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Article • May 15, 2007
Disagreement on Medical Treatment Fails to State Constitutional Violation; Summary Judgment Granted Defendants by Disagreement on Medical Treatment Fails to State Constitutional Violation; Summary Judgment Granted Defendants An Illinois federal district court granted summary judgment to doctors at Joliet and Stateville Correctional Center in a 42 U.S.C §1983 action alleging …
Article • May 15, 2007
Differing Medical Opinions Not Deliberate Indifference by The Ninth Circuit has held that differing medical opinions do not constitute deliberate indifference. In November 1986, while at the Maricopa County Jail in Arizona, Douglas Eric Sanchez was diagnosed with chronic perirectal abscess and told he would require surgery. Before receiving an …
Illinois Prisoner States Claim Against Prison Doctors by The United States District Court for the Northern District of Illinois held that an Illinois prisoner stated a claim under the Eighth and Fourteenth Amendments against prison doctors, and that the doctors were immune in their official capacities. Jackey Bond, an Illinois …
Article • May 15, 2007
$167,500 Awarded For Failure To Treat Fatal Colon Cancer in California Prisoner by In 1994, a California State prisoner had noticed some weight loss and lower abdominal pain then later that year intermittent rectal bleeding. An internist initially prescribed antibiotics and later a barium enema was performed by a radiologist. …
Years Long Pattern of Medical Neglect Defeats Summary Judgment by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals has held that a prisoner's claim showing years of failure to adequately treat a medical problem is sufficient to defeat summary judgment. This civil rights action was filed …
$790,000 Settlement In Ulcer Death of Georgia Jail Prisoner by In November 2005, Dekalb County, Georgia, a private medical provider, and a local hospital agreed to pay a combined total of $790,000 to settle with the widow of a prisoner who died from a perforated ulcer. While imprisoned in the …
Georgia Jail and Its Medical Provider Settle Jail Wrongful Death Suit For $500,000 by Joan G. Crumpler Wilkes County, Georgia and Integrative Detention Health Services, Inc. (IDHS) paid $500,000.00 for settlement of a wrongful death suit alleging negligent medical care, deliberate indifference to serious medical needs, and wrongly allowing a …
Article • April 15, 2006 • from PLN April, 2006
Minnesota County Settles Suit over Untreated Appendicitis for $225,000 by On August 25, 2005, the U.S. District Court for the District of Minnesota approved a $225,000 settlement to a Minnesota prisoner whose appendicitis went untreated at the Douglas County Jail. Jeremiah Bratsch, 21, suffered stabbing pains in his lower right …
Dismissal of Medical and Retaliation Claims Reversed by Bob Williams The United States Court of Appeals for the Fourth Circuit, in an unpublished opinion, has reversed a lower courts dismissal of deliberate indifference claims in a prisoners denial of medical treatment for hepatitis C plus pancreatic and gout disorders. The …
Seventh Circuit Reverses Dismissal of BOP Medical Neglect Case; by District Court Abused Discretion in Denying Counsel The Seventh Circuit Court of Appeals reversed a lower court's denial of the appointment of counsel to a prisoner. The court also vacated the grant of summary judgment to prison officials on medical …
Article • August 15, 2003 • from PLN August, 2003
$178,294 Awarded in BOP Malpractice Suit by The United States District Court for the Middle District of Pennsylvania has awarded a federal prisoner $178,294, including $150,000 for pain and suffering, due to medical malpractice by doctors working for the U.S. Bureau of Prisons (BOP). Jeffrey Berman is an ileostomy patient, …
Mailbox Rule Tolls Statute of Limitations in BOP Medical Suit by The Sixth Circuit Court of Appeals held that, pursuant to the mailbox rule of Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379 (1988), a prisoner's medical malpractice action was filed as of the date he delivered it to …
Article • April 15, 2003 • from PLN April, 2003
$400,000 Jury Award in Illinois Ruptured Appendix Suit by In April, 2002, a federal jury in East St. Louis, Illinois, awarded $400,000 in damages to former prisoner David Sherrod, finding that Illinois Department of Corrections medical staff had shown deliberate indifference to his medical needs by failing to treat a …
California Internet Mail Ban Enjoined by John E Dannenberg by John E. Dannenberg The US District Court (N.D. Cal.) issued a permanent injunction against the California Department of Corrections' (CDC) policy that prohibits prisoners from receiving mail that contains Internet-generated information. Frank Clement, a prisoner at Pelican Bay State Prison …
Article • October 15, 2002 • from PLN October, 2002
Sixth Circuit Upholds Denial of Prison Doctor's Qualified Immunity by The Sixth Circuit Court of Appeals has upheld denial of qualified immunity to a state prison doctor by the Federal District Court in Michigan. Richard LeMarbe is a Michigan state prisoner. In 1996, he was treated for chronic gallbladder problems …
Article • September 15, 2002 • from PLN September, 2002
Hemorrhoids: A Serious Medical Condition by A federal district court in Illinois has denied a motion to dismiss a complaint for the failure to alter treatment for a prisoner's hemorrhoid problem. Prisoner Brian Jones brought a 42 U.S.C. § 1983 action against six medical doctors at Illinois' Stateville and Joliet …
Article • March 15, 2002 • from PLN March, 2002
$630,000 Plus Paid in Ulcer Related Death by $630,000 plus paid in ulcer related death On May 16, 1994, Gertrude Barrow, 41, died at the Washington Corrections Center for Women (WCCW) of a perforated chronic peptic ulcer and acute peritonitis. She was just three months short of her release date. …
$115,000 Settlement Where Guards Fed NY Prisoner Ground Glass by In September 1999, New York prison officials settled a lawsuit by prisoner Teno Gee for $115,000 in damages. Gee was the chairman of the Inmate Liaison Committee at the Great Meadow Correctional Facility in Comstock. In that capacity Gee had …
Article • January 15, 2001 • from PLN January, 2001
Cursory Medical Treatment Cruel and Unusual by The U.S. court of appeals for the Eleventh Circuit held that a failure to diagnose a prisoner's colon cancer may have been extremely negligent, but it did not rise to the level of deliberate indifference. However, a factual dispute precluded summary judgment on …
$100,000 Awarded Under ICCPR in GA Jail Suit by On February 24, 2000, a federal jury In Augusta, Georgia awarded 1100,000 in damages to a Danish citizen who was denied medical care and phone calls to his family in Denmark while he was awaiting trial in the Lincoln county jail …
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