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The ACLU Takes Indiana Prison Officials to Court by Mentally ill prisoners shackled to their beds, sick prisoners denied treatment, indigent prisoners forced to pay for medication or do without -- these and other deplorable conditions at the Westville Correctional Center have forced attorneys for the prisoners to return to …
Article • July 15, 1994 • from PLN July, 1994
Filed under: Medical, HIV/AIDS
HIV+ Cellmate Doesn't State Claim by This is yet another addition to the growing area of HIV/AIDS in prison case law. Andrew Marcussen is an Iowa state prisoner. He filed suit claiming prison officials were deliberately indifferent to his safety by assigning an HIV+ prisoner to his cell, thus, he …
Article • June 15, 1994 • from PLN June, 1994
RICO Expanded by Supreme Court by Ray Luc Levasseur On January 24, 1994 the U.S. Supreme Court unanimously ruled that the Racketeering Influenced Corrupt Organizations (RICO) law does not require proof of economic motive, National Organization of Women, et. al. v. Joseph Scheidler, et. al. The court's decision clears the …
Article • June 15, 1994 • from PLN June, 1994
Guards Have Duty to Protect Prisoners by Oscar Williams is a Missouri state prisoner. He was assaulted and beaten by two other prisoners in his dormitory. The guard on duty at the time, Clarence Davis, witnessed the attack but did not intervene. When Williams attempted to escape his assailants Davis …
Intake Center Prisoners Have Right of Access to Courts by After conviction and sentencing, Oregon prisoners are taken to the Oregon Corrections Intake Center (OCIC) which conducts an initial assessment and classifies the prisoner to the prison he/she will ultimately be sent. The average stay is between four to twelve …
Article • May 15, 1994 • from PLN May, 1994
Medical Claims Standards Discussed by Ronald Brewer is an Iowa state prisoner. He suffers from coronary artery disease. Employees of Correctional Medical Services (CMS), a contractor with the Iowa DOC, prescribed medicine for Brewer's illness but the treating doctor made an error in the dosage. Brewer filed suit claiming that …
Jail Sued Under ADA by In 1990 Congress passed the Americans with Disabilities Act (ADA), 42 U.S.C. § 12131-12134, which prohibits discrimination against the disabled by public services. Readers will note that this law applies to prisons and jails who can be sued for failing to provide disabled prisoners with …
Washington Litigation Update by Access to the Courts: Prisoners at WCC, TRCC, MICC and WSP have filed suit concerning DOC policies, rules and practices which restrict their right of access to the courts. Scott v. Peterson , Case No. C92-5232B, filed in US District Court in Tacoma, is a consolidation …
BOP Suits Require Administrative Exhaustion by John Rourke is a federal prisoner. He filed suit seeking injunctive relief alleging that prison officials had denied him medical care and arbitrarily imposed disciplinary sanctions against him. The district court dismissed the suit without prejudice as frivolous, before service on the defendants, holding …
Article • April 15, 1994 • from PLN April, 1994
Ad Seg as Punishment Unlawful by Ad Seg As Punishment Unlawful Greg Stevens is an HIV+ Arkansas state prisoner, he is also missing a finger. Due to his medical condition he received a medical limitations slip which prohibited him from working in the prison fields. He reported to work in …
Article • April 15, 1994 • from PLN April, 1994
Detainees Have Right to be Vermin Free by Two federal pretrial detainees housed under contract in the Allegheny County Jail (ACJ) in Pennsylvania sued jail officials for a wide variety of ailments affecting jail prisoners. Among the issues they filed suit on were: inadequate ventilation, extreme temperatures, excessive noise, use …
Voices from the Chowchilla Women's Prison by Judy Greenspan Women in prison are entitled to the same community standard of care that people have outside. However, just the opposite is true at the Central California Women's Facility at Chowchilla, California (CCWF). The CCWF is probably the largest women's prison in …
Brief • March 11, 1994
Bell v. Pride, Complaint, Fl, Work Injury, 1994 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR LEON COUNTY, FLORIDA .-0 rlL..' f— GENERAL JURISDICTION DIVISION. CASE NO. q tj, - 11 0 --- --1 —.. . . ••-• r ! : e p •:...: ,-.D. ,.... …
Delay of Medical Care States Claim 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 the …
Article • February 15, 1994 • from PLN February, 1994
City Liable for Negligent Medical Care by Sean Simpkins was a pre-trial detainee in New York City. While in custody he was taken to the city owned hospital at Bellevue for sinus surgery. Instead of operating where indicated by a CAT scan the doctor operated on the wrong sinus resulting …
Ninth Circuit Upholds Ban on Attorney Contact Visits by This is a class action suit filed by Arizona state prisoners. They sued on two issues. First, they contend that the Arizona DOC's policy and practice of banning all contact visits between prisoners and their attorneys at various prisons violates their …
Article • January 15, 1994 • from PLN January, 1994
Conditions Habeas Requires Administrative Exhaustion by Raleigh Irby is a prisoner at the federal Metropolitan Correctional Center (MCC) in Chicago. He petitioned the district court for release under 28 U.S.C. § 2241 (the habeas corpus statute) because he was not receiving adequate medical treatment for severe congenital disk disease. The …
BOP Must Disclose Program Statement by George Cowsen-El is a federal prisoner at Marion, Illinois. He filed a Freedom of Information Act (FOIA) request with the Bureau of Prisons (BOP) seeking disclosure of BOP program statement 5511.2, which deals with stand up counts. He also sought disclosure, under the Privacy …
Law of Medical Treatment Explained by Ed Mead By Ed Mead Case Goes to Trial Over $12.40 Pair of Glasses Aprisoner at the Iowa State Penitentiary (ISP), Dean Benter, filed a suit under 42 U.S.C. § 1983, alleging he was subjected to cruel and unusual punishment in violation of the …
Article • January 15, 1994 • from PLN January, 1994
Court Declines to Define "Frivolous" Suits by Anthony Brown is a Maryland state prisoner. After telling prison medical staff he had already been vaccinated, he was given another tuberculosis inoculation and broke out in a rash. Brown filed suit under §<%0> 1983 claiming that the vaccination violated his eighth amendment …
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