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Article • May 15, 2007
Additional Evidence in New York Medical Claim Allowed in Part by The United States District Court, Southern District of New York, has granted in part a New York Department of Correctional Services (DOCS) prisoner's motion to submit additional new evidence in a long-running suit over inadequate medical care. Ronald Davidson …
Article • May 15, 2007
Federal Jury Awards $225,000 to Georgia Prisoner Denied Glaucoma Medication by In this case published in April 1991, a federal jury awarded $225,000 to a man who was denied prescribed glaucoma medicine while in the Fulton County (Georgia) Jail. Plaintiff Smith (first name unknown), was arrested for trafficking cocaine and …
Article • May 15, 2007
Eye Damage Cause by TB Medication Suit Dismissed for Failure to Exhaust by The plaintiff suffered severe visual damage from TB medication. He didn't exhaust against the nurse who made him take the medication and ignored his complaints of side effects. Non-exhaustion is not excused by the fact that he …
Failure to Accommodate Blind Prisoner Violates ADA by A Florida federal district court has held that a private medical contractor, EMSA Correctional Care, Inc. (EMSA), and Sheriff Ken Jenne violated a blind prisoner's rights under the Eight Amendment and the American with Disabilities Act (ADA) when they failed to provide …
PHS Redux: Sued In A Dozen States, Contract Losses, Stock Plummets, Business Continues by John Dannenberg by John E. Dannenberg Prison Health Services (PHS), a subsidiary of America Service Group, Inc. (ASG), continues to face lawsuits and lose contracts for its deplorable record of prisoner health care gaffes in a …
Article • October 15, 2006 • from PLN October, 2006
Filed under: Medical, ENT, Vision
New York Prisoner Paid $1.25 Million for Untreated Glaucoma by On October 4, 2005, prisoner Abraham Mitchell settled his claim against the State of New York for $1,250,000. Mitchell had claimed in his lawsuit, filed in the Albany Court of Claims, that the New York Department of Correctional Services was …
Ninth Circuit Reverses Dismissal of ADA Suit for Failure to Exhaust by The Ninth Circuit Court of Appeals held that a district court erred in dismissing a California prisoners suit for failing to exhaust administrative remedies under 42 U.S.C. § 1997e(a) of the Prison Litigation Reform Act, (PLRA). Earl Butler, …
Article • February 15, 2006 • from PLN February, 2006
Filed under: Medical, Vision
New York Prisoner Awarded $2,500 for Delayed Eyeglasses by On February 9, 2005, a New York court of claims awarded $2,500 to a state prisoner whose replacement eyeglasses were delayed for 10 months. Marc Herouard, a prisoner at the Fishkill Correctional Center, discovered on February 7, 2001, that his eyeglasses …
Article • December 15, 2005 • from PLN December, 2005
Michigan Jail Settles Unreasonable Use of Force Case for $130,000 by Amanda Hickman On March 1, 2005, the Wayne County jail in Detroit, Michigan settled an excessive use of force case for $130,00. Plaintiff, Victor Walker, alleged that on October 12, 2000, while being held in the Wayne County Jail …
California Tort Claim Dismissed For Failure to Fully by California Tort Claim Dismissed For Failure to Fully Exhaust Administrative Remedies by John E. Dannenberg The California Court of Appeal held that a prisoner's tort claim must be dismissed without prejudice for failure to fully exhaust administrative remedies even though the …
Article • September 15, 2005 • from PLN September, 2005
New York Prisoner Awarded $1,000 For Uncleaned Prosthetic Eye by On September 1, 2004, a court of claims in White Plains, New York, awarded $1,000 to a state prisoner because prison personnel failed to timely clean his prosthetic eye, causing him pain and suffering. Lionel Walker, a prisoner at the …
Brief • May 12, 2004
Degorski v. Wilson, IL, Complaint, Jail Beating, 2004 Case: 1:04-cv-03367 Document #: 1 Filed: 05/12/04 Page 1 of 9 PageID #:1 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS or::? u1 ~ . , •<J ( EASTERN DIVISION ' ( I .. . JAMES DEGORSKI, DOCKETED~ Plaintiff, MAY …
Article • December 15, 2003
$728,000 Awarded to Canadian Prisoner Beaten By Fellow Prisoner Leaving Him Legally Blind by $728,000 Awarded to Canadian Prisoner Beaten By Fellow Prisoner Leaving Him Legally Blind Former Alberta, Canada, prisoner Jeremiah McLellan was sentenced as an adult at age 16 for a 1995 robbery that resulted in two deaths. …
Exceptions Made To PLRA Exhaustion Requirement; Discovery Allowed by John E Dannenberg by John E. Dannenberg Two U.S. District Courts recently made exceptions to the Prison Litigation Reform Act's (PLRA) requirement to exhaust administrative remedies. The Central District of California court ruled that when a prisoner's administrative appeal had been …
News in Brief by Roger Hummel Alaska: On April 11, 2002, Cynthia Cooper, the head prosecutor in the state attorney general's office, resigned after being judicially admonished for pursuing felony charges against a public defender who crashed his car into a light pole. Anchorage prosecutors had agreed to a misdemeanor …
Illinois Court Reduces Prisoner's Eye Injury Award to $850,000 by The United States District Court for the Central District of Illinois has denied a motion for a new trial by an Illinois Department of Corrections (ILDOC) physician but granted remittitur of both the compensatory and punitive damages awards given to …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Injury -- Misc., Vision
$180,000 for Loss of Vision in Left Eye by $180,000 for loss of vision in left eye On May 17, 1995, Joseph Johnