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New Jersey Jail Conditions Suit Goes Forward by The plaintiffs failed to prove that sleeping on two and a half inch-thick mattresses on the floor for months caused their lower back pain. Lack of pillows did not rise to a constitutional level. Food (459): A complaint based only on the …
Article • May 15, 2007
Parties Involvement Must Be Shown in Vascular Care Suit by The plaintiff alleges that the defendants denied him appropriate medical care for a vascular condition, causing him great pain over an extended period of time and resulting in his confinement to a wheelchair. The court recites medical care boilerplate, including …
Nebraska Administrative Remedies Must Be Fully Exhausted Or Dismissal Required by Nebraska State Prisoner Frankie Cole brought suit under § 1983 and the State Tort Claims Act (STCA) for Eighth and Fourteenth Amendment violations for prisoner conflicts, inadequacies in his medical treatment, and incidents arising from such violations. The court …
Texas Prison System Declared Unconstitutional; Reforms Ordered by In a class-action suit by Texas prisoners with the U. S. as a plaintiff-intervenor, a Texas federal district court held that Texas prisons: (1) were grossly overcrowded; (2) had wholly inadequate sanitation and recreation facilities; (3) used inadequate disciplinary procedures; (4) allowed …
Mississippi Prison and Jail Officials Immune From Medical Neglect Suits by The Mississippi Supreme Court held that prison medical personnel are immune from any suit brought by a prisoner alleging negligence or wrongful death. This suit was brought by the estate of a Mississippi prisoner who died of meningitis. The …
Article • May 15, 2007
New York Prisoner Wins Medical Neglect Law Suit by The US Court Of Appeals for the Second Circuit reversed a District Court's dismissal of a complaint filed by a prisoner at the Attica Prison in New York. The prisoner filed the complaint because he was transferred back to the prison …
Article • May 15, 2007
Vermont Prisoners State Claim for Systemic Medical Neglect Law Suit by The US Court Of Appeals for the Second Circuit reversed a Vermont District Court's decision dismissing a class action law suit, by Vermont state prisoners' because they failed to state a claim upon which relief could be granted. Prisoners …
Article • May 15, 2007
District Court Enjoins Illinois Prison Regarding Deficient Health Care by Illinois prisoners at the Menard Correctional Center (MCC) filed suit under 42 U.S.C. §1983 and state law claims, asserting that health care at MCC was constitutionally inadequate and that MCC engaged in "systematic denial of adequate health care services." The …
Sixth Circuit Affirms Qualified Immunity Denial; MDOC Director's Policy Challenged by Sixth Circuit Affirms Qualified Immunity Denial; MDOC Director's Policy Challenged The U.S. Sixth Circuit Court of Appeals affirmed denial of qualified immunity to the director of the Michigan Department of Corrections (MDOC) in a complaint brought by the father …
Termination of Prospective Relief Under PLRA Constitutional by The defendants in the 30-year class-action Ruiz prison reform suit moved under the PLRA for termination of prospective relief. The district court held a hearing on the motion and denied it, ruling that the termination provisions of the PLRA unconstitutionally violated the …
Kansas Jail Retaliates Against Nurse Whistleblower by The plaintiff, a jail nurse, filed a complaint with the state Nurses Association about what she believed to be violations of acceptable nursing practice, and was fired. The violations included crushing medication before dispensing it without any governing protocol, inadequate nurse staffing, giving …
Article • May 15, 2007
No Supervisory Liability for Ignoring Back Pain Complaint Letter by The plaintiff alleged that he had serious back pain over a period of time that was not adequately treated. Defendants do not dispute that this is an objectively serious injury, and prior decisions support that conclusion. However, plaintiff has not …
Wyoming Federal Court Defers Termination Of Consent Decree, Allows Discovery by by Michael Rigby In this case involving a motion by Carbon County officials to terminate a 1987 consent decree regarding prisoner medical care, the U.S. District Court for the District of Wyoming twice granted plaintiffs' discovery motions: once to …
Hernia Suit Dismissed for Lack of Injury by The plaintiff alleged that upon admission to prison, he was diagnosed with a bilateral inguinal hernia, but nonetheless approved to perform any type of work, and not told he had a hernia. Eventually he found out and asked for surgery, and was …
Counsel Appointed in Conditions Suit by A federal district court in New York entered an order appointing counsel to represent New York prisoners who filed suit claiming raw sewage backed up on prison floors when it rained, that they were fed "gruel" and that prison rapes and assaults were common …
Indiana Prison Conditions Cruel and Unusual by The court of appeals for the Seventh circuit upheld in part a lower court's ruling that conditions at the Indiana State Prison in Michigan City were cruel and unusual, see: 525 F. Supp.. 435). The appeals court held that medical services were woefully …
IL Jail Detainee's Conditions and Retaliation Suit States Claim by The court of appeals for the Seventh circuit held that a district court wrongly dismissed an Illinois jail detainee's lawsuit for failing to state a claim. The plaintiff sued the jail alleging high levels of racial and sexual violence, inadequate …
Attorney Fee Award in Illinois Medical Suit by The U.S. District Court for the Southern District of Illinois awarded $605,243.00 in fees to attorneys for prisoners at the Menard Correctional Center (MCC) in a case involving denial of medical care. MCC prisoners filed suit under 42 U.S.C. § 1983 and …
No Immediate Appeals for Injunction Clarifications by by Matthew T. Clarke This appeal involves the latest round in a Byzantine conditions-of-confinement class-action civil rights suit by Puerto Rico prisoners which has been pending since 1979. At issue was the transition of the prisoner health care system from the jurisdiction of …
Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical by Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical Treatment. An Alabama federal district court held that a county can be held liable for failing to …
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