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Delaware Forced to Clean-up Medical Care by DOJ Settlement by David Reutter by David M. Reutter After a nine-month investigation, the U.S. Department of Justice (DOJ) issued a report finding prisoners in four Delaware prisons ?suffer harm or are placed at the risk of harm from constitutional deficiencies in certain …
Delaware DOC Still Defends Abysmal Medical Care, Prisoners Still Die From Medical Neglect by After media reports detailed incidents showing prisoners within the Delaware Department of Corrections (DDOC) were being maimed or dying because of deplorable medical care, Stan Taylor, DDOC's Commissioner, charged the reports were "sloppy reporting." Taylor's testimony …
Brief • July 10, 2007
Hadix v. Caruso, MI, Independent Medical Montor's Report, Systemic Medical Neglect Class Action, 2007 Case 4:92-cv-00110-RJJ Doc #2535 Filed 07/10/07 Page 1 of 52 Page ID#8926 First Report of the Office of the Independent Medical Monitor Introduction In an effort to provide the prisoners at the Hadix facilities, many of …
Landmark Settlement Reduces SHU Time, Increases Treatment Of New York Prisoners With Mental Illness by by Betsy Sterling After five years of litigation and two weeks of trial, the New York State Department of Correctional Services and Office of Mental Health have agreed to a settlement that establishes major improvements …
Michigan Prisons: Another CMS Failure in Privatized Prisoner Health Care by David Reutter by David M. Reutter Another state prison system that subjected itself to the experiment of privatized medical services has learned the same hard lesson suffered by other states: a trail of inadequate care that leaves prisoners dead …
Michigan's Prison Health Care System Found Contemptuous by David Reutter by David M. Reutter "Step on a man's foot once, and a polite apology will do. Do it twice, and a profuse apology is in order. Do it thrice, and you have left the land of apology and entered the …
Indiana Prison Overcrowded with Inadequate Medical Care by The United States Court of Appeals for the Seventh Circuit held that the Indiana State Prison at Michigan City was overcrowded, and that the medical care available at the prison was constitutionally inadequate. The judgment of the trial court was affirmed in …
Article • May 15, 2007
Particulars to Be Considered in Indigent Prisoner's Request for Counsel by The U.S. Court of Appeals for the Seventh Circuit affirmed a U.S. district court's dismissal of prisoner's claim of cruel and unusual punishment against prison, vacated dismissal of claim against prison doctor and nurse, and remanded with instructions to …
Prisoners Entitled To Court Access, Can't Be Forced To Work if Disabled by The 5th Circuit has held that prisoners have an actual right to litigate as do other supplicants and that petitioner who submitted a § 1983 lawsuit was entitled to pursue his cause of action even after the …
Article • May 15, 2007
District Court Denies Physician's Assistant's Motion to Dismiss by The U.S. District Court for the District of Maine denied a motion to dismiss filed by a jail's physician's assistant in a claim of deliberate indifference to a serious medical need. In September 2001, Robert Dellairo was seen by an emergency …
PLRA Requires Exhaustion of "All Available" Remedies by PLRA Requires Exhaustion of "All Available" Remedies The Eastern District of New York determined that prisoners must exhaust all available remedies under the Prison Litigation Reform Act (PLRA), 42 USC §1997e(a). Adam Abney, a New York state prisoner, was in his cell; …
Article • May 15, 2007
Paraplegic Granted Injunction Requiring Proper Medical Treatment by A Kansas federal district court granted a prisoner at the Kansas State Penitentiary a preliminary injunction requiring prison officials to provide him with proper medical treatment. The prisoner was confined at the Wyandotte County Jail, when a guard appeared and without warning …
Article • May 15, 2007
Paraplegic Prisoner's Medical Neglect Claim Upheld on Appeal by The U.S. Court of Appeals for the Sixth Circuit affirmed the judgment of the U.S. District Court, Western District of Tennessee, in a lawsuit filed by Larry M. Leach, a paraplegic prisoner. Leach sued the Mayor and Sheriff of Shelby County …
Massachusetts Prisoner Files Law Suit For Being Beaten By Prison Guards by The United States District Court, District of Massachusetts, denied in part and granted in part a motion to dismiss a prisoner's law suit, for being beaten by prison guards. Wilfred H. Evicci, a prisoner who was housed at …
Delaware Medical Contractor's Policies Deliberately Indifferent by A Delaware Superior Court has denied a motion to dismiss a complaint alleging First Correctional Medical (FCM) was deliberately indifferent to the serious medical needs of prisoner Gregory D. Smith, causing his death. The suit alleged FCM's policies, procedures, and customs displayed a …
Delay of Treatment for Spinal Injury Suit Dismissed by The plaintiff alleged that his requests for medical treatment for two and a half months (after which he was found to have a severely ruptured disk) constituted deliberate indifference. The plaintiff's claims against the Sheriff is dismissed for lack of any …
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 …
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