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$60,000 Settlement for Washington Prisoner Injured by Chemical Spill by The State of Washington paid $60,000 to settle a prisoner’s claim that he was injured due to a chemical spill. While working in the kitchen at the McNeil Island Correction Center, prisoner George D. Douglas reached for a chemical bottle …
Reversal of Summary Judgment to BOP Doctor Accused of Deliberate Indifference by Brandon Sample The U.S. Court of Appeals for the Seventh Circuit has reversed a grant of summary judgment to a Bureau of Prisons (BOP) doctor accused of denying a death row prisoner needed eye surgery. Arboleda Ortiz, a …
New Jersey Judge Denied Sex Offender a Fair Hearing, Appellate Court Finds by New Jersey Judge Denied Sex Offender a Fair Hearing, Appellate Court Finds Questioning a lower court’s ability to conduct a fair hearing, a New Jersey appellate court ordered a new hearing before a different judge for a …
Article • March 15, 2009
BOP Sued For Federal Prisoner's Negligent Blinding by Ex Florida federal prisoner Luis Monroy Vargas brought a federal tort action against the United States in 1999 after becoming blind in one eye. Federal Bureau of Prisons personnel at three facilities failed to treat him properly after an object fell into …
Rehder v. Huggins, TN, Complaint, Excessive Force - Pepper Spray, 2009 .-. . case 2:09-cv-02037-JDT-tmp Document 1 Filed 01/21/09 Page 1 of 6 PagelD 1 ·· · IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TENNESSEE lA.l:ES,E&N DMSION § § § W:\Rt5TQl'HEf2. R1;HPE& P-omo : (Ents aboYo …
Untreated Diabetic Los Angeles Jail Detainee May Sue for Failure to Provide Medical Care by by John E. Dannenberg The California Court of Appeal, Second District, has held that a diabetic Los Angeles jail detainee who was denied medical care for over 24 hours could sue the Los Angeles Sheriff’s …
Medical Contractors Are Not State Employees Under Nebraska Law by The Eighth Circuit Court of Appeals has held that a contract medical service provider is not a state employee under Nebraska law; thus, a prisoner is not required to exhaust administrative remedies under the Nebraska State Tort Claims Act (NSTCA) …
Article • December 15, 2008 • from PLN December, 2008
$2.75 Million Settlement in New York Prisoner’s Loss of Sight Claim by The New York State Department of Correctional Services has agreed to pay $2.75 million to a prisoner who lost her eyesight due to deficient medical care by prison doctors. The July 2007 settlement came in the civil rights …
Article • August 15, 2008
No One Liable for Denial of Medical Care to Houston Jail Asthmatic by The plaintiff was arrested and arrived at the police station having an asthma attack. She asked to see a doctor and was told that the clinic was closed. She said she was not medically screened; the clinic …
Article • August 15, 2008
Second Circuit Finds Personal Involvement, Reverses Dismissal of Bivens Claim by The Second Circuit of Appeals has reversed a lower court’s dismissal of a prisoner’s Bivens claim, alleging denial of glaucoma medication which caused his permanent blindness. In September 2001, DEA agents arrested Rodney Thomas in California on drug charges. …
Article • August 15, 2008
U.S. Court Of Claims Lacks Jurisdiction Over Eighth Amendment Based Tort by Arizona federal pro se prisoner Jerome Trafny appealed his Eighth Amendment based tort claim dismissal. He alleged that the Federal Bureau of Prison's (BOP) failure to supply medication after eye surgery caused injury. The dismissal was affirmed for …
Article • January 15, 2008
Nebraska Tort Law Notice Inapplicable to Medical Contractor by In partially reversing a Nebraska federal district court's grant of summary judgment, the Eighth Circuit Court of Appeals has held the Nebraska State Tort Claims Act (NSTCA) does not apply to contracted medical service providers. That ruling came in the appeal …
California DOC Settles With Mistreated Diabetic Prisoner For $600,000 by The California Department of Corrections and Rehabilitation (CDCR) settled with a prisoner who had sued for failure to properly treat his diabetic condition that eventually resulted in blindness and amputations. The $600,000 settlement included attorney fees and costs. When Daniel …
Article • May 15, 2007
Washington DOC Pays $52,000 in Bookshelf Injury Resulting in Blindness by In 1987, Charles W. Dickerson, a prisoner then confined at the Oregon State Penitentiary in Salem, Oregon was severely attacked and assaulted by another prisoner. As a result of the incident, Dickerson lost his left eye and his right …
Beating by Guards, Destroyed Eyeglasses May Toll AEDPA Time Limit by The U.S. Ninth Circuit Court of Appeals reversed and remanded a California federal district court's denial of a habeas corpus petition, holding that, if proven true, the prisoner's claim that prison officials failed to replace his broken eyeglasses for …
United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries by United States Supreme Court Rules That Federal Prisoners May Seek Damages Under the Federal Tort Claims Act for Personal Injuries In two separate cases, federal prisoners filed claims for …
Article • May 15, 2007
Utah: $490,000 Verdict for Untreated Hypertension, Vision Loss, Renal Failure by On November 25, 1992, a Utah jury awarded $490,000 to a state prisoner who suffered vision loss and renal failure because prison medical personnel failed to treat his hypertension. While imprisoned at the Utah State Prison, the plaintiff, 30, …
Color Blindness is Major Life Activity Under ADA by Color Blindness is Major Life Activity Under ADA The plaintiff bus driver was found to be color blind and was told to resign or be terminated. He sued under the ADA, alleging that he was regarded by the Transit Authority as …
Article • May 15, 2007
Appointment of Counsel in 7th Circuit Discussed by The court of appeals for the Seventh circuit sets forth the standard to be used by lower courts in appointing counsel to represent indigent prisoners in civil cases. The underlying suit was for medical neglect and the Indiana plaintiff was blinded as …
District Court Partly Upholds Prisoner's Excessive Force, Medical Negligence Claims by A federal district court in the Western District of Virginia has partly upheld a prisoner's civil rights claims against Virginia prison officials. Discovery was ordered in the case. Tyrone Shelton is a Virginia prisoner at Red Onion State Prison …
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