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ADA Suit by Alcoholic Work Release Residents Dismissed by Residents of a halfway house for alcoholics were disabled for purposes of the disability statutes, since alcoholism is a recognized disability and since the halfway house only admitted persons who inter alia were determined to be unable to abstain without continued …
Article • May 15, 2007
Court Rejects Attempted Suicide Claim by Indiana Jail Prisoner by The plaintiff was arrested after a one-car accident in a car containing whiskey, a loaded shotgun, and a suicide note, though he denied that running his car into a tree at 85 miles an hour was a suicide attempt, and …
Challenges to Illinois Civil Commitment Treatment Dismissed by The plaintiffs, civilly committed under the state Sexually Dangerous Persons Act before trial, complained that they were held in a wing of a state prison, that their treatment includes self-accusatory features, and that it is conducted on a group rather than an …
After 34 Years, Alabama Complies With Mental Health Order by In what used to be Wyatt v. Stickeney, the Alabama mental health/mental retardation litigation filed in 1970, the court grants a joint motion for a declaration that the defendants have complied with the most recent settlement agreement and to vacate …
Suit by Mentally Ill NY Jail Prisoners Dismissed by Several plaintiffs alleged that they were subjected to over-medication with psychotropic drugs and denial of timely psychiatric care, timely prescription drug administration, adequate staffing of observation holding cells, adequate therapeutic psychiatric care, and discharge planning and treatment plans. The plaintiffs do …
Prison Officials Liable for Lack of Mental Health Care by A federal district court in mew York held that state prison officials were liable for a policy that housed mentally ill prisoners with those who were not. Officials were also liable, in this class action suit by women prisoners in …
Article • May 15, 2007
Oregon Prisoner Has Right to Medication by Oregon Prisoner Has Right To Medication The United States District Court in Oregon denied a motion for summary judgment in a suit filed by a prisoner who claimed that he was denied medication for a mental disorder. Glen S. Page, a prisoner at …
Transfer to Mental Hospital without Due Process Unconstitutional by The U.S. Supreme Court ruled that a Nebraska law was unconstitutional because it did not afford due process protections. The law, § 83-180(1), allowed the transfer of a state prisoner to a mental hospital if a designated mental health professional determined …
Attorney Fee Awards Determined on Case Facts by The United States Supreme Court held that the amount of an attorney award, under 42 U.S.C. § 1988, must be determined on the facts specific for the case, that success on the various issues is a crucial factor, and that such awards …
Article • May 15, 2007
Deliberate Indifference to Strong Likelihood that Prisoner Will Commit Suicide Implicates Eighth Amendment by Deliberate Indifference to Strong Likelihood that Prisoner Will Commit Suicide Implicates Eighth Amendment Stephanie Poiroux Snow committed suicide while in the Citronelle, Alabama jail for drunk driving. Her estate sued city officials and jailers in the …
CCA Settles Wrongful Death Suit in Texas For $60,000 by In 1998, Corrections Corporation of America (CCA) paid $60,000 to settle a lawsuit filed by the father of a prisoner who died from a drug overdose at a CCA-operated prison. Hugh Wayne Martin, a Texas state prisoner, was transferred to …
Article • May 15, 2007
Probation Revoked Despite Lack of Mental Health Treatment by In revoking the defendant's probation, the court said that he should receive psychiatric counseling, and also said it realized that local facilities for that purpose were nonexistent. The defendant now argues that his probation should therefore have been continued. At 302: …
Failure to Treat Mental Illness Not Actionable in NY Case by The plaintiff, suffering from bi-polar disorder, experienced repeated manic episodes resulting in misbehavior that increased his SHU time as well as subjecting him to unpleasant confrontations and treatment. At 296: "Because Plaintiff has not submitted any verifiable evidence indicating …
Article • May 15, 2007
Court Certifies Class Challenging Denial of treatment to Mental Patients by The plaintiffs, committed to a mental hospital as a result of findings of not guilty by reason of insanity, challenged conditions and policies that they alleged kept them from getting adequate medical and mental health care. At 307: A …
MO Jury Awards $781,000 in BOP Suicide by On July 7, 1998 a federal jury in Missouri awarded the estate of a federal prisoner $781,000. William Chilton was serving a 30 month sentence for bank fraud. When he entered the federal prison system he was taking Desryl and Xanax to …
Damage Award for Strip Celled Utah Jail Detainee Affirmed by The court of appeals for the Tenth circuit upheld a district court ruling in favor of a mentally ill jail detainee in Utah who was placed in a strip cell with no type of hearing for 56 days. The strip …
Survivors Win $1,825,000 in Wisconsin Prisoner Suicide Suit by The parents and estate of a Wisconsin state prisoner who committed suicide after being taken off of his anti-psychotic medication won a $1,825,000 jury award in Wisconsin federal court. Matthew Sanville, a 26 year-old Wisconsin state prisoner, was prosecuted for assaulting …
Doctor Granted Qualified Immunity in Texas Prisoner's Suicide by The Fifth Circuit Court of Appeals held a psychiatrist at the Coffield Unit of the Texas Department of Corrections is entitled to qualified immunity in the suicide death of a prisoner. The prisoner had a history of psychological problems and was …
Negligence Claim Stated in Florida Jail Prisoner's Suicide by The Eleventh Circuit Court of Appeal has upheld a Florida district court's grant of judgment as a matter of law on a claim of deliberate indifference to medical needs and a state tort claim of negligent supervision, training, and management in …
Prisoner Prevailing Party, Awarded Attorney Fees by A mental patient imprisoned at a treatment center run by the Massachusetts DOC brought a § 1983 action alleging constitutional violations relating to, among other things, inadequate telephone privileges, right to unopened privileged mail and right to treatment. A Superior Court issued an …
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