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Article • July 15, 2007 • from PLN July, 2007
The New Asylum: Supermax as Warehouse for the Mentally Ill by David C Fathi by David C. Fathi1 The prison industry, like any other, has its fashions. And in the 1990s, "supermax" prisons were a raging fad. According to Chase Riveland, former secretary of corrections in Washington and Colorado, [t]hey …
A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE by A RE-BIRTH FOR CIVIL RIGHTS LITIGATION: USING THE AMERICANS WITH DISABILITIES ACT TO OVERCOME SECTION 1983 HURDLES AND HOLD GOVERNMENT AND POLICE ACCOUNTABLE A Review of …
Delaware Forced to Clean-up Medical Care by DOJ Settlement by David Reutter by David M. Reutter After a nine-month investigation, the U.S. Department of Justice (DOJ) issued a report finding prisoners in four Delaware prisons ?suffer harm or are placed at the risk of harm from constitutional deficiencies in certain …
Article • June 15, 2007 • from PLN June, 2007
Suicides Plague Wisconsin Jails; Attempted Suicide Suit Settles for $13.1 Million by Matthew Clarke by Matthew T. Clarke There has been a rash of suicides in Wisconsin jails, including six in 2005 and four in the first half of 2006. One jail, in LaCrosse County, experienced prisoner suicides in 1997, …
Locklear v. Marlboro County, SC, Exhibit 12 - Contract Between SHP and Charles Bush, Wrongful Death - Medical Neglect, 2007 Exhibit 1 PHYSICIAN INDEPENDENT CONTRACTOR AGREEMENT between Southern Health Partners, Inc. and CHARLES A. BUSH, M.D. THIS AGREEMENT IS MADE AND ENTERED INTO this 1ST day of July, 2001, between …
Article • May 15, 2007
Eleventh Circuit: Florida Jail Officials Immune in Juvenile's Suicide by In this case involving the suicide of a juvenile in the Okaloosa County (Florida) jail, the U.S. Eleventh Circuit Court of Appeals held that the sheriff and a jailer were entitled to qualified immunity. Dustin Molbert, a juvenile who was …
Article • May 15, 2007
Georgia: Sheriff, Jail Personnel Not Liable in Prisoner's Suicide by In this civil rights action brought by the parents of a county prisoner who committed suicide, the Court of Appeals of Georgia affirmed a superior court's grant of summary judgment in favor of the sheriff and jail officials. After confessing …
Article • May 15, 2007
California Settles Inadequate Psychiatric, Medical Care Suit for $1.5 Million by On May 16, 1996, the State of California agreed to settle for $1.5 million a lawsuit arising from the attempted suicide of a 21-year-old prisoner who was left permanently disabled. Though the plaintiff was known to be suicidal, prison …
Texas Suicide Suit Alleging Medical Malpractice Settles For $288,130 by On June 23, 1993, a lawsuit arising from the suicide death of a prisoner in the Jefferson County (Texas) Detention Center settled for $288,130. The suit had alleged that STAT Care, the jail's contract medical provider, failed to properly screen …
Article • May 15, 2007
Federal Prisoner's Estate Awarded $78,000 for Suicide by In July 1998, a federal court awarded $78,000 to the estate of a prisoner who committed suicide at a federal prison in Missouri. The estate claimed in the lawsuit that prison medical personnel failed to provide medication for the decedent's known depression. …
Article • May 15, 2007
Philadelphia Settles Negligent Supervision Suit for $3.5 Million by Michael Rigby On November 19, 2004, the City of Philadelphia, Pennsylvania, agreed to pay $3.5 million to a former prisoner who suffered permanent brain damage as a result of his failed suicide attempt in a city jail. In 1999 Christopher Foster, …
Article • May 15, 2007
NY Jail Must Release Suicide Reports by The New York Supreme Court ordered the director of the Suffolk Count Jail to release reports concerning a prisoner suicide to the New York State Commission of Correction, (Commission). On November 7, 2003, a prisoner at the Suffolk County Jail was found hanging …
Article • May 15, 2007
Jail Not Liable for Understaffing That Results in Suicide by The decedent committed suicide in jail; he was identified as suicidal on intake. He was placed in the "special needs" cell (formerly the drunk tank), which was supposedly monitored every 15 minutes, where he hanged himself. The court grants summary …
Article • May 15, 2007
PHS Avoids Liability in Maine Prison Suicide by The decedent committed suicide in prison. The court refuses to draw an adverse inference against the medical defendants from missing records because almost all of them were from a period later than when they had any dealings with the decedent, and the …
Article • May 15, 2007
Court Rejects Attempted Suicide Claim by Indiana Jail Prisoner by The plaintiff was arrested after a one-car accident in a car containing whiskey, a loaded shotgun, and a suicide note, though he denied that running his car into a tree at 85 miles an hour was a suicide attempt, and …
Article • May 15, 2007
Michigan County Settles Suicide Suit For $150,000 by In January 1997, Eaton County, Michigan, paid $150,000 to settle with the estate of a woman who committed suicide in the county jail. While imprisoned in the Eaton County Jail in January 1995, Mullins, a wife and the mother of four minor …
Understaffed Jail Not Liable for Suicide by The decedent, arrested for DUI, told the arresting officer and a jail officer that his girlfriend recently hanged herself in another jail and that the other jurisdiction's police force did that to her. He told the admissions officer that if he had to …
Article • May 15, 2007
No Immunity in Kansas Jail Suicide by The decedent's mother notified the prison's second-shift supervisor that her son had threatened suicide; he directed a search of the decedent's cell, where a tear-stained suicide note was found. The supervisor ordered him placed on suicide watch and moved to a "hard lockdown" …
Article • May 15, 2007
Louisiana Sheriff Denied Qualified Immunity in Detainee's Suicide by The Fifth Circuit issued a mixed ruling after Louisiana Sheriff's officers appealed the denial of qualified immunity on a jail suicide matter. In August 1996, Sheila Jacobs was arrested for attempted murder. Sheriff Bill Daniel was told that she had tried …
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 …
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