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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 …
Article • July 15, 1998 • from PLN July, 1998
Filed under: Medical, Hepatitis
Hepatitis C Epidemic Threatens California Prisoners by Willie Wisely Hepatitis C, a potentially deadly strain of liver disease, is spreading out of control through the California prison system. Blood tests conducted on 4,764 incoming prisoners for a three month period in 1994 showed that 41 percent were infected with the …
Right to Psychiatric Care Clearly Established by The court of appeals for the sixth circuit held that prisoners' right to psychiatric care was clearly established and prison psychiatrists who failed to properly treat a suicidal prisoner were not entitled to qualified immunity from money damages. Anthony Wade was a mentally …
Article • July 15, 1998 • from PLN July, 1998
$350,000 Awarded in Ohio Prisoner Death by $350,000 Awarded In Ohio Prisoner Death Sybil Norris, 29, was doing a six-month stretch for shoplifting at the Ohio Reformatory for Women when she died, needlessly, of an asthma attack. Two years later, in December 1997, the Ohio Court of Claims awarded $350,000 …
Article • June 15, 1998 • from PLN June, 1998
PA County Medical Co-Payment Constitutional by The court of appeals for the third circuit held that a program charging prisoners a small ($3-$5) fee when they sought medical care, is not per se unconstitutional, nor as implemented, under the eighth amendment. The court further held that the program is not …
Mis-Managed Health Care in Texas Prisons by In 1993, Texas state prisons over-flowed with 70,000 prisoners. But the state was nearing completion of a $1.5 billion prison construction program that would more than double the number of state prisons. State Comptroller John Sharp appreciated what few Texans knew: the $1.5 …
Involuntary Medical Experiments Violate Due Process by The court of appeals for the ninth circuit held that doctors who administer drugs without a patient's consent for research purposes violate the right to substantive due process. The court also held that fact questions existed which precluded summary judgment. Charles Johnson was …
Article • June 15, 1998 • from PLN June, 1998
Delay in Medical Treatment States Claim by The court of appeals for second circuit held that a district court erred when it dismissed as frivolous a prisoner's claim that his eighth amendment rights were violated when a leg injury was misdiagnosed and treatment delayed. Allen Hemmings was being held in …
Article • June 15, 1998 • from PLN June, 1998
Prisons and Aids: A Public Health Challenge by Daniel Burton-Rose Prisons and AIDS: A Public Health Challenge by Ronald Braithwaite, Theodore Hammett and Robert Mayberry Prisons and AIDS is a well-informed, highly statistical overview of the issues surrounding HIV/AIDS in prisons and jails. The book focuses on education programs and …
Beating by Unknown Guards States Claim by Afederal district court in the District of Columbia held that a prisoner's claim that he was beaten unconscious by three unknown guards stated a claim for violation of the eighth amendment. James Arnold, a District of Columbia (DC) prisoner, was returning to his …
Article • June 15, 1998 • from PLN June, 1998
Alabama HIV+ Prisoners Case Remanded Once Again for Proper RA Consideration by The court of appeals for the eleventh circuit held that prisoners asserting a claim to Rehabilitation Act (RA) protection had the burden of showing that they were "otherwise qualified" under the Act, or could be made so by …
DC Women Prisoners' Suit Settled by In the December 1995, June 1996 and September 1997 issues of PLN we reported the saga of Womens Prisoners of the District of Columbia DOC v. District of Columbia , which is cited in 877 F.Supp. 634, 899 F.Supp. 659, and 93 F.3d 910, …
Delay in Treatment for Jail Prisoner Actionable by Afederal district court in Mississippi held that disputed issues of fact involving claims by a jail prisoner that he was beaten by his cellmates required a trial to resolve. Emmett Davis was sentenced to 54 days in the Greenville, Mississippi, jail because …
Article • May 15, 1998 • from PLN May, 1998
Delay of Dental Service Violates 8th Amendment by The court of appeals for the eighth circuit held that a district court erred when it dismissed a prisoner's suit over delays in dental care. The appeals court also held that untimely service of the suit by the marshalls service was not …
Article • May 15, 1998 • from PLN May, 1998
Denial of Counsel Reversed by The court of appeals for the third circuit held that a district court abused its discretion in refusing to appoint counsel to an indigent pro se prisoner litigant. Paul Parham, a Pennsylvania state prisoner, filed suit after receiving inadequate medical treatment for tinnitus (ringing in …
Article • May 15, 1998 • from PLN May, 1998
$60,000 Judgement Against Florida DOC Reinstated by James Quigley A Florida appellate court reversed a trial court order setting aside a jury verdict against the Florida Department of Corrections (DOC) and granting the DOC a new trial. The court directed the lower tribunal to reinstate the jury award of $60,000 …
No Immunity in Jail Suicide for Medical Contractor by Afederal district court in Florida held that genuine issues of fact existed as to whether a jail psychologist and the private corporation that employed him had acted with deliberate indifference to a pretrial detainee's health needs, obviating summary judgment on the …
PA DOC Not 'Victim' for Restitution Purposes by A Pennsylvania court of appeals held that the DOC was not a "victim" for restitution purposes and that prison expenditures on health care for a murdered prisoner were not compensation reimbursable to the DOC under a restitution statute. Three Pennsylvania state prisoners …
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