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Article • December 20, 2017
California Prisoner Settles Claim of Cruel and Unusual Punishment by Christopher Zoukis by Christopher Zoukis A California prisoner held at Pelican Bay State Prison has agreed to settle a case in which he alleged that he had been subject to cruel and unusual punishment and deliberate indifference to a serious …
Anderson v. County of Contra Costa, CA, Settlement, Wrongful Death - Medical Neglect, 2017 ,. f FULL AND FINAL RELEASE AND SETTLEMENT AGREEMENT This Full and Final Release and Settlement Agreement ("Agreement") is entered into as of the date it is fully executed by the parties hereto, as defined below, …
Virginia Mentally-Ill Man’s Death by Deterioration in Jail Cell Exhibits Policy Failures by David Reutter by David M. Reutter The death of a mentally-ill Virginia man jailed on a misdemeanor and confined in isolation while awaiting transfer to a psychiatric hospital exhibits the folly of current policies in dealing with …
Article • December 14, 2017
Deference to Prison Officials Jury Instruction Improper in Medical Care Case by The Ninth Circuit Court of Appeals issued an opinion in a prisoner’s civil rights action that made significant holdings in regards to jury instructions. First, it held that when a pro se litigant fails to object to a …
Article • December 14, 2017
Ninth Circuit: Merits Decision Excuses Procedurally Flawed Exhaustion by Mark Wilson by Mark Wilson The United States Court of Appeals for the Ninth Circuit held that a prisoner who fails to comply with prison grievance procedural requirements nevertheless exhausts administrative remedies if prison officials deny the grievances on the merits. …
Brief • December 12, 2017
Choquette v. DuVall, WA, Report-Recommendation, Medication Revoked, 2017 Case 3:15-cv-05838-BHS-JRC Document 108 Filed 12/12/17 Page 1 of 18 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 ETIENNE L. CHOQUETTE, Plaintiff, 11 12 13 14 CASE NO. 3:15-cv-05838-BHS-JRC REPORT …
Article • December 7, 2017
Filed under: Failure to Treat
California Prisoner's Claim of Untreated Tooth Pain Survives Summary Judgment by Lonnie Burton by Lonnie Burton On September 16, 2014, United States District Judge William Alsup, sitting in the Northern District of California, issued an order granting in part and denying in part a motion for summary judgment filed by …
Article • December 7, 2017
$61,500 Settlement in Death of a Federal Prisoner by The Federal Bureau of Prisons (BOP) agreed to a $61,500 settlement in a 28 U.S.C. §1331 civil suit filed by a federal prisoner, substituted by his family as plaintiffs after the alleged wrongful death of the prisoner. The initial complaint alleged …
Brief • December 7, 2017
Partridge v. Pelle, CO, Complaint, 2017 Case 1:17-cv-02941 Document 1 Filed 12/07/17 USDC Colorado Page 1 of 43 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. _________ RYAN PARTRIDGE, Plaintiff, v. JOE PELLE, in his official capacity as Boulder County Sheriff; BRUCE HAAS, in …
Article • December 5, 2017 • from PLN December, 2017
Filed under: Failure to Treat
Tenth Circuit Reinstates Suit over Failure to Provide Medical Treatment to Oklahoma Arrestee/Prisoner by Matthew Clarke by Matt Clarke On January 23, 2017, the Tenth Circuit Court of Appeals reversed in part a district court’s grant of summary judgment to an Oklahoma state trooper and jailers who failed to obtain …
Article • December 5, 2017 • from PLN December, 2017
Tennessee: High Cost of Drugs Cited as Reason to Deny Prisoners Hep C Treatment by David Reutter by David M. Reutter Tennessee prison officials “turn a blind eye” to the medical needs of prisoners infected with the hepatitis C virus (HCV), a class-action lawsuit filed in July 2016 alleges. While …
Article • December 5, 2017 • from PLN December, 2017
Missouri Town Pays $1.2 Million to Settle Lawsuit over Jail Suicide by Lonnie Burton by Lonnie Burton On March 13, 2017, the city of Pagedale, Missouri agreed to pay $1.2 million to the family of a woman who hung herself at the city jail two-and-a-half years earlier. The resolution of …
Article • December 5, 2017 • from PLN December, 2017
Seventh Circuit: District Court Erred in Dismissing Prisoner’s § 1983 Suit for Failure to Exhaust by Lonnie Burton by Lonnie Burton The Court of Appeals for the Seventh Circuit has reversed a district court’s order dismissing a Wisconsin state prisoner’s 42 U.S.C. § 1983 lawsuit on the grounds that he …
Article • December 5, 2017 • from PLN December, 2017
Seventh Circuit: Corizon May be Liable for Failure to Coordinate Medical Care by Matthew Clarke by Matt Clarke On February 21, 2017, the Seventh Circuit Court of Appeals, in an en banc ruling, held that Correctional Medical Services, Inc. (now known as Corizon Health) may be held liable for deciding …
Article • December 5, 2017 • from PLN December, 2017
Judge Orders Florida DOC to Immediately Start Treating Prisoners with HCV by Derek Gilna by Derek Gilna For many years, the Florida Department of Corrections (FDC) has largely denied treatment to prisoners infected with hepatitis C – a blood-borne disease that can have serious long-term health effects. In doing so, …
Brief • December 5, 2017
Filed under: Failure to Treat
Mkrtchyan v. Sacramento, CA, Complaint, 2017 Case 2:17-cv-02366-TLN-KJN Document 4 Filed 12/05/17 Page 1 of 34 1 2 3 4 Patrick H. Dwyer, SBN 137743 P.O. Box 1705 Penn Valley, CA 95946 Tel: (530) 432-5407; Fax: (530) 432-9122 Email: pdwyer@pdwyerlaw.com Attorney for Plaintiff Aram Mkrtchyan IN THE UNITED STATES DISTRICT …
Austin v. Correct Care Solutions, VA, Amended Complaint, Wrongful Death, 2017 Case 2:17-cv-00291-RJK Document 79-1 Filed 12/04/17 Page 1 of 101 PageID# 1128 UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Norfolk Division JOE AUSTIN AND MICHELLE WILSON, CO-ADMINISTRATORS OF THE ESTATE OF HENRY CLAY STEWART, Deceased, Plaintiffs, …
Article • December 1, 2017
$175,000 Jury Award For Deliberate Indifference Leading to Detainee's Death by Christopher Zoukis by Christopher Zoukis A federal jury awarded the estate of a man who died in an Oklahoma jail $175,000 for violation of the deceased's constitutional rights. Charles Holdstock, a 63-year-old attorney, was charged with child molestation in …
Brief • December 1, 2017
Filed under: Failure to Treat
Ames v. County of San Bernardino, CA, Claim, Denial of Medical Care, 2017 CLAIM AGAINST COUNTY OF SAN BERNARDINO {CLAIM FORM MUST BE FILLED OUT PROPERLY OR CLAIM WILL BE RETURNED WITHOUT FIUNG) DATE: 11/27/2017 Claim Is her&by made against the treasury of the County of San Bernardino, State of …
Brief • November 28, 2017
Filed under: Medical, Failure to Treat
May v. Mahone, Opinion, Prisoner Medical,2017 In the United States Court of Appeals For the Seventh Circuit ____________________ No. 15-3395 FLOYD MAY, Plaintiff-Appellant, v. SYLVIA MAHONE, et al., Defendants-Appellees. ____________________ Appeal from the United States District Court for the Northern District of Illinois, Eastern Division. No. 1:11-cv-07503 — John W. …
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