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Article • December 15, 2008 • from PLN December, 2008
Alabama Policy Denies Work Release to HIV/AIDS Infected Prisoners by David Reutter Alabama Policy Denies Work Release to HIV/AIDS Infected Prisoners by David M. Reutter Citing a 2004 settlement that requires proper care for prisoners infected with HIV or AIDS, the Alabama Department of Corrections (ADOC) is denying such prisoners …
Article • November 15, 2008 • from PLN November, 2008
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 …
Article • November 15, 2008 • from PLN November, 2008
HIV Cases in U.S. Prisons Decline by by Matt Clarke In September 2007, the U.S. Department of Justice’s Bureau of Justice Statistics released a bulletin showing known cases of prisoners infected with the human immunodeficiency virus (HIV) and those with confirmed AIDS declined for the sixth straight year in 2005. …
Article • October 15, 2008 • from PLN October, 2008
Jail Prisoners Get Rapid HIV Tests by A relatively new rapid HIV test has been used on over 31,000 jail prisoners in four different states. The testing was made possible by grants from the Centers for Disease Control (CDC). The grants were part of a project to expand the use …
Of 426 California Prisoner Deaths in 2006, 66 Found to be Preventable by John Dannenberg by John E. Dannenberg In August 2007, former California Department of Corrections and Rehabilitation (CDCR) federal healthcare Receiver Robert Sillen issued a report titled Analysis of CDCR Death Reviews, prepared by the CDCR’s Death Review …
Article • August 15, 2008
Filed under: Medical, HIV/AIDS
Discovery of AIDS Doesn't Render Sentence Cruel And Unusual by On February 9, 1990, a New York court held that a prisoner who subsequent to sentencing discovered he had AIDS could not have his sentence set aside as being cruel and unusual. Angel Escobales, a New York state prisoner, pleaded …
New York Does DOCs Double Celling Suit Dismissed by The New York State prison system's practice of double-celling at Woodbourne Correctional Facility does not violate the Eighth Amendment. There was no evidence of denial of adequate food, medical care, or clothing. Protection from Inmate Assault (627, 629): There was little …
Denial of Cooking Class Attendance for Refusing HIV Test Upheld by The plaintiff complained that he was excluded from a "culinary arts program" because he wouldn't take an HIV test. The plaintiff did not allege that he was a "qualified individual with a disability" and, in fact, pleaded himself out …
Denial of AIDS Medication, Food to Texas Jail Prisoner Upheld by The plaintiff, prescribed AZT and Crixivan, got no Crixivan for five days and then half-doses for the next 15 days. When he saw a doctor after 19 days, his dosage was promptly increased. He was not able to get …
Article • August 15, 2008
Denial of HIV Medications Claim Dismissed for Failure to Exhaust by The plaintiff complained of an interruption of his HIV medications at a county jail where he spent five days He did not utilize administrative remedies there At 1166: "An inmate must allege and show that he has exhausted all …
Article • August 15, 2008
Prison Tuberculosis Cases Far Exceed Non-Prison Cases by The number of Tuberculosis (TB) cases in prison far outpaced the general population between 1993 and 2003, according to a study published in the American Journal of Public Health. While TB rates in the general population remained fewer than 10 cases per …
Article • August 15, 2008
Filed under: Medical, HIV/AIDS, Food
Prisoner With AIDS Not Entitled to Snack of Choice by The failure of the defendants to provide the HIV-positive plaintiff with the brand name dietary supplement he wanted was not deliberately indifferent. He raised only a difference of opinion about medical treatment. Defendants provided him with appropriate medical attention, including …
Article • August 15, 2008
BOP Policy Denying Hormone Therapy to Transsexual Challenged by The Bureau of Prisons' policy requiring documentation of pre-incarceration hormone therapy before the BOP will provide hormone therapy in prison is upheld. There is a disputed factual question whether the plaintiff is similarly situated for equal protection analysis with persons who …
Article • July 15, 2008
Filed under: HIV/AIDS, Sentencing, Probation
New York Court’s Probation-Due-to-AIDS Compassionate Sentence Reversed by New York Court's Probation-Due-to-AIDS Compassionate Sentence Reversed On October 4, 1991, a New York appellate court reversed the compassionate sentence of probation given to a prisoner infected with HIV and just before the onset of AIDS. Sandra Clark, a New York defendant, …
Article • June 15, 2008 • from PLN June, 2008
California Homosexual Prisoner Family Visits Policy Draws Fire by California’s newly adopted state prison policy permitting overnight conjugal visits for registered domestic partners who are in prison has been praised by homosexual advocacy groups but has drawn fire from religious conservatives. Prison conjugal visiting began in 1918 in Mississippi as …
Article • June 15, 2008
Filed under: Medical, HIV/AIDS
Illinois Court of Appeals Holds HIV Status Disclosure Order Overbroad by On December 31, 1991, an Illinois court of appeals held that a circuit court’s order disclosing HIV status following mandatory HIV testing of a prisoner who had been convicted of illegally possessing a syringe or hypodermic needle was overbroad. …
Prison Doctors, Tainted by Regulatory Board Discipline, Administer Wisconsin Prisoner Care by David Reutter by David M. Reutter Whenever prisoners complain about inept healthcare, prison officials accuse them of being manipulating whiners, or assert they are being administered the ?community standard of care? by competent medical professionals. A review by …
Jail Liable for Labeling Arrestee’s Cell as “HIV Positive Inmate” by Jail Liable for Labeling Arrestee's Cell as "HIV Positive Inmate" The plaintiff was arrested and informed the police he was HIV positive. They put a pink sign on his holding cell door saying HIV POSITIVE INMATE, which was removed …
Administrative Exhaustion Required in Alabama HIV/AIDS Class Action Suit by The plaintiffs sued on behalf of themselves and all present and future HIV-positive prisoners in the state prison system, complaining both of their segregation from the general prison population and their exclusion from most programming, and of inadequate medical care. …
Article • May 15, 2008
Denial of HIV/AIDS Treatment Upheld by At 448: A medical need is serious if it is one that has been diagnosed by a physician as mandating treatment or is one that is so obvious that even a lay person would easily recognize the necessity for a doctor's attention.... The serious …
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