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Georgia Appeals Court Upholds $600,000 Judgment Against CMS by On July 5, 2001, the Court of Appeals of Georgia Upheld a trial court's $600,000 award to Stephanie Stitt, a former state prisoner, who suffered permanent nerve damage as a result of Correctional Medical Service's (CMS) egregiously inadequate treatment of her …
SICK ON THE INSIDE: Correctional HMOs and the Coming Prison Plague by By Wil S. Hylton When David Hannah walked into a small office on the second floor of the Moberly Correctional Facility in Moberly, Missouri, last fall, carrying his belly like a hundred-pound sack of sand, the staff knew …
Prison and CMS Liable for Prisoner's Asthma Death by The court of appeals for the Eleventh circuit held that Georgia prison officials were liable for a prisoner's death from asthma. The prison officials were deliberately indifferent to the prisoner's health and the prison lacked adequate medical facilities. That the Georgia …
Spoliation of Evidence May Imply Liability by A U.S. District Court in Maine held that the spoliation of relevant missing or tampered documents precluded summary judgment, and that certain supervisors were not liable to the estate of a deceased prisoner, but a clinical social worker and two prison guards were …
Article • May 15, 2007
Delay in Providing Surgery to Florida Prisoner States a Claim by A prisoner survived defendants' motion for summary judgment after the court found a genuine issue of material fact might exist as to whether a delay in treatment demonstrated deliberate indifference to a serious medical need. Seven prisoners from the …
Jury Need Decide Superintendents Liability in GA Prisoner's Death by This case was before the Eleventh Circuit Court of Appeals for the second time on a 42 U.S.C. §1983 action arising from the death, after a severe asthma attack, of a Georgia prisoner. The first appeal, Howell v. Evans, 922 …
Article • May 15, 2007
Eighth Circuit Upholds Judgment Against CMS For Delayed Dental Care by In an unpublished opinion filed on August 7, 2001, the U.S. Eighth Circuit Court of Appeals upheld a judgment against Correctional Medical Services (CMS) for failing to provide adequate dental care to a Missouri prisoner. While imprisoned in the …
Article • May 15, 2007
CMS Doctor Not Liable for Delaying Bone Graft by The plaintiff saw a specialist who said he needed a bone graft procedure immediately, and the prison doctor defendant recommended that he get it. Nine months later, the same specialist said there was no need for further evaluation or surgery, and …
Article • May 15, 2007
CMS Liable as State Actor For Denying HCV Care in NJ by The plaintiff complained about his medical care, reciting a long and tortured history of his treatment and non-treatment for Hepatitis A, B, and C, and rheumatoid arthritis that may or may not have been caused by it. The …
Article • May 15, 2007
Filed under: CMS, Civil Procedure, Parties
Grievance Must Name All Parties to Be Sued by Here the Sixth Circuit's "exhaust per defendant" rule is turned into a heightened pleading requirement. At 943: In his fifth objection, Plaintiff argues that Defendant Correctional Medical Services was named throughout all stages of the grievance process. However, the court finds …
Pro Se Suit against CMS and Aramark Dismissed by The plaintiff's release from prison moots his request for declaratory and injunctive relief. The plaintiff's claim for "emotional and psychological deterioration" resulting from bad prison conditions is barred by the PLRA mental/emotional injury provision. Some circuits have held that punitive damages …
Article • May 15, 2007 • from PLN May, 2007
Missouri Elective Abortion Ban Ruled Unconstitutional In Class Action by A federal court in Missouri held in a class action lawsuit that a prison policy barring elective abortions was unconstitutional and invalid. The Missouri Department of Corrections (DOC) and its medical provider, Correctional Medical Services (CMS), routinely transported women prisoners …
U.S. Supreme Court: Failure to Exhaust Remedies Is an Affirmative Defense Under the PLRA by John Dannenberg by John E. Dannenberg A unanimous U.S. Supreme Court held on January 22, 2007 that when a prisoner files an action governed by the Prison Litigation Reform Act (PLRA), the question of whether …
Plaintiff States Claim Against Private Medical Providers In § 1983 Action by Plaintiff States Claim Against Private Medical Providers In § 1983 Action The United States District Court for the District of Maine held that although a prisoner did not utter "the magic words 'policy and custom' in his" § …
$450,000 Award Against CMS, County In Death of Illinois Jail Prisoner by On May 16, 2002, a jury found Correctional Medical Services (CMS) of Illinois and Kane County liable for the death of Ethel Hare--a prisoner with chronic liver disease, hepatitis, and HIV--and awarded her estate $450,000. While imprisoned in …
Article • May 15, 2007
Missouri Attaches Prisoner's Award Against CMS, 8th Cir Remands by On July 28, 2003, the U.S. 8th Circuit Court of Appeals ordered a district court to reconsider whether the State of Missouri could confiscate a prisoner's judgment against a prison medical provider under the state's cost of incarceration statute. Acting …
Article • May 15, 2007
Missouri Prisoner's Allegation that Prison Doctor Ignored His Constant Complaints of Pain May State 8th Amendment Claim by Missouri Prisoner's Allegation that Prison Doctor Ignored His Constant Complaints of Pain May State 8th Amendment Claim In February of 2002, Robert Taylor, a Missouri state prisoner, injured his knee. A Correctional …
Court Rules on Consolidated Suits against CMS in New Jersey by The court disposes of summary judgment motions in 15 consolidated cases concerning medical care provided by Correctional Medical Services at East Jersey State Prison. The court grants summary judgment against nine of them (mostly because the prisoners got a …
Cleaning up Mississippi’s Supermax: Conditions Suit Settled by David Reutter Cleaning up Mississippi's Supermax: Conditions Suit Settled by David M. Reutter A class action lawsuit filed on behalf of prisoners at the Mississippi State Penitentiary at Parchman charged that the totality of conditions are so "hellish" that it makes "Unit …
Article • December 15, 2006 • from PLN December, 2006
Deplorable Delaware Prisoner Health Care; Another Prisoner Death Results by by David M. Reutter Despite mainstream media pressure, public outcry, and a federal investigation, the Delaware Department of Corrections (DDOC) continues to keep its head in the sand about prisoner health care. Not surprisingly, it has resulted in another prisoner's …
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