobacco smoke and exercise may make their airways swell and narrow, causing wheeze, cough and difficulty breathing. Sit the person comfortably upright. …
Article • May 15, 1996 • from PLN May, 1996
Summary Judgment Notice Must Be Given by Court by The court of appeals for the ninth circuit has reaffirmed that when a district court considers matters outside the pleadings in ruling on the sufficiency of a complaint it must give the plaintiff notice and allow the plaintiff an opportunity to …
Complaint Need Not List Capacity Defendants Sued In by The court of appeals for the fourth circuit has held that plaintiffs suing under 42 U.S.C. § 1983 need not specifically plead in their complaint that the state officials are being sued in the individual rather than their official capacities. Instead, …
CDC Mental Health System Ruled Deficient by California's prison system (CDC) was cited by a federal judge for "gross inadequacies" in the delivery of mental health care services to prisoners. On September 13, 1995, U.S. district judge Lawrence Karlton put the bite on the CDC, issuing an 82 page court …
Article • April 15, 1996 • from PLN April, 1996
Pelican Bay Psychiatrists Resign in Protest by In the August '95 issue of PLN we reported Madrid v. Gomez, the suit challenging conditions at the Pelican Bay State Prison in Crescent City, CA. Federal district court judge, Thelton Henderson, ordered the California Department of Corrections (CDC) to implement significant improvements …
Tuberculosis TRO Issued by A federal district court in New York granted a prisoner's motion for a Temporary Restraining Order (TRO) holding that a prison's mandatory tuberculosis (TB) test violated his religious rights. Paul Jolly, a New York state prisoner, is a Muslim. In 1991 the New York DOCS implemented …
Brief • April 5, 1996
Filed under: Malpractice
Myers v. Snohomish County Jail Director, WA, Complaint, Medical Malpractice, 1996 - .., IN THE SUPERIOR COURT FOR THE STATE OF WASHINGTON IN AND FOR THE COUNTY OF SNOHOMISH FRED C. MYERS JR., ) ) Plaintiff, ) 96 2 02715 2 No. ) v. ) ) SNOHOMISH COUNTY JAIL DIRECTOR, …
Article • March 15, 1996 • from PLN March, 1996
Texas Medical Charge May Violate Due Process by Afederal district court in Texas has held that a prisoner's claim that he was wrongly charged for medical services should proceed to trial. Creighton Delverne is a convicted state prisoner who was awaiting transport to the state's prison system but was backlogged …
Qualified Immunity for ADA Suit by The court of appeals for the fourth circuit ruled that Virginia prison officials were entitled to qualified immunity from an obese prisoner's suit filed under the Americans with Disabilities Act (ADA) and the Rehabilitation Act (RA). The court went into extensive detail discussing the …
Private Prisons Get Qualified Immunity by As the number of privately run, for profit, prisons grows, so too will litigation involving them. There is little case law involving private prisons. In this case a federal district court held that employees of a prison (run by the Wackenhut Corporation) in Louisiana …
Interlocutory Appeals Discussed by The eighth circuit court of appeals has distinguished recent supreme court decisions as to when interlocutory appeals can be heard by appeal courts. Gerry Reece, a Missouri state prisoner, was in protective custody due to being a DEA informant and a snitch in a murder trial. …
Brief • March 13, 1996
Filed under: Injury -- Misc.
Dickerson v. Peterson, WA, Complaint, Eye Injury, 1996 C'T#T'c---,,,,.:.. k.": ',';-Iv;' ( .:J - C.~ R:S~ "·"~~·"·::-·'~~,:T - "-, ,96 PlRR 13 PPl 1 51 2 3 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON AT TACOMA 4 5 CHARLES W. DICKERSON, ) ) Plaintiff, 6 …
Brief • February 22, 1996
Filed under: HIV/AIDS, Overcrowding
Bartkus v. Manson, CT, Settlement Agreement, Prison Overcrowding and AIDS Case, 1996 J3CM rr-.Ol I Bartkus v. Commissioner of Correction illllllll UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT IN RE PRISON OVERCROWDTNG AND AIDS CASES Consolidated Case No. H-80-b06 RICHARD BARTKUS v. COMMISSIONER OF CORRECTION : CIVIL NO. H-80-506 (RNC) …
Jury Awards $39,000 in Texas Scalding by On September 21, 1995, a federal jury in Houston awarded Texas state prisoner Roland Rudd $39,000 in damages against prison guards Robert Bergeron and Leonardo Herrera. The jury found that the Bergeron splashed a pitcher of hot coffee on Rudd's face and refused …
Fifth Circuit to Require Administrative Exhaustion by In two separate rulings the fifth circuit affirmed dismissal of prisoners' section 1983 suits for failure to exhaust administrative remedies (i.e. the prison grievance procedure). In doing so, the court significantly expanded previous supreme court rulings that had held such exhaustion could only …
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