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$273,000 Settlement for Gassing by A hallucinating diabetic was sprayed in the face with a chemical spray called "Freeze + P." after he had been arrested and tried to escape. The spray contains tear gas and a red pepper derivative. After being held in the Montgomery County, Alabama, jail for …
Article • October 15, 1994 • from PLN October, 1994
Filed under: Medical, HIV/AIDS
No Right to HIV Testing by In 1989 a Kentucky state prisoner, John Doe, requested testing for the HIV virus which causes AIDS. His request was denied because he did not meet the criteria for HIV testing established by Kentucky Corrections Cabinet Policy 13.5. That policy states: "Testing for the …
Agreement Reached in State-Wide Pennsylvania Prison Case by On Aug. 12, 1994, lawyers representing the prisoners announced that they have reached a settlement with the State of Pennsylvania in Austin v. Lehman, the state-wide prison conditions case filed in November, 1990. The agreement has been presented to U.S. District Judge …
WA DOC Negligence Caused Prisoner Death by Paul Wright By Paul Wright In the July, 1994, issue of PLN we reported on the death of Gertrude Barrow, a prisoner at the Washington Corrections Center for Women (WCCW) at Purdy. On May 16, 1994. Barrow died of a perforated ulcer with …
Article • October 15, 1994 • from PLN October, 1994
No Immunity for Delay of Medical Care by Willie Harris was a pretrial detainee in the Coweta County, Georgia, jail. When he was arrested his hand was injured by tight handcuffs. Upon arrival at the jail, on September 6, 1990, he requested treatment for the injury. He was seen by …
MO Court's HIV Disclosure Rule Struck Down by Judges in Cole County, Missouri enacted a local court rule requiring that jail officials inform them, in camera, whether a prisoner scheduled for a court appearance had an infectious disease or carried the HIV virus believed to cause AIDS. The purported reason …
New Trial Required for Improper Testimony by Michael Kemp is a Missouri state prisoner. He filed suit under § 1983 claiming that a prison guard, Antonio Balboa, had confiscated his epilepsy medication and flushed it down the toilet. This resulted in Kemp having epileptic seizures during which he injured himself. …
Article • September 15, 1994 • from PLN September, 1994
Filed under: Medical, Dental Care
Delay in Dental Care Creates Fact Dispute by Wardell Patterson is a Missouri state prisoner. On February 12, 1992, Patterson had a tooth filled by William Pearson, the prison dentist. The next day Patterson began suffering from swelling, headaches and severe pain. Patterson's unit manager contacted Pearson about the problem …
Breach of Contract Claim OK Against Medical Contractor by On December 22, 1992, Eddie Cherry began serving a 30 day sentence in the Polk county jail, Florida, for drunk driving. At the time of his incarceration he told jail staff that he drank approximately a case of beer a day. …
Article • August 15, 1994 • from PLN August, 1994
Filed under: Medical, HIV/AIDS
TB Alert by David Gilbert By David Gilbert Tuberculosis (TB) is the leading infectious killer in the world. Long considered conquered in the industrialized nations, TB is now making a comeback in the U.S. Prison is one danger zone for this disease which can be spread by airborne bacteria. In …
AZ Medical Care Unconstitutional by This lengthy (76 pages) opinion deals with a DOC-wide class action suit filed by Arizona state prisoners challenging the medical and dental care, treatment available for seriously mentally ill prisoners, and unequal medical treatment provided to females compared to that provided male prisoners. District court …
Article • August 15, 1994 • from PLN August, 1994
Coalition and Prisoners Fight for Better Health Care by San Francisco, March 10, 1994 -- Despite a demonstration of over 100 people at the gates of Chowchilla prison on January 29 for better health care, the daily medical neglect and abuse continues unabated. Since the beginning of the year, three …
Article • August 15, 1994 • from PLN August, 1994
Researching Medical Deliberate Indifference by Dude J Rose By Dude J. Rose Prisoners have an eighth amendment right to adequate medical treatment. When bringing a claim of inadequate medical treatment, the plaintiff/prisoner must allege and show deliberate indifference on the part of the defendants towards the prisoner's medical needs and …
Suit Filed Over Conditions at Virgin Islands Criminal Justice Complex by For almost two years, prisoners at Criminal Justice Complex have been locked up for 23 hours a day in overcrowded, filthy, rat and roach infested cells. They are only allowed out for a short period each day to shower …
Article • August 15, 1994 • from PLN August, 1994
Filed under: Medical, HIV/AIDS, STDs
AIDS #1 Killer in FL DOC by According to Florida corrections officials, AIDS is the leading cause of death in Florida prisons and many prisoners are released without knowing if they are infected. Half of the people who die in Florida prisons die from AIDS. Prison officials estimate about 8 …
Article • August 15, 1994 • from PLN August, 1994
Filed under: Medical, HIV/AIDS
Aids in WA DOC by AIDS in WA DOC Beth Anderson, health services administrator for the Washington DOC, said that since 1985, 7,604 WA DOC prisoners have been tested for the HIV virus and 135 have tested positive. Currently, the DOC claims there are 63 HIV positive prisoners in custody, …
Article • July 15, 1994 • from PLN July, 1994
Delay in Treatment States Claim by Dean Delker is an Oregon state prisoner. He filed suit under § 1983 seeking injunctive and monetary relief from prison officials who refused to authorize surgery to treat his inguinal hernia (this is a hole in the abdominal wall where the intestine pokes through; …
Prisoner Dies at Purdy by In the April, 1994, issue of PLN we reported Hallett v. Payne, a class action suit filed by prisoners at the Washington Corrections Center for Women (WCCW) at Purdy. The suit contends medical care is wholly inadequate to meet the medical needs of prisoners. On …
Article • July 15, 1994 • from PLN July, 1994
Photos Unlawful by Scott Lattany was a federal pretrial detainee representing himself pro se on criminal charges in Philadelphia. Lattany was taken from his cell to the jail parking lot where he and other prisoners were photographed by U.S. Marshalls. Lattany protested the picture taking as illegal and racist, one …
Suit Filed Against "Shoot to Wound" Policy by Suit Filed Against "Shoot to Wound" Policy The American Civil Liberties Union's National Prison Project, based in Washington, D.C., and Reno attorney Donald Evans filed a class action lawsuit in the U.S. District Court on May 16th, 1994 against the governor of …
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