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Wooleyhan v. Cape Henlopen Board of Education, DE, Brief in Opposition to Teacher's False Accusation Against Student, 2010
Brief • May 7, 2010
Filed under: Retaliation, 42 U.S. Code § 1983, civil action for deprivation of rights
Wooleyhan v. Cape Henlopen Board of Education, DE, Brief in Opposition to Teacher's False Accusation Against Student, 2010 Case 1:10-cv-00153-MMB Document 22 Filed 05/07/10 Page 1 of 18 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE ROGER D. WOOLEYHAN, ROGER B. WOOLEYHAN, JR., ELIZIBETH M. WOOLEYHAN Plaintiffs, v. CAPE …
Barkes, et al. v. First Correctional Medical Inc., et al., DE, Memorandum Opinion, Wrongful Death, 2010
Brief • March 9, 2010
Filed under: Conditions of Confinement, Wrongful Death, Suicides
Barkes, et al. v. First Correctional Medical Inc., et al., DE, Memorandum Opinion, Wrongful Death, 2010 Case 1:06-cv-00104-JJF-MPT Document 146 Filed 03/09/10 Page 1 of 15 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE KAREN BARKES, et al., Plaintiffs, v. Civil Action No. 06-104-JJF FIRST CORRECTIONAL MEDICAL, …
Three Years Later, CMS Still Fails to Meet Medical Standards in Delaware
Article • February 15, 2010 • from PLN February, 2010
Filed under: CMS, Medication, Systemic Medical Neglect, Medical Records, Hernias, Failure to Treat, Appointment of Counsel, Civil Procedure, Settlements, Consent Decrees, Special Masters, Failure to Treat (Mental Illness)
Three Years Later, CMS Still Fails to Meet Medical Standards in Delaware by David Reutter by David M. Reutter Despite federal oversight of its prison medical care, Delaware “continues to have a great deal more to achieve before it comes into substantial compliance with all provisions of the MOA” (Memorandum …
Delaware Prisoners May Sue Over Secure Housing Placement Pending Sentencing
Article • October 15, 2009
Filed under: Conditions of Confinement, Lockdowns, Death Penalty, Death Row, Ad-Seg Hearings
Delaware Prisoners May Sue Over Secure Housing Placement Pending Sentencing by The Third Circuit U.S. Court of Appeals held that three Delaware prisoners who were awaiting trial/sentencing could sue the state for having allegedly improperly housed them in a restrictive Security Housing Unit (SHU). David Stevenson and Michael Manley had …
CMS Contract Woes Persist in New Jersey, Arizona and Delaware
Article • March 15, 2009 • from PLN March, 2009
Filed under: CMS, CONMED, Medical, Systemic Medical Neglect, Failure to Treat, Medical Neglect/Malpractice
CMS Contract Woes Persist in New Jersey, Arizona and Delaware by David Reutter by David M. Reutter Deficiencies in medical care and failure to comply with contractual obligations have resulted in the termination of two contracts for Correctional Medical Services (CMS). The contracts were worth a total of $95 million …
Administrative Exhaustion “Yardstick” Under PLRA is Prison Grievance Procedures
Article • January 15, 2009
Filed under: Medical, Respiratory, Cancer, Skin, Failure to Treat, Liver, Administrative Exhaustion (PLRA), Defenses
Administrative Exhaustion “Yardstick” Under PLRA is Prison Grievance Procedures by by David Reutter The Third Circuit U.S. Court of Appeals has held in an unpublished ruling that the determination as to whether a prisoner has “properly” exhausted a claim is based on an evaluation of the prisoner’s compliance with institutional …
Delaware Prisoner’s Medical Claim Reinstated
Article • January 15, 2009
Filed under: Skeletal Injury, Surgery, Failure to Treat, Civil Procedure, Frivolous Litigation
Delaware Prisoner’s Medical Claim Reinstated by by David M. Reutter The Delaware Supreme Court has reversed a New Castle County Superior Court’s summary dismissal of a prisoner’s lawsuit raising medical negligence and constitutional claims, which alleged prison authorities had failed to treat his serious medical needs. Delaware Correctional Center (DCC) …
Monitor’s Second and Third Reports Find Medical Care From CMS for Delaware Prisoners Still Lacking
Article • November 15, 2008 • from PLN November, 2008
Filed under: CMS, Contractor Misconduct, Medical, Medical Records, Staffing
Monitor’s Second and Third Reports Find Medical Care From CMS for Delaware Prisoners Still Lacking by David Reutter Monitor’s Second and Third Reports Find Medical Care From CMS for Delaware Prisoners Still Lacking by David M. Reutter Despite a monitor to provide oversight, Correctional Medical Services (CMS) continues to suffer …
CMS Nurse Injects 15 Delaware Prisoners with the Same Syringe
Article • November 15, 2008 • from PLN November, 2008
Filed under: CMS, Misconduct/Corruption, Medical Misconduct, HIV/AIDS, Blood, Hepatitis
CMS Nurse Injects 15 Delaware Prisoners with the Same Syringe by That Delaware prisoners have been subject to dreadful health care by the state’s medical contractor, Correctional Medical Services (CMS), is not a new revelation for readers of PLN. We previously published an exposé on the deaths, injuries and deliberate …
CMS Found Liable for Inadequate Hep C Medical Care of Delaware Prisoner
Article • August 15, 2008 • from PLN August, 2008
Filed under: CMS, Medical, Skin, Hepatitis, Limitations
