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$3.125 Million in Settlements in Oregon Prisoner’s Beating Death by On July 2, 2009, the estate and family of a mentally ill Oregon man who died in police custody settled claims against Multnomah County, a former deputy sheriff and jail nurses for $925,000. The case remained pending against the City …
U.S. Supreme Court: No Bivens Remedy Available Against PHS Staff by Brandon Sample On May 3, 2010, the U.S. Supreme Court held that employees of the U.S. Public Health Service (PHS) may not be sued for constitutional violations under Bivens v. Six Unknown Fed. Narcotics Agents, 403 U.S. 388 (1971). …
14 Years of Litigation Fails to Remedy Deficient Jail Medical Care; Herrera Saga Continues in Washington State by by Mark Wilson In 1996, Tacoma, Washington officials settled a class-action federal lawsuit over unconstitutional conditions and insufficient health care at the Pierce County Jail (PCJ). Fourteen years later, however, prisoners continue …
$1 Million Award in New York State Prisoner’s Death Caused by Medical Malpractice by A New York Court of Claims has awarded $1,021,915.73 to the estate of a former prisoner who died as the result of a prison nurse and doctor departing from accepted standards of care. Leonard Pickell arrived …
Article • September 15, 2010 • from PLN September, 2010
Suit Filed for Oregon Jail Pneumonia Death by Holly Jean Casey, a homeless 36-year-old heroin addict, lived a rough life and died an agonizing death on the floor of an Oregon jail cell on January 4, 2008. The day before she died, Casey was on her way to the hospital …
$4.3 Million Award in Preventable Death of Cook County Pretrial Detainee by David Reutter by David M. Reutter The Seventh Circuit Court of Appeals has affirmed a jury’s $4.3 million award to the estate of a pretrial detainee. The jurors found that guards at the jail in Cook County, Illinois …
Article • August 15, 2010 • from PLN August, 2010
Washington DOC Settles MRSA Death Claim for $125,000 by Brandon Sample The Washington Department of Corrections (DOC) has agreed to pay $125,000 to the family of a prisoner who died from pneumonia caused by Methicillin-resistant Staphylococcus aureus (MRSA). On March 27, 2008, Jeremy Swaser was given a check-up by medical …
Problems Persist at Privately-Operated Rhode Island Jail by Justin Miller On June 30, 2009, a former employee at the Donald W. Wyatt Detention Facility, a privately-operated jail near Providence, Rhode Island, pleaded guilty to lying to federal officials about sexual misconduct involving an immigration detainee, marking yet another embarrassing problem …
Article • August 15, 2010 • from PLN August, 2010
$140,000 Settlement in Washington Jail Detainee’s Suicide by Pierce County, Washington has paid $120,000 to settle a federal lawsuit that claimed its policies were deliberately indifferent to the risk of suicide by pretrial detainees at the Pierce County Detention and Corrections Center (PCDCC). The City of Lakewood paid an additional …
Brief • August 12, 2010
Ritch v. DeSue, FL, Affadavits - Failure to Treat Eptopic Pregnancy (2009) _STATE OF FLORIDA COUNTY OF VOLUSIA AFFIDAVIT OF TRUDY H. HAIDER, R.N. , BEFORE ME, the undersigned authority, TRUDY H. HAIDER, RN., personally appears who being duly sworn says: That my name is TRUDY H. HAIDER, and I …
Brief • July 26, 2010
Smith v. Wayne County, MI, Complaint, jail suicide medical neglect, 2010 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GLORIA H. SMITH, individually and as Co-Personal Representative of the Estate of Jason Lewis Smith, and CAMILLE MITCHELL, as Co-Personal Representative of the Estate of Jason Lewis Smith Deleted: …
Dallas County Jail Settles Three Medical-Related Suits for $795,000 by In April 2009, a federal jury in the U.S. District Court for the Northern District of Texas awarded $355,000 to Robert Duvall for injuries he suffered when he was denied medical treatment at the Dallas County Jail. Less than three …
Virginia Sheriff’s Office, PHS Settle Wrongful Death Suit for $1.6 Million by Prison Health Services (PHS), a private for-profit company that provides medical care to prisoners, has agreed to pay $1.5 million to the family of a man who died at a Virginia jail, with the sheriff’s office paying another …
California County Jail Settles Wrongful Death Suit for $600,000 by In December 2009, the Board of San Joaquin County, California approved a $600,000 settlement to resolve a federal lawsuit filed by the family of a 71-year-old man who died of a heart attack following his release from jail. On March …
Summary Judgment Reversed in Illinois Jail Suicide Suit by The Seventh Circuit Court of Appeals reversed a lower court’s grant of summary judgment to Illinois jail officials stemming from the in-custody suicide of a federal pretrial detainee. On April 13, 2005, Stanley Bell was confined at the St. Clair County …
Rendon v. Wexford, IL, Complaint, Wrongful Death, 2010 Case: 1:10-cv-01590 Document #: 44 Filed: 04/30/10 Page 1 of 32 PageID #:191 09-17 KJG: car UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION JANET RENDON, Independent Administrator ) of the Estate of CAROL CZUBERNAT ) ) ) Plaintiff, ) …
Article • April 15, 2010 • from PLN April, 2010
Texas Tech and TDCJ Settle Prisoner Suicide Suit for $85,000 by On April 2, 2009, Texas Tech University Health Science Center (TTUHSC) and the Texas Department of Criminal Justice (TDCJ) settled for $85,000 a lawsuit involving a prisoner who committed suicide at the Clements Unit. Theodore Schmerber was a Texas …
Dying in Cell 40: Vermont’s Flawed Contract and Prison Health Service’s Drive for Profit Lead to Prisoner’s Death by Terry J. Allen Ashley Ellis’ misdemeanor arrest turned into a death sentence. Her crime was careless and negligent operation of a motor vehicle. On Aug. 16, 2009, less than two days …
Article • March 15, 2010 • from PLN March, 2010
Defendants Denied Qualified Immunity in Tennessee Jail Detainee’s Death by Mark Wilson The Sixth Circuit Court of Appeals has held that a lower court improperly deferred a qualified immunity determination to the jury. The appellate court decided that jail guards, a jail physician and a paramedic were not entitled to …
$750,000 Settlement in Alabama Prisoner’s Heat Death by A $750,000 settlement was paid to the mother of an Alabama mentally ill prisoner who died as the result of exposure to extreme heat while on psychotropic medication. Just four days after his admission to Kilby Correctional Facility (KCF), prisoner Farron Barksdale, …
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