$100,000 Paid to Arizona Prisoner for Failure to Treat Dental Problem by Danny W. Thompson, a prisoner at Arizona's Winslow Prison, suffered from severe periodontal disease when he requested medical assistance in January 1993. Thompson self-extracted 5 teeth prior to being seen by a dentist in May 1993. His lawsuit …
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 …
Summary Judgment Partly Reversed for Refusing Amended Complaint Filing by The U.S. Ninth Circuit Court of Appeals has reversed an Arizona federal district court for refusing to allow a federal prisoner to file an amended complaint. Michael Satz, a prisoner in the custody of the Bureau of Prisons (BOP), was …
Prison Programs Receive Federal Funds Under Civil Rights Restoration Act Definition by Prison Programs Receive Federal Funds Under Civil Rights Restoration Act Definition The U.S. District Court for the District of Arkansas held that Arizona Department of Corrections (ADOC) "programs or activities" received federal funds for 'purposes of a prisoner's …
Ninth Circuit: Prisoner May Amend Complaint To Allege Deliberate Indifference by The U.S. Ninth Circuit Court of Appeals held that an Arizona state prisoner, who alleged he contracted hepatitis from a blood plasma drawing procedure and that upon diagnosis he was not adequately treated by prison medical staff, should be …
Summary Judgment Of Rehabilitation Act Suit Precluded By Fact Issues by The U.S. Ninth Circuit Court of Appeals held that genuine issues of material fact precluded summary judgment of a prisoner's suit under the Rehabilitation Act (RA) of 1973 against the Arizona Department of Corrections (ADOC). Nicki Aaron Bonner, a …
County Prosecutors Acting Outside Their Authority Lose Absolute Immunity by In this somewhat confusing opinion, the U.S. Ninth Circuit Court of Appeals held that county prosecutors, defendants in a civil, rights lawsuit brought by two men who were falsely arrested, were not entitled to absolute immunity on numerous claims, including …
Abstract Advocacy of Violence Protected Speech; Gang Conviction Reversed by The Ninth Circuit Court of Appeals affirmed an Arizona District Court's grant of habeas corpus invalidating a conviction for participating in street gang activity. Jerry Dean McCoy is a former California gang member that was convicted by an Arizona state …
Jail Doctor Given Qualified Immunity For Involuntarily Catheterizing Prisoner by The plaintiff was involuntarily catheterized to remove urine (unsuccessfully, since he was struggling) because the doctor was concerned that he might have a neurological injury. The plaintiff's Fourth Amendment claim is rejected. At 1116: "Invasions of the body for medical …
11th Amendment Bars Damages Under Rehabilitation Act by Damage claims under the Rehabilitation Act are barred by the Eleventh Amendment. Prior authority holding that the acceptance of federal funds constitutes a waiver of Eleventh Amendment protection under the Spending Clause is overruled by the Supreme Court's decision in College Savings …
AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Sati by AZ Prisoner's Denial of Transfer to Release Center by Changing His Sex-Offense Treatment Rating Satisfies Due Process Tony Luca, an Arizona prisoner, was denied transfer to a correctional release center after prison guards changed …
Undisclosed Settlement in Arizona Mistaken Identity Arrest by Tiburcio Serna Galvan was an agricultural worker when he was arrested in August 1995 in the state of Washington on an Arizona narcotics/traffic warrant. Prior to his arrest, his wallet and identification was stolen. After he was transported to Arizona's Maricopa County …
Joe Arpaio: America’s Toughest Sheriff or Most Corrupt? by Alex Friedmann Joe Arpaio: America?s Toughest Sheriff or Most Corrupt? by Alex Friedmann Joe M. Arpaio, the head lawman over Maricopa County, Arizona, bills himself as "America's Toughest Sheriff." While "toughest" may be subject to debate (literally -- in September, 2006 …
Maricopa County, Arizona, Abandons Restraint Chairs Following Deaths, Multimillion Dollar Payouts by Michael Rigby After three prisoner fatalities and two wrongful death payouts totaling $17.25 million, Sheriff Joe Arpaio of Maricopa County, Arizona, has finally discontinued the use of restraint chairs in county jails. On August 21, 2006, Arpaio told …
Corruption in Arpaio's Office: AZ County Continues Paying Convicted Sheriffs Sgt. by Gary Hunter Corruption in Arpaios Office: AZ County Continues Paying Convicted Sheriffs Sgt. by Gary Hunter On August 2, 2005, Maricopa County Sheriff's Sgt. Leo Richard Driving Hawk, Sr. pleaded guilty in Federal District Court in connection with …
Ex-Con Denied Admission To AZ Bar by The Arizona Supreme Court has upheld the State Committee on Character and Fitness (Committee) denial of a convicted murderer's application for admission to the State Bar. James Hamm served over 17 years in the Arizona prison system for a first degree murder he …
$9 Million Jury Award In Arizona County Jail Death by John Dannenberg by John E. Dannenberg A federal jury awarded $9 million to the family of a Scottsdale, Arizona prisoner who suffocated in a restraint chair in the Maricopa County Jail (MCJ) in 2001. Found negligent and liable were Sheriff …
Arizona Jail Prisoners Not Pretty in Pink by Gary Hunter Paraded in pink boxers, pink flip-flops and pink handcuffs more than 2,600 Arizona prisoners walked four blocks to new jail facilities in downtown Phoenix. Most moved from the Madison Street Jail, which closed for remodeling, to either the Towers Jail, …
Arizona Prisoners Mortality Report Confidentiality Not Federally Protected by John Dannenberg Arizona Prisoners Mortality Report Confidentiality Not Federally Protected by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals declined Maricopa County, Arizonas invitation to keep mortality reports on prisoners confidential. Charles Agster was arrested and booked into the …
