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Mississippi DOC Closes Unit 32 by A settlement agreement was reached in June 2010 to close the notorious Unit 32 at the Mississippi State Penitentiary in Parchman. The agreement provides for the dismissal of a lawsuit that challenged conditions at the supermax unit. The American Civil Liberties Union (ACLU), in …
Federal Prisoner’s Death at FCI Pekin Triggers FBI Investigation by Derek Gilna The November 13, 2009 death of Adam Montoya, a prisoner at the Federal Correctional Institution (FCI) in Pekin, Illinois, resulted in an investigation by the FBI. The Associated Press (AP) reported that “an autopsy concluded that the 36-year-old …
Brief • February 9, 2011
Rhea v. Washington Department of Corrections et al, WA, Settlement, medical neglect, 2011 LEME REL GREE OFC TAN JEAN RHEA v.WASHINGTON DEPARTMENT OF CORRECTIONS, et. al. rt Wes istrict 0 Cause No.1 0-0254 Distri hingto coma AND ONSI TION he su ONE DRED NTY ,0.00), Rhea, irs, ass g r …
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 …
The Graying of America’s Prisons by James Ridgeway Frank Soffen, now 70 years old, has lived more than half his life in prison, and will likely die there. Sentenced to life for second-degree murder, Soffen has suffered four heart attacks and is confined to a wheelchair. He has lately been …
Prisoner Deaths Continue at King County Jail Despite DOJ Intervention by Mark Wilson A rash of detainee deaths at the King County Correctional Facility (KCCF) in Seattle, Washington prompted the U.S. Department of Justice (DOJ) to open an investigation into conditions at the jail on October 30, 2006. As the …
Article • November 15, 2010 • from PLN November, 2010
Ninth Circuit Rebuffs California’s Attempt to Terminate CDCR Medical Receivership by Michael Brodheim In a strongly worded opinion, the Ninth Circuit affirmed the district court’s denial of a motion filed by California state officials to terminate the receivership established in 2006 to oversee and manage delivery of medical care to …
Munson v. Kimble, IL, Complaint, Medical Neglect, 2010 Case 3:10-cv-00051-MJR-SCW Document 21 Filed 11/08/10 Page 1 of 6 Page ID #162 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS JAMES MUNSON, Plaintiff, vs. MICHAEL KIMBLE, D.M.D., SERVE: 101 S. 2ih Street Mount Vernon, IL 62864 Defendant. …
Article • October 15, 2010 • from PLN October, 2010
Limitations Period in Suit Over Delay in Providing Surgery Begins When Prisoner is Recommended for Surgery by Brandon Sample The statute of limitations in a lawsuit claiming medical negligence by prison officials in delaying a prisoner’s surgery begins to accrue when the prisoner is first recommended for surgery by a …
U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff by Brandon Sample On May 3, 2010, the U.S. Supreme Court held that employees of the U.S. Public Health Service (PHS) may not be sued for constitutional violations under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). …
Brief • September 17, 2010
Rhea v. Washington Department of Corrections et al, WA, Order, medical neglect, 2010 Case 2:10-cv-00254-BHS-KLS Document 24 Filed 09/17/10 Page 1 of 7 1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 8 9 10 JEAN RHEA, Plaintiff, 11 12 13 No. …
$35,000 Settlement in Indiana Jail Failure to Protect and Medical Care Suit by David Reutter by David M. Reutter & Mark Wilson Indiana’s Marion County Jail (MCJ) has paid $35,000 to settle a federal civil rights complaint that alleged deliberate indifference to a prisoner’s safety and serious medical needs. The …
14 Years of Litigation Fails to Remedy Deficient Jail Medical Care; Herrera Saga Continues in Washington State by by Mark Wilson In 1996, Tacoma, Washington officials settled a class-action federal lawsuit over unconstitutional conditions and insufficient health care at the Pierce County Jail (PCJ). Fourteen years later, however, prisoners continue …
Brief • September 2, 2010
Garcia v. City of New York, NY, Complaint, Mental Illness Treatment, Failure to Protect, 2010 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ---------------------------------------------------------------------x CLAUDIO GARCIA, Plaintiff, Index No.: -againstCOMPLAINT THE CITY OF NEW YORK, MARTIN F. HORN, as Commissioner of the New York City Department of …
Everything Revolves Around Overcrowding: The State of California’s Prisons by Donald Specter by Donald Specter, Director, Prison Law Office I. Introduction California has the nation’s largest and the world’s third-largest prison system.1 In two separate class action lawsuits, filed a decade apart, California prisoners sued the governor and corrections officials …
$4.3 Million Award in Preventable Death of Cook County Pretrial Detainee by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals has affirmed a jury’s $4.3 million award to the estate of a pretrial detainee. The jurors found that guards at the jail in Cook County, Illinois …
DOJ Investigation into New York Jail Finds Unconstitutional Conditions by Justin Miller The findings of an investigation by the U.S. Department of Justice (DOJ) into conditions at a New York jail describe violations of prisoners’ constitutional rights – violations which, in the words of federal investigators, have resulted in “serious …
Wisconsin: Taycheedah Lawsuit Set for Trial by Michael Brodheim On November 24, 2009, a U.S. District Court judge in Wisconsin substantially denied prison officials’ motion for partial summary judgment and set for trial a class-action suit that alleges medical and mental health care provided to female prisoners at Taycheedah Correctional …
Article • August 15, 2010 • from PLN August, 2010
California Prison Health Care System Plagued by Understaffing, Overtime by Michael Brodheim The rampant use of overtime to fill gaps in medical staffing in California’s prison system has resulted in windfalls for some of the state’s prison health care workers, fatigue for others, and lapses of judgment that endanger the …
Article • August 15, 2010 • from PLN August, 2010
Released Prisoners More Likely to Die by Brandon Sample Recently-released prisoners are at a higher risk of death, according to studies published in the New England Journal of Medicine (NEJM) and the American Journal of Public Health. For a NEJM report entitled Release from Prison – A High Risk of …
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