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Prisoner's Death Throws Utah DOC into Turmoil by On March 19, 1997, Michael Valent--a schizophrenic prisoner housed in the mental health wing of a Utah prison--died while confined in a "restraining chair." Valent was strapped into the device for 16 hours without a break, his arms and legs immobilized. Preliminary …
No Immunity for Denial of Exercise by The court of appeals for the second circuit held that prison officials were not entitled to qualified immunity from money damages for denying a prisoner in medical segregation all opportunity for exercise. Bobby Williams is a New York state prisoner who refused to …
Article • August 15, 1997 • from PLN August, 1997
Utah Supreme Court Vacates Damage Reduction in Prison Suit by The Utah supreme court held that prisoners can sue for money damages for violation of their state constitutional rights, a landmark ruling for Utah prisoners. Roger Bott, a Utah state prisoner, sought medical care when he began experiencing vision problems. …
Failure to Treat Broken Hand States Claim by A federal district court in Illinois held that prison doctors' failure to treat a broken hand for nine days stated an eighth amendment claim and an Illinois state law requiring that an affidavit be filed in medical malpractice cases did not apply …
Article • August 15, 1997 • from PLN August, 1997
Jail Medical Fees Upheld by Fifth Circuit by The court of appeals for the fifth circuit, in two consolidated cases, upheld the manner in which fees were collected from indigent prisoners who sought medical care. This case is more important for what it doesn't decide than for what it does. …
Article • August 15, 1997 • from PLN August, 1997
Washington Prison Legislation by The Washington state legislature ended its 1997 session by passing very few laws that directly impact Washington prisoners. Laws that were signed into law were: ISRB: House Bill 1646 extended the existence of the Indeterminate Sentence Review Board (ISRB, AKA the parole board) another ten years …
Medical Malpractice Instruction Warranted in Eighth Amendment Suit by The court of appeals for the second circuit held that in some cases medical malpractice may constitute an eighth amendment violation and a failure to instruct a jury accordingly is reversible error. William Hathaway, a New York state prisoner, filed suit …
Article • July 15, 1997 • from PLN July, 1997
Prisoners Roasted Alive by A van carrying prisoners burst into flames alongside a Tennessee interstate highway, killing all six prisoners shackled inside a wire mesh cage in the back of the van. The prisoners were being transported in a van operated by Federal Extradition Agency, a private Memphis-based company that …
Hygiene and Retaliation Claims Require Trial by The court of appeals for the tenth circuit held that a prisoner's retaliation claim and claim that he had been denied hygiene items required a trial. The court affirmed dismissal of claims regarding inadequate law library access and his placement in administrative segregation …
Brief • June 18, 1997
Close v. Mitchell, NY, Complaint, Failure to Treat Back Spine, 1997 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK u. S. DISTRICT COURT N. D. OF N. Y. FI LED :JUN 18 1997 BEN CLOSE, Plaintiff, AT O'CLOCK M. GEORGE A. RAY, Clerk UTICA -againstJOHN T.l\1ITCHELL, RN, Nurse Administrator, …
Article • June 15, 1997 • from PLN June, 1997
Pro Se Litigant Entitled to Defendant's Identity by The court of appeals for the seventh circuit held that a pro se litigant is entitled to court appointed counsel in order to discover the identity of defendants and the statute of limitations was subject to equitable tolling while discovery took place. …
TB Isolation May Violate RFRA by A federal district court in Indiana held that a prison policy of isolating Muslim prisoners who refused tuberculosis screening tests may violate the Religious Freedom Restoration Act (RFRA), 42 U.S.C. § 2000bb(b)(1) and the eighth amendment. Indiana prisoners who refuse TB tests involving the …
Trial Required on ADA EFV Claim by A federal district court in California held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132 and the Rehabilitation Act (RA) of 1973, 29 U.S.C. § 794, apply to state prisons and were violated when an HIV+ prisoner and his HIV+ …
Article • June 15, 1997 • from PLN June, 1997
BOP Owes Duty of Care to Prisoners by The court of appeals for the third circuit held that the Bureau of Prisons (BOP) owes federal prisoners a duty of care and that a district court erred in ruling otherwise. Rother Jones is a federal prisoner who filed a negligence suit …
Denial of Eyeglasses Violates Eighth Amendment by The court of appeals for the second circuit held that a vision impaired prisoner who is denied medically prescribed eyeglasses states a claim for violation of the eighth amendment. The court also gave some interesting comments that this case should not be confused …
Lucas v. White, CA, Amended Complaint, Abuse of Inmates, 1997 1 ROSEN, BIEN & ASARO MICHAEL W. BIEN - 096891 155 Montgomery Street, 8th Floor San Francisco, California 94104 Telephone (415) 433-6830 2 3 4 LAW OFFICES OF GERI L. GREEN GERI L. GREEN - 127709 368 Hayes Street San …
Seventh Circuit Questions ADA Applicability to Prisons by The court of appeals for the seventh circuit issued its first ruling on the applicability of the Americans with Disabilities Act (ADA) to prisoners. In doing so it held that claims of incompetent medical treatment are not cognizable under the ADA. It …
Article • May 15, 1997 • from PLN May, 1997
No Care for STD Violates Eighth Amendment by A federal district court in Texas held that a jail prisoner had stated a claim for violation of his eighth amendment right to medical treatment when he was not provided with medical treatment for a Sexually Transmitted Disease (STD) he had sought …
Article • May 15, 1997 • from PLN May, 1997
Texas Prisoners Get Second-Rate Doctors by Texas prisons have become a refuge for several doctors with troubled pasts. The Dallas Morning News identified eight physicians working in state prisons after having been disciplined by medical review boards. The state of Michigan in June 1990 revoked Dr. Robert A. Komer's medical …
Beating and Strip Cell Require Trial by The court of appeals for the tenth circuit held that beating a naked, handcuffed, non-resisting prisoner violates the eighth amendment; that placing a prisoner in a strip cell without blankets or heating violates the eighth amendment as well. The court also discussed when …
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