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Article • March 15, 1992 • from PLN March, 1992
Prisoner Must Be Informed of HIV Status by Prisoner Must Be Informed Of HIV Status Tyrone McIlwain was a Virginia prisoner who overdosed on heroin and was taken to the Prince William hospital emergency room for treatment. Without his knowledge or consent, blood tests were performed which revealed he was …
Detainee's Beating is Cruel and Unusual by Detainee's Beating Is Cruel And Unusual Marcus Miller was a detainee in the Tulsa, OK, jail when he was ordered out of the jail law library. Miller refused and jail guards knocked him to the floor, handcuffed him and put him in a …
Article • February 15, 1992 • from PLN February, 1992
Caring Captors? by By Robert Pierce A recent issue of the Cincinnati Enquirer contained an article in which Mid-Western law enforcement officials were complaining about the increasing cost of providing health care to prisoners in county jails. One sheriff, Tim Bivins of Lee County, Illinois, had what he thought was …
Article • January 15, 1992 • from PLN January, 1992
Canadian Officials May End Ban on Sex Between Prison Inmates by Rod Mikleburgh Canadian Officials May End Ban On Sex Between Prison Inmates by Rod Mickleburgh Toronto Globe and Mail TORONTO - Canadian federal corrections officials are considering an end to the ban on sex between prisoners, in light of …
Article • January 15, 1992 • from PLN January, 1992
Filed under: Medical, Tuberculosis
Deadly Strain of TB Found in New York Prisons by Deadly Strain Of TB Found In New York Prisons [Editor's Note: The following article is reprinted from the November 15, 1991, issue of "The Colombian."] A virulent new strain of tuberculosis has killed 12 inmates and one guard in the …
Article • January 15, 1992 • from PLN January, 1992
HIV-Positive Cons Win Partial Victory by In a significant victory for prisoners who have been tested positive for the Human Immunodeficiency Virus (HIV), the virus that causes AIDS, the U.S. Court of Appeals for the Eleventh Circuit reversed a lower court order in a case that had challenged the prisoners' …
Article • January 15, 1992 • from PLN January, 1992
Federal Prisoner Gets Medical Records by A federal prisoner filed a request for his medical records under the U.S. Privacy Act, 5 U.S.C. 552a. The Bureau of Prisons (BOP), released 56 pages of the prisoner's medical file, but withheld the remaining 66 pages of files, which contained the evaluations and …
Prison's TB Response Legally Inadequate by Prisoners at a Minnesota correctional facility filed a class action lawsuit challenging the tuberculosis screening and control procedures at the prison as so inadequate that they constituted cruel and unusual punishment in violation of the eighth amendment. The trial court agreed with the inmates, …
Court Supports Supervisory Liability Claim by James Johnson, a prisoner at the Cummins Unit of the Arkansas Department of Corrections, appealed from the district court's dismissal of his §1983 complaint. The complaint alleged that Johnson suffered an inguinal hernia, which was diagnosed in January 1984. The prison doctor recommended surgery …
No Minimum Wages for Convicts by No Minimum Wages For Convicts Prisoners are not entitled to minimum wages or overtime pay, according to a federal appeals court. Prisoners who worked in the plasma program operated by a private company (Cutter Biological) on prison grounds sued, asserting that they were covered …
Article • November 15, 1991 • from PLN November, 1991
Pelican Bay News by Hello from Pelican Bay State Prison - SHU. I have some legal news. The following prisoners, Bwana Millon, James X. Williamson, Thomas Fetters, and Nicholas X. Delamat have joined in a writ of mandamus petition in state superior court, county of Del Norte (case no. 91-141-X). …
Article • November 15, 1991 • from PLN November, 1991
Sheriff Can't Release AIDS Test Results by Sheriff Can't Release Aids Test Results While awaiting transfer from a county jail to an Alabama prison, a convicted prisoner was given the opportunity to voluntarily submit to an AIDS test. he did so, but only after being assured by the county health …
Article • October 15, 1991 • from PLN October, 1991
Filed under: Medical, HIV/AIDS
AIDS In Prison: The New Death Row by Heather Rhoads By Heather Rhoads [Note: The following article originally appeared in the September 1991 issue of The Progressive magazine. It was edited for length by Ed Mead.] Prison AIDS wards are being called the new death row. A 1987 study by …
Article • June 15, 1991 • from PLN June, 1991
Filed under: Medical, HIV/AIDS
Prisoner With AIDS Care Found Lacking by The national commission on AIDS has concluded a study of AIDS in prisons and jails with the finding that "the situation today for many prisoners living with [the AIDS] disease is nothing if not 'cruel and unusual.'" After visiting prisons, holding a fact-finding …
Mere "Institutional Security" Claim Not Enough by Mere "Institutional Security" Claim Not Enough A former prisoner of the Nevada State Prison brought a federal civil rights complaint against guards claiming that his fourth, eighth and fourteenth amendment rights were violated. He contended the violation occurred when guards forced him to …
Article • June 15, 1991 • from PLN June, 1991
New Report Cites Higher Rates of HIV Infection Among Inmates by The virus that causes AIDS may be more common among prison and jail inmates, especially women, than previously thought, according to a new study based on testing of nearly 11,000 inmates entering 10 prisons and jails between mid-1988 and …
Article • June 15, 1991 • from PLN June, 1991
Medical Care by A former federal prisoner with diabetes was awarded $500,000 for failure to prison medical staff to provide proper diagnosis and treatment of foot infection which let to below-the-knee amputation of his right leg. The prisoner brought suit against the U.S. pursuant to the Federal Tort Claims Act, …
Article • May 15, 1991 • from PLN May, 1991
Medical Care Chilling At Purdy by TE L The Clinic had me pretty stressed out the last couple of days. My arm, where the stitches were, are starting to form blisters, and to me that is not normal. My belief is that it should be healing - not blistering and …
Article • March 15, 1991 • from PLN March, 1991
Disclosure of AIDS Condition Violates Right to Privacy by Disclosure Of AIDS Condition Violates Right To Privacy The federal district court in New Jersey ruled that disclosure of a person's medical condition, especially exposure to or infection with HIV (the virus suspected of causing AIDS), is disclosure of a "personal …
Deliberate Indifference Demonstrated by Proof of prison administrators' "consistent pattern of reckless or negligent conduct" in providing prisoners with medical care is enough to establish the deliberate indifference to prisoners' serious medical needs necessary to make out an Eighth Amendment violation and hence to subject the officials to civil liability. …
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