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Article • February 15, 1996 • from PLN February, 1996
No Jurisdiction for Some Appeals by The court of appeals for the eighth circuit has held that it lacks jurisdiction to hear appeals on issues not decided on the merits in the district court. Marlon Robinson, a Missouri state prisoner, filed suit claiming prison officials were deliberate indifferent to his …
No Immunity for AIDS RA Claim by Afederal district court in New York has held that a state agency, the DOCS, did not enjoy immunity from suit under 29 U.S.C. § 794, the Rehabilitation Act (RA). Edward Timmons, a New York state prisoner, was wrongly diagnosed as having AIDS in …
Failure to Provide Medical Treatment Unlawful by The court of appeals for the fourth circuit has held that jail guards have a duty to provide medical care for injuries resulting from attacks by other prisoners. Failure to do so may subject them to eighth amendment liability. In its ruling the …
Article • January 15, 1996 • from PLN January, 1996
Maryland Medical Co-Pay Policy Upheld by In the November, 1995, issue of PLN we discussed case law and litigation strategy on challenging state laws requiring prisoners to pay for medical services. As more states pass such laws we foresee more litigation on the issue. A federal district court in Maryland …
7th Circuit Clarifies "Frivolous" and Safety Standard by The court of appeals for the seventh circuit ruled that a district court must determine a suit is not only legally insufficient but that it cannot be saved by amendment before the court can dismiss the suit as frivolous under 28 U.S.C. …
Texas Detainee Wins Damages for Ad Seg Placement by A federal district court in Texas awarded $700 in compensatory damages to a county jail prisoner placed in administrative segregation without due process and held there for fourteen days. The court also considered the matter of prisoners' right to safety from …
Article • December 15, 1995 • from PLN December, 1995
Prisoners Entitled to Rely on Marshalls for Service by The court of appeals for the sev enth circuit has extended prior rulings and held that state prisoners are entitled to rely on the Marshalls service to serve their lawsuits on prison officials. The Marshall's failure to properly serve prison officials …
Article • December 15, 1995 • from PLN December, 1995
HIV/AIDS in Prison and Jail by The Department of Justice has released its latest statistics on the prevalence of HIV/AIDS in prison and jail facilities for 1993. As of that year 21,538 out of the 880,101 prisoners in state and federal prisons, 2.4% of the total, were known to be …
Contract Physicians Entitled to Qualified Immunity by The court of appeals for the seventh circuit has held that physicians hired by a prison to provide medical care are entitled to qualified immunity when sued by prisoners. As more and more prison systems attempt to cut medical care costs by contracting …
Ohio Mental Health Decree Entered by A far reaching consent decree governing the delivery of mental health care to Ohio prisoners was entered on 10 July 1995. The consent decree resulted from a §1983 suit filed in 1993 and certified as a class action on June 7, 1995. The prisoner …
Sexual Harassment Violates Eighth Amendment by A federal district court in the District of Columbia (DC) granted extensive injunctive and declaratory relief for a class of women prisoners who filed suit challenging their conditions of confinement in DC prison facilities. The rights of women prisoners were also violated under Title …
Detainee States Claim for Retaliation and Med Needs by The court of appeals for the seventh circuit has held that pretrial detainees are entitled to adequate medical care and have a right to be free from retaliation for complaining of guard misconduct. Richard Murphy was a pretrial detainee in the …
Charging for Medication May Violate Eighth Amendment by A federal district court in Indiana has held that requiring prisoners to pay for medication when they are able to does not violate the eighth amendment. However, prison officials' refusal to provide over the counter medication to indigent prisoners with serious medical …
WSR Prisoner Murdered by Neglect by On December 12, 1994, Stanley Watson died of a heart attack at the Washington State Reformatory (WSR) in Monroe, WA. While heart attacks do happen and can be fatal Watson's death could have been easily prevented, so easily that his death amounts to negligent …
Article • November 15, 1995 • from PLN November, 1995
Detainees Entitled to Hygiene Items by A district court in Illinois has held that pretrial detainees are entitled to clean linen and clothes on a regular basis as well as adequate ventilation, medical treatment and food. The court begins its ruling with a quote by Dr. Karl Menninger who described …
Article • November 15, 1995 • from PLN November, 1995
Billing Prisoners for Medical Care Blocks Access by Kara Chayriques by Mark Lopez and Kara Chayriques In 1976, the Supreme Court established in Estelle v. Gamble, 429 U.S. 97 (1976), that the government has an obligation to provide medical care for prisoners. This fundamental premise has been upheld in subsequent …
Medical Evidence Required to Win Delay Claim by The court of appeals for the eighth circuit has held that in order to prevail on an eighth amendment deliberate indifference to serious medical needs claim, the prisoner plaintiff must submit verifying medical evidence at the summary judgment stage. Larry Beyerbach, a …
Retaliatory Discipline Violates Due Process by A federal district court in New York has held that retaliatory infractions violate due process and that housing an asthmatic prisoner on an upper tier may violate the eighth amendment. Prison officials and detectives are also liable when they interrogate prisoners concerning crimes and …
Article • October 15, 1995 • from PLN October, 1995
Delay in Dental Care States Claim by The eighth circuit court of appeals has reaffirmed the long-standing principle that delaying dental care for prisoners violates the eighth amendment. Ronald Boyd, a Missouri state prisoner, began suffering pain to his jaw on June 1, 1991. He requested to see a dentist. …
7th Cir. Clarifies "Deliberate Indifference" for Medical Cases by To state an eighth amendment violation, prisoners must do more than claim mere negligence by prison medical staff. Willie Sellers was a federal prisoner held at the infamous penitentiary at Marion. He is also a diabetic. He filed suit claiming that …
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