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Article • February 15, 2012
California Prisoner Settles Medical Indifference Claim for $8,500 by by Mark Wilson California prison officials have paid a prisoner $8,500 to settle his claims of deliberate indifference to his serious medical needs. On or about January 4, 2001, California state prisoner Kelvin Carver Johnson was confined at CSP-Solano. While eating …
Article • August 15, 2011 • from PLN August, 2011
Oregon Jail Pneumonia Death Lawsuit Settles for $905,000 by Mark Wilson The estate of a woman who died of pneumonia at the Multnomah County Detention Center (MCDC) in Portland, Oregon has agreed to settle a federal wrongful death suit for $905,000. Homeless heroin addict Holly Jean Casey, 36, was arrested …
Tenth Circuit: Cornell Corrections’ Procedural Defense To Federal Prisoner’s ETS Suit Fails On Inadequate Grievance Recordkeeping by John Dannenberg by John E. Dannenberg The Tenth Circuit U.S. Court of Appeals reversed the dismissal on summary judgment below and remanded to the U.S. District Court (D. N.Mex.) a pro per federal …
Inmate Accident Compensation Act Does Not Preclude Bivens Remedy by The Inmate Accident Compensation Act (IACA), 18 U.S.C. § 4126, does not preclude a federal prisoner from bringing a claim under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) for work-related injuries that …
Article • May 15, 2011
$943,000 Settlement for Family of Man Who Died in Courtroom by The family of a man who died in 2001 from an asthma attack has settled a 42 U.S.C. §1983 suit for $943,000. Robert L. Waters, Jr. collapsed in the well of D.C. Superior Court Judge Tim Murphy’s courtroom on …
$800,000 Settlement in Suit Over Diseases Caught at Maricopa County Jail by On December 12, 2005, a former Maricopa County Jail prisoner and his mother settled for $800,000 a suit alleging unsanitary conditions at the jail caused the former prisoner to become seriously ill and suffer permanent injuries. When he …
Article • March 15, 2011
Third Circuit Says Asthma May be Physical Injury by The Third Circuit Court of Appeals vacated a lower court’s dismissal of a federal prisoner’s Federal Tort Claims Act (FTCA) negligence claim for failing to show a sufficient physical injury under the Prison Litigation Reform Act (PLRA). Federal prisoner Mike Perez …
D.C. Department of Corrections Employee Exposed to Environmental Pollutants Settles for $10,000 by On July 18, 2006, the District of Columbia paid $10,000 to settle with a Department of Corrections employee who suffered respiratory illness after exposure to environmental pollutants. The suit, filed in the U.S. District Court for the …
California: State May Be Liable for Delaying Medical Care to Prisoner’s Infant Child by The California Court of Appeal has held that the State may be vicariously liable for the acts or omissions of its employees in failing to provide needed medical care for an infant living with its mother …
St. Louis Lockups Violate Constitutional Rights, ACLU Asserts by Mark Wilson A troubling investigative report by the American Civil Liberties Union of Eastern Missouri (ACLU-EM) has exposed a culture of abuse, corruption and cover-ups at the City Justice Center and the Medium Security Institution in St. Louis (CJC/MSI). The most …
Wexford Pays $300,000 in Illinois Prisoner’s Death by Wexford Health Services paid $300,000 last year to settle a lawsuit regarding the wrongful death of an Illinois prisoner who died in June 2003 after suffering an asthma attack. The complaint alleged Wexford failed to properly train and supervise its medical staff …
Article • September 15, 2010 • from PLN September, 2010
Suit Filed for Oregon Jail Pneumonia Death by Holly Jean Casey, a homeless 36-year-old heroin addict, lived a rough life and died an agonizing death on the floor of an Oregon jail cell on January 4, 2008. The day before she died, Casey was on her way to the hospital …
Article • May 15, 2010 • from PLN May, 2010
$99,999 Settlement for Michigan Prisoner Damaged by Second-Hand Smoke by A Michigan prisoner accepted $99,999 to settle a lawsuit for damages and injuries he suffered as a result of prison officials’ failure to follow medical prescriptions to house him in a non-smoking environment. Prior to being housed at Carson City …
$60,000 Settlement for Washington Prisoner Injured by Chemical Spill by The State of Washington paid $60,000 to settle a prisoner’s claim that he was injured due to a chemical spill. While working in the kitchen at the McNeil Island Correction Center, prisoner George D. Douglas reached for a chemical bottle …
Brief • March 10, 2010
Filed under: Respiratory
Mercado v. Barbee, et. al., CO., Court Order, Failure to Treat, Respiratory, 2010 Case 1:06-cv-02303-WYD -MJW Document 229 Filed 03/10/10 USDC Colorado Page 1 of 4 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Chief Judge Wiley Y. Daniel Civil Action No. 06-cv-02303-WYD-MJW RALPH MERCADO, Plaintiff, v. M. BARBEE, …
Settlement Promises Improvements at Baltimore City Jail by Matthew Clarke by Matt Clarke On August 18, 2009, a settlement was reached in a class-action lawsuit over conditions of confinement at the Baltimore City Detention Center (BCDC). The lawsuit dates back to 1971 and had been on the federal district court’s …
Article • November 15, 2009 • from PLN November, 2009
$395,000 Settlement in Los Angeles Jail Prisoner’s Lung Infection Death by The Los Angeles County Sheriff’s Office paid $395,000 to settle a lawsuit claiming it provided inadequate medical treatment to a prisoner, causing his death. The claim was brought by the estate of Michael Buford. When Buford, 32, was arrested …
Jail Guards Allowed to Assert Qualified Immunity Defense; Nurses Not by The Sixth Circuit Court of Appeals has reversed a Michigan federal district court’s decision that denied a group of jail guards qualified immunity in a case in which a prisoner died after complaining of chest pain and breathing problems. …
$4.6 Million Settlements in Death of Quadriplegic D.C. Prisoner by David Reutter by David M. Reutter When 27-year-old Jonathan Magbie entered the District of Columbia Jail to serve a 10-day sentence, he was a quadriplegic confined to a mouth-operated wheelchair. Four days later he was dead. D.C. Superior Court Judge …
$1,400 Settlement in WTO Protester’s Claim by Washington State’s King County Jail paid $1,390.62 to settle the claim of Philip E. Craft, who was arrested for protesting the WTO and was in jail from December 1 – 5, 1999. Craft alleged that prior to being arrested, he was pepper sprayed …
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