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Heroin Withdrawal a Serious Medical Need in Addict's Jail Death by A Maryland federal district court has held that withdrawal from a heroin addiction is a serious medical need. This action was filed by the widow of a pretrial detainee who died two days after being incarcerated at Maryland's Cecil …
Jury Need Decide Superintendents Liability in GA Prisoner's Death by This case was before the Eleventh Circuit Court of Appeals for the second time on a 42 U.S.C. §1983 action arising from the death, after a severe asthma attack, of a Georgia prisoner. The first appeal, Howell v. Evans, 922 …
Article • May 15, 2007
Jail Denial of Asthma Inhaler Upheld by The plaintiff was deprived of his asthma inhaler when he was jailed, supposedly pursuant to state standards stating that "all medications must be secured and accessible only to designated staff," and also because inhalers can be fashioned into weapons or produce a high …
Article • May 15, 2007
No Counsel for Asthmatic Forced to do Field Work by The plaintiff alleged that he had been required to perform certain field work (hoeing on a dusty road, digging a ditch, and helping spread dirt) despite having asthma. However, prison officials did so only after consulting with medical personnel. The …
Article • May 15, 2007
Sixth Circuit Upholds $54,750 ETS Damage Award by The Sixth Circuit US Court of Appeals upheld the district court's bench trial findings of fact and law, $54,750 damages award and $51,786 attorney fees award in a state prisoner 42 U.S.C. § 1983 civil rights suit claiming injury from environmental tobacco …
Article • May 15, 2007
$3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC by $3,500 Paid in Obstruction to Resolve Detainer and Denial of Notary By WA DOC The Eighth Circuit Court of Appeals held that an administrator is entitled to qualified immunity in a claim of deliberate indifference …
Article • May 15, 2007
$678,478 Awarded In Federal Prisoner's Death From Misdiagnosed Lung Cancer by In April 1997, the U.S District Court for the Northern District of Illinois awarded $678,678 to the estate of a federal prisoner who died from advanced lung cancer that had been misdiagnosed and improperly treated by prison medical personnel. …
Article • May 15, 2007
Death Row Prisoner Awarded One Dollar For Lung Damage by California State death row prisoner Dennis Ervine claimed Eighth Amendment violation where alleged bacteria from a dental procedure caused respiratory damage. After dismissal of key testimony from former prison personnel, on March 27, 2006, the jury found no conscious attempt …
$400,000 Wrongful Death Settlement After San Diego Jailers Hog-Tied Prisoner by John Dannenberg by John E. Dannenberg The County of San Diego, California agreed in September 2006 to pay $400,000 to settle an excessive-force wrongful-death lawsuit brought by the family of a prisoner who died on February 2, 2001 in …
Texas Supreme Court: Non-Suit Deprives Appeals Court of Jurisdiction by The Supreme Court of Texas held that a plaintiff?s filing non-suit while an appeal was pending deprived the court of appeals of jurisdiction and any authority to enter an order, holding or opinion. Darla Blackmon, a Texas state prisoner, died …
Brief • August 24, 2006
McCoy v. TDCJ, TX, 3rd Amended Complaint, asthma death, 2006 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION L.J. MCCOY and ANTONIO V. THOMPSON Plaintiffs v. § § § § TEXAS DEPARTMENT OF CRIMINAL § JUSTICE, BRAD LIVINGSTON, in his official § capacity as the Executive Director …
$769,000 Awarded For Death of Asthmatic Virginia Jail Prisoner by On May 11, 2005, a jury in Portsmouth City, Virginia, awarded $769,000 to the family of an asthmatic prisoner who died in the city jail due to inadequate medical care. While serving a five day sentence in the Portsmouth jail …
Brief • July 31, 2006
McCoy v. TDCJ, TX, Response Motion Summary Judgement, Asthma Death, 2006 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION L.J. MCCOY, et al. Plaintiffs v. TEXAS DEPARTMENT OF CRIMINAL JUSTICE, et al. Defendants ' ' ' ' ' ' ' CIVIL ACTION NO. 05-CV-370 PLAINTIFFS’ RESPONSE TO …
$9 Million Jury Award In Arizona County Jail Death by John Dannenberg by John E. Dannenberg A federal jury awarded $9 million to the family of a Scottsdale, Arizona prisoner who suffocated in a restraint chair in the Maricopa County Jail (MCJ) in 2001. Found negligent and liable were Sheriff …
Estate of Pennsylvania Prisoner Killed By Wexford Health Sources Settles Suit for $2.15 Million by Michael Rigby Wexford Health Sources and the Commonwealth of Pennsylvania have agreed to pay $2.15 million to the family of an asthmatic prisoner who died after her medication was denied at the State Correctional Institution …
Brief • May 27, 2006
McCoy v. TDCJ, TX, Response Motion to Dismiss, asthma death, 2006 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION L.J. MCCOY, et. al Plaintiffs v. ANN-MARIE DE LA ROSA, et. al. Defendants ' ' ' ' ' ' CIVIL ACTION NO. 05-CV-370 PLAINTIFFS’ RESPONSE TO DEFENDANT R …
Article • March 15, 2006 • from PLN March, 2006
Filed under: Medical, Respiratory
California Prison Doctor Suspended Following Three Prisoner Deaths by by Marvin Mentor A San Quentin State Prison physician, Dr. Garen Vong, whose alleged negligence contributed to the deaths of three prisoner patients since 2002, was suspended with pay ($11,381 per month) on February 3, 2005 pending investigation. The three preventable" …
Arkansas Juvenile Prisons Cornell Kills a Prisoner, Hires Guard DOC Fired by by Matthew T. Clarke Arkansas paid Cornell Corporations of Houston, Texas, $9.5 million a year to manage the Alexander Youth Services Center in Pine Bluff, Arkansas. What they got for their money was a prison that killed by …
Texas Jails Troubled by Deaths, Negligence and Failed Inspections by Gary Hunter For decades Texas jails have been cesspool's of misery, medical neglect, brutality and over crowding. Class action litigation in the 1970's alleviated some of the worst aspects of the Texas jail system and led to modest improvements. By …
Article • December 15, 2005 • from PLN December, 2005
Los Angeles County Settles Two Jail Medical Malpractice Wrongful Death Suits For $325,000 by Los Angeles County settled two prisoner wrongful death suits for $325,000 that alleged negligent medical care during incarceration at the L.A. County jail. On May 8, 2002, 39 year-old county jail prisoner Crystal Baize was transferred …
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