CMS Found Liable for Inadequate Hep C Medical Care of Delaware Prisoner by The federal district court in Delaware has held that Correctional Medical Services (CMS), the medical provider for the Delaware Department of Corrections (DDOC), was deliberately indifferent to a prisoner’s medical needs. The ruling should come as no …
Delaware FOIA Prohibits Disclosure of Records to Prisoner
Article • August 15, 2008
Filed under: Civil Procedure, Disclosure of Records
Delaware FOIA Prohibits Disclosure of Records to Prisoner by The Supreme Court of Delaware has held that prisoners do not have a right to access their central files maintained by the Department of Corrections under the Delaware Freed of Information Act (FOIA). The Court held that 11 Del. §4322 specifically …
Delaware Newspaper Entitled to Police Info, Fees
Article • August 15, 2008
Filed under: Crime/Demographics, Statistics/Trends, Disclosure of Records
Delaware Newspaper Entitled to Police Info, Fees by The Supreme Court of Delaware has held that a Superior Court abused it’s discretion by deciding issues in a Delaware Freedom of Information (FOIA) case and applied an incorrect legal standard. The News Journal sought information from the Delaware Criminal Justice Information …
Delaware Public Defender Has No Standing Under State FOIA
Article • August 15, 2008
Filed under: Civil Procedure, Standing, Disclosure of Records, Discovery
Delaware Public Defender Has No Standing Under State FOIA by The Superior Court of Delaware, New Castle, has held that the office of the Public Defender does not have standing to make requests under the Delaware Freedom of Information Act (FOIA). The Public Defender submitted a FOIA request to the …
Denial of Social Security for Prisoners Upheld
Article • August 15, 2008
Filed under: Sentencing, Ex Post Facto, Social Security
Denial of Social Security for Prisoners Upheld by The statutorily mandated denial of social security retirement benefits to a person convicted of a felony and serving life without parole does not violate the Ex Post Facto Clause because it is not "punishment." The court applies Hudson v. United States (1997), …
Delaware Attorney General Has No Duty to Initiate Enforcement Proceedings of State Public Record Law
Article • August 15, 2008
Filed under: Attorneys General, Civil Procedure, Disclosure of Records, Mandamus
Delaware Attorney General Has No Duty to Initiate Enforcement Proceedings of State Public Record Law by Delaware prisoner Ronald sought mandamus relief to compel the Attorney General to initiate enforcement proceedings under the state’s Freedom of Information Act. The Superior Court denied the petition. The Delaware Supreme Court affirmed, holding …
Delaware Sex Offender Acquitted on School Loitering Conviction; Probation Violation Upheld
Article • August 15, 2008
Filed under: Discrimination, Sex Offenders (Discrimination), Criminal Prosecution
Delaware Sex Offender Acquitted on School Loitering Conviction; Probation Violation Upheld by Delaware registered sex offender William Dahl appealed a 2006 conviction for loitering within 500 feet of a school; as a result of the conviction he had received a 20-year sentence. Because the shopping mall located dance academy that …
Out of Court Statements Refuting Testimony, Not Proclaiming Guilt or Innocence, Admissible
Article • August 15, 2008
Filed under: Crime/Demographics, Informants, Death Penalty
Out of Court Statements Refuting Testimony, Not Proclaiming Guilt or Innocence, Admissible by Delaware state prisoner Jamil Edwards appealed his convictions for first degree murder and possession of a firearm during the commission of a felony. He claimed judicial abuse of discretion for disallowing refuting testimony. His convictions were overturned. …
Delaware DOC Not Liable for Rape, Impregnation of Prisoner by Guard
Article • August 15, 2008
Filed under: Staff-Prisoner Assault, Conditions of Confinement, Staffing, Expert Witnesses, ACA
Delaware DOC Not Liable for Rape, Impregnation of Prisoner by Guard by The plaintiff alleged that she was raped by a guard, resulting in pregnancy; the officer was confirmed as 96% likely to be the father. At 420: "... [R]umors and innuendoes of sexual impropriety between inmates and prison guards …
Delaware Law Bars Prisoner Access to DOC Files
Article • July 15, 2008
Filed under: Civil Procedure, Disclosure of Records
Delaware Law Bars Prisoner Access to DOC Files by The Delaware Supreme Court held that state law prohibits prisoners from accessing their Department of Corrections (DOC) files. On September 9, 1980, three Delaware prisoners were denied access to their DOC central files. Under the Delaware Freedom of Information Act (DFIA), …
Delaware Prisoner’s Conditions Suit States Claim
Article • May 15, 2008
Filed under: Smoking, Overcrowding, Showers, Toilets, Bedding, Civil Procedure, Discovery
Delaware Prisoner’s Conditions Suit States Claim by Delaware Prisoner's Conditions Suit States Claim The plaintiff alleges that while a detainee he had to sleep on the floor for a week in Booking and Receiving; when he was assigned to housing, he had to sleep on the floor for three weeks …
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