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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 …
Article • September 15, 1995 • from PLN September, 1995
Spitting by HIV+ Prisoner Results in Attempted Murder Conviction by Paul Wright By Paul Wright Curtis Weeks, an HIV+ Texas prisoner, spit on a guard and was convicted of attempted murder. PLN rarely reports on criminal law cases and even more rarely do we do so under a by line. …
Article • September 15, 1995 • from PLN September, 1995
Medical Care Ordered by If a prisoner sustains a serious injury they are entitled to competent medical attention. Richard Sappington is a Texas state prisoner. He injured his foot playing basketball and x-rays revealed multiple fractures in the foot. The prison hospital lacked resources to treat the injuries and his …
Detainee Entitled to Medical Care by The mere fact that a prisoner is "seen" by a doctor does not, by itself, constitute "medical care." Terry Guidry was a pretrial detainee in the Jefferson County Detention Center in Texas when he got into a fight with another prisoner. Instead of trying …
Diabetic Sues for Meals by Prisoners with medical conditions are entitled to special diets if needed to avoid illness. Robert Taylor is a diabetic and an Illinois state prisoner. His medical condition requires that he receive a special diet to insure that he receives the proper amount of sugars and …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
Qualified Immunity RA Defense by The court of appeals for the eighth circuit has held that the affirmative defense of qualified immunity is available to government officials sued under the Rehabilitation Act (RA), 29 U.S.C. '794(a). McKinley Lue is a blind Missouri state prisoner who filed suit claiming he was …
Article • August 15, 1995 • from PLN August, 1995
8th Amendment Discussed by In a lengthy ruling a district court in Iowa gave an extensive discussion of the history of the eighth amendment and numerous cases regarding its application to medical neglect cases. This case is useful not so much for the facts or issues presented in the underlying …
Police, Death and Inquests by Adrian Lomax David Urban, 35 years old, was serving a 30-day sentence in the Winnebago County Jail in Oshkosh, Wisconsin, when, at 1:00 pm on January 13, he began complaining to guards that he felt ill and needed medical attention. The sheriff's deputies who run …
Pelican Bay Ruling Issued by One prisoner publication hailed it as "A Moral Victory for Prisoners." The headline in a correctional trade magazine proclaimed "State Wins Pelican Bay Suit." Interpreting the 345-page Madrid v. Gomez opinion is difficult at best, and as shown by the contrasting headlines above, a reader's …
Article • July 15, 1995 • from PLN July, 1995
Dismissal for Failure to Amend Complaint Reversed by The court of appeals for the second circuit has held that a pro se prisoner's complaint should not be dismissed for failure to file a clear and concise complaint, failing to comply with the pleading requirements of Federal Civil Procedure and for …
Article • July 15, 1995 • from PLN July, 1995
Private Physician Subject to Section 1983 Liability by Private physicians who show deliberate indifference to prisoners serious medical needs may be sued under 42 U.S.C. § 1983 even though they are not prison employees. With the increased trend of prison systems contracting out prisoner medical care this fourth circuit decision …
PA Class Action Settlement Published by The October, 1994, issue of PLN reported that on August 12, 1994, attorneys representing all Pennsylvania state prisoners had reached a settlement with prison officials of that state regarding almost every aspect of prison conditions in that state. The district court has published the …
Article • July 15, 1995 • from PLN July, 1995
Health Problems in WY by We have a new Health Service provider that took over from the state. They worry about costs over and above prisoners' health care. The name of the provider is Wexford Health Services, Inc. Their home office address is 4500 PGA Blvd. Suite 302, Palm Beach, …
Brief • July 11, 1995
Filed under: Medical, Failure to Treat
Traweek v. WA DOC, WA, Affidavit, Health Care Neglect, 1995 fPJlE~1E8 WlErm JUL 11 1995 1 PERSONNEL: APPEALS SOARD 2 3 BEFORE THE PERSONNEL APPEALS BOARD 4 STATE OF WASHINGTON ) BEVERLY TRAWEEK, ) ) ) Appellant, ) v. ) ) DEPARTMENT OF CORRECTIONS, NO. RED 95-0036 AFFIDAVIT OF SERVICE …
Turner Applied to Rehabilitation Act Claims by Prisoners at the California Medical Facility (CMF) in Vacaville filed a class action suit challenging the adequacy of medical care and the overall treatment afforded to prisoners at the facility, especially those who were HIV positive or had AIDS. Before trial the parties …
DOJ Sues MT DOC by On December 1, 1994, the federal Department of Justice (DOJ) sued the Montana Department of Corrections about overcrowding, safety and health problems in the Montana DOC. This lawsuit comes after an earlier suit against the Montana DOC filed by the ACLU was settled by the …
Article • May 15, 1995 • from PLN May, 1995
Filed under: Medical, HIV/AIDS
Alert: Danger in Using Bleach to Clean Needles by David Gilbert The standard method to clean injection drug equipment that has been widely promoted turns out NOT to work. The three squirts in and out with household bleach (10% solution) followed by three squirts in and out with water looked …
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