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Article • August 15, 2008
OH Mental Health Service Not Subject to Public Records Act by The state of Ohio created a mental health services board (Board) which was to contract with and govern private mental health providers to ensure that even indigents and the uninsured could receive mental health services. The Board in Stark …
California Rehabilitation Facilities Not Responsible for Escaped Residents’ Criminal Actions by California state residents Jasper Rice and Jennifer Asbury (plaintiffs) appealed the dismissal of their negligence action against Center Point, Inc. and Humbolt Recovery Center (defendants). Four of the defendant’s residents had escaped from the rehabilitation facility and stabbed the …
PA Prisoner’s Civil Rights Action Viable Because Factual Dispute Exists by Vincent Cortlessa, a Pennsylvania state prisoner, sued guards and Primecare Medical, a private health care company, in federal district court after the guards beat him and the health care company failed to provide adequate care. He argued that these …
CCA Fined $140,000 for Early Release of Prisoners at FL Jail; Quits Contract by The nation’s largest private prison firm, Corrections Corporation of America (CCA), has once again upset county officials by repeatedly failing to control vital jail operations. The company responded by discontinuing its contract to operate the facility. …
Article • July 15, 2008
$50,000 Jury Award To Massachusetts Nurses Wrongfully Discharged By Correctional Medical Services by Two Massachusetts nurses, Fitzgerald and Landry, brought suit against Correctional Medical Services (CMS) for defamation of character after being fired over baseless accusations of one alleged eyewitness. The jury awarded them $50,000 collectively. After holding a door …
Article • July 15, 2008
Florida Contractors Providing Government Services Bound By Public Records Act by Miami Dade County (Florida) created contractor, Dade Aviation Consultants (DAC), appealed a court order to produce records to Knight Ridder, Inc. The records pertained to a lobbyist group hired to assist their renovation of Miami International Airport. The order …
Article • July 15, 2008
Florida Textbook Retailer Ordered To Provide Competition With Trade Secrets by Florida textbook retailer, Booksmart, appealed a court ruling denying them documents from Barnes & Noble (B&N) regarding student correspondence needs. The ruling was reversed and the production ordered. B&N contracts on campus bookstores at Florida Atlantic and Florida International …
Georgia Suicide Claim Reinstated Against PHS by The Georgia Court of Appeals reversed the dismissal of a negligence claim against Prison Health Services, Inc. (PHS) stemming from a 17-year-old detainee’s suicide. The Court also concluded individual defendants were not entitled to official immunity, because they performed ministerial, rather than discretionary …
$2 Million Confidential Settlement In CCA Prisoner’s 2004 Beating Death Revealed by Alex Friedmann $2 Million Confidential Settlement In CCA Prisoner's 2004 Beating Death Revealed by Alex Friedmann PLN has previously reported on the death of Estelle Richardson, a mentally ill prisoner who died at the CCA-operated Metro-Davidson County Detention …
PHS Not Liable for Prisoner Attack on Nurses by The plaintiffs were nurses employed by Prison Health Services, Inc., and were attacked and beaten by a prisoner. The Supreme Court's decision in Collins v. Harker Heights overrules prior authority suggesting that there might be a special relationship supporting liability in …
City and Contractor Liable for Policy of Arresting and Seizing “Potentially Intoxicated” People by City and Contractor Liable for Policy of Arresting and Seizing "Potentially Intoxicated" People The plaintiffs were seized by the police and detained in a private detoxification facility in a different town, sometimes for days; they include …
No Liability for Shooting Suicidal, Armed Jail Prisoner by The plaintiff was arrested and tried to kill himself. He was handcuffed to a wall on the police station booking area for observation, and set fire to his clothing while so restrained. He expressed more suicidal thoughts at the hospital where …
Article • May 15, 2008
No CMS Liability for Denying Treatment for Dislocated Shoulder by The plaintiff said he dislocated his previously injured shoulder in his sleep. At 511: "For purposes of this case, it is undisputed that a shoulder dislocation causes great pain and is a serious medical need." The defendants were not deliberately …
AT&T Settlement Includes Fines, Reimbursement for Overcharging Recipients of Phone Calls From Washington Prisoners by Michael Rigby AT&T Settlement Includes Fines, Reimbursement for Overcharging Recipients of Phone Calls From Washington Prisoners by Michael Rigby Telephone service provider AT&T has agreed to reimburse the families and friends of Washington prisoners who …
Article • February 15, 2008 • from PLN February, 2008
Spectrum Health Systems Pays Massachusetts $7.5 Million for Fraud in Concert with Civigenics by To settle charges that it misused state money, Spectrum Health Systems, Inc. has agreed to pay the State of Massachusetts $7.5 million. Spectrum is a nonprofit organization that provides treatment for substance abusers; the settlement was …
Article • January 15, 2008
Nebraska Tort Law Notice Inapplicable to Medical Contractor by In partially reversing a Nebraska federal district court's grant of summary judgment, the Eighth Circuit Court of Appeals has held the Nebraska State Tort Claims Act (NSTCA) does not apply to contracted medical service providers. That ruling came in the appeal …
Article • January 15, 2008
OH Mental Health Service Not Subject to Public Records Act by The state of Ohio created a mental health services board (Board), which was to contract with and govern private mental health providers to ensure that even indigents and the uninsured could receive mental health services. The Board in Stark …
PA Prisoner's Civil Rights Action Viable Because Factual Dispute Exists by Vincent Cortlessa, a Pennsylvania state prisoner, sued guards and a private health care company in federal district court after the guards beat him and the health care company didn't provide him with adequate care. He argued that these actions …
Bivens Action Inapplicable to Private Prison Employees by The Fourth Circuit Court of Appeals has held that individual employees of a privately-operated prison are not subject to Eighth Amendment liability under a Bivens action. Before the Court was the defendants' appeal of a North Carolina federal district court's denial of …
Article • December 15, 2007
Alabama Corporations Serving Municipalities Ordered to Comply With Open Records Act by The Water Works and Sewer Board (Board) of the City of Talladega, Alabama, appealed its court ordered subjection to records disclosure under the State's Open Records Act (Act). Consolidated Publishing, Inc. (Publisher), appealed the same ruling as to …
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