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Plaintiff States Claim Against Private Medical Providers In § 1983 Action by Plaintiff States Claim Against Private Medical Providers In § 1983 Action The United States District Court for the District of Maine held that although a prisoner did not utter "the magic words 'policy and custom' in his" § …
Colorado Prisoners Awarded $45,466 In Attorney Fees And Costs by The U.S. District Court for the District of Colorado held that prisoners who had settled their civil rights lawsuit over conditions of confinement were entitled to attorney fees. Plaintiffs, prisoners confined in the Rifle Correctional Center, brought civil rights action …
Prisoners Have Right to Informed Consent and to Refuse Medical Treatment by The Third Circuit Court of Appeals held prisoners have a right to be informed of their medical treatment and may refuse that treatment; that the instituting of disciplinary action as retaliation for refusing treatment is unconstitutional, and the …
Article • May 15, 2007
Former Prisoner's Cancer Death "Deeply Regrettable" But Not Constitutional Claim by Former Prisoner's Cancer Death "Deeply Regrettable" But Not Constitutional Claim The U.S. Circuit Court of Appeals, Sixth Circuit, affirmed the grant of summary judgment to Kentucky jail and prison defendants in a case alleging that defendants' deliberate indifference left …
Illinois Prisoner States Claim Against Prison Doctors by The United States District Court for the Northern District of Illinois held that an Illinois prisoner stated a claim under the Eighth and Fourteenth Amendments against prison doctors, and that the doctors were immune in their official capacities. Jackey Bond, an Illinois …
Aliens May Sue Private Detention Companies Under ATCA by A federal court in New Jersey became the first court to hold that corporations which operate privatized immigration detention facilities may be sued under the Alien Tort Claims Act (ATCA). The Immigration and Naturalization Service (INS) contracted with Esmor Correctional Services, …
Federal Prisoner's Retaliation and Pain Suit Reinstated by John Dasta, a federal prisoner in Minnesota, sued prison administrators and a guard in federal district court, claiming they were deliberately indifferent to his painful back condition, and that they retaliated against him for filing grievances, in violation of the 8th Amendment …
Article • May 15, 2007
MN Prison Medical Consent Decree Still Active by In 1977 the U.S. District Court for the District of Minnesota issued a consent decree setting guidelines for the medical care provided to Minnesota state prisoners. In 2002, in response to the prisoners' pro se contempt motions, the State Department of Corrections …
WI Mental Health Records Ordered Disclosed by The plaintiff, a Protection and Advocacy for Individuals with Mental Illness (PAIMI) organization, sought records from a private mental health facility about two patients who choked to death on food. The facility didn't want to produce them. Notwithstanding defendants' claim that the question …
El Paso County Jail Conditions Unconstitutional by The Fifth Circuit Court of Appeals reviewed a district court's order that found conditions at Texas' El Paso County Jail were unconstitutional and ordered injunctive relief to correct the violations. The district court ordered that exercise and recreational areas be installed; prisoner diets …
Scott v. DC, Settlement, Magbie jail death quadriplegic, 2007 .-. GOVERNMENT OF THE DISTRICT OF COLUMBIA Office of the Corporation Counsel Generaluugarion Division ORDERED: lbat, pursuant to authority of Mayor's Order No. 88-238 the claim and lawsuit of Mary Scott, Social Security Number I iudi .dually and as personal representative …
Article • April 15, 2007 • from PLN April, 2007
California-Based Mental Health Systems, Inc.Fails 23 Audits by John Dannenberg by John E. Dannenberg San Diego, California-based nonprofit addict-counseling firm Mental Health Systems, Inc. (MHS) may have been making a profit on its annual revenues of $65 million, after all. In May 2006, the San Diego County Health and Human …
Article • April 15, 2007 • from PLN April, 2007
California DOC Stipulates to Providing Comprehensive Dental Care Program by John Dannenberg by John E. Dannenberg In settlement of a federal class action lawsuit on December 15, 2005, the California Department of Corrections and Rehabilitation (CDCR) agreed to provide dental care for all prisoners as set forth in a new …
Plunk v. CCA, TN, Complaint, failure to treat lymphona medical neglect, 2007 CCA-AF (6/2/14 PRA) 0058 CCA-AF (6/2/14 PRA) 0059 CCA-AF (6/2/14 PRA) 0060 CCA-AF (6/2/14 PRA) 0061 CCA-AF (6/2/14 PRA) 0062 CCA-AF (6/2/14 PRA) 0063 CCA-AF (6/2/14 PRA) 0064 CCA-AF (6/2/14 PRA) 0065 CCA-AF (6/2/14 PRA) 0066
Cotts v. Osafa, IL, Complaint, Medical Neglect, 2007 1:05-cv-01150-MMM-JAG # 44 Page 1 of 10 E-FILED Friday, 30 March, 2007 04:02:35 PM Clerk, U.S. District Court, ILCD IN THE UNITED STATES DISTRICT COURT OF THE CENTRAL DISTRICT OF ILLINOIS PEORIA, ILLINOIS ) ) ) ) PETER ANDREW COTTS, Plaintiff, ) …
Hawaii Settles DOJ Suit Over Unconstitutional Juvenile Facility by The State of Hawaii settled a suit brought by the United States government, resolving a suit over unconstitutional conditions of confinement at the Hawaii Youth Corrections Facility (HYCF) in Kailua, Hawaii. On August 16, 2004, the United States Department of Justice …
Article • March 15, 2007 • from PLN March, 2007
California DOC Federal Receiver Is Granted First Waiver of State Law by John Dannenberg by John E. Dannenberg The federal court Receiver for healthcare in California state prisons (see: PLN, Mar. 2006, p.1, Federal Court Seizes California Prisons? Medical Care; Appoints Receiver With Unprecedented Powers) surmounted his first statutory bureaucratic …
PHS Loses $707 Million FDOC Contract Rebid; State Adopts Hybrid Model of Prison Health Care by John Dannenberg by John E. Dannenberg On September 20, 2006, Tennessee-based Prison Health Services (PHS), a for-profit prison medical care contractor [see: PLN, Nov. 2006, pp. 1-10], exercised an escape clause just ten months …
California Inspector General Assesses DOC’s Compliance With Past Audit Recommendations by John Dannenberg California Inspector General Assesses DOC's Compliance With Past Audit Recommendations by John E. Dannenberg California's Inspector General (IG), Matthew Cate, who has oversight responsibility over the California Department of Corrections and Rehabilitation (CDCR), issued an exhaustive 363 …
Many U.S. Prisoners Mentally Ill, Few Receive Treatment by Michael Rigby Nearly half of the nation?s 2.3 million prisoners suffer from some sort of mental disorder, according to a report by the Bureau of Justice Statistics (BJS) released in September 2006. Yet fewer than a third of those receive any …
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