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Florida Prisoner Sues for Contracting HIV by David Reutter by David M. Reutter Florida prisoner Richard James Randles filed simultaneous state and federal lawsuits alleging guard B.D. Hester ordered him, on three separate occasions, to clean up blood from other prisoners who had accidentally wounded themselves or attempted suicide at …
CCA Medical Cost-Saving Contract Unconstitutional by A Tennessee federal district judge as found an incentives contract between the Corrections Corporation of America (CCA) and a private doctor unconstitutional and must be stopped. The contract provided for financial incentives for the physician to reduce costs, which motivated him to reduce medical …
New Jersey Detainees Entitled to Medical Care by A federal district court in New Jersey held that material issues of fact precluded summary judgment on a former prisoner's claim that he was denied adequate medical care. The court also rejected defendants' claim of qualified immunity. Dana Andrews, a former prisoner …
Article • February 15, 2001 • from PLN February, 2001
Yeskey Dismissed on Remand by In the September, 1998 issue of PLN we reported Pennsylvania DOC v. Yeskey, 118 S.Ct. 1952 (1998) in which the United States supreme court held that prisons and jails are included in the coverage of the Americans with Disabilities Act, (ADA) 42 UJ.S.C. S 12131-12165. …
FTCA Claims May Be Brought Only Against U.S. by A federal district court in North Carolina held that Federal Tort Claims Act (FTCA) claims could be brought against the United States, but not against the Federal Bureau of Prisons (BOP), a correctional institution, or the institution's medical staff. The court …
Dismissal of Medical Claim Reversed After Prisoner's Death by The Court of Appeals for the Tenth Circuit held that a district court erred when it dismissed a lawsuit, filed by the estate of a Wyoming prisoner, that claimed prison officials showed a deliberate indifference to his medical needs relating to …
Tainted Plasma Traced to Arkansas Prison: Bill Clinton's Blood Trails by St Clair, Jeffrey by Jeffrey St. Clair The year Bill Clinton became governor of Arkansas, the Arkansas state prison board awarded a hefty contract to a Little Rock company called Health Management Associates (HMA). The company got $3 million …
U.S. Supreme Court Rules That ADA Applies to Prisoners by Paul Wright By Paul Wright On June 15, 1998, a unanimous United States supreme court held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12132, applies to prisoners. In doing so the court resolved a split between the …
Article • April 15, 1998 • from PLN April, 1998
Third Circuit Applies ADA to Prisoners; Supreme Court Grants Review by The court of appeals for the third circuit held that the Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, applies to state prisoners. The supreme court later granted review to decide whether the ADA applies to state prisoners. …
Prisoner's Death Throws Utah DOC into Turmoil by On March 19, 1997, Michael Valent--a schizophrenic prisoner housed in the mental health wing of a Utah prison--died while confined in a "restraining chair." Valent was strapped into the device for 16 hours without a break, his arms and legs immobilized. Preliminary …
Article • June 15, 1997 • from PLN June, 1997
BOP Owes Duty of Care to Prisoners by The court of appeals for the third circuit held that the Bureau of Prisons (BOP) owes federal prisoners a duty of care and that a district court erred in ruling otherwise. Rother Jones is a federal prisoner who filed a negligence suit …
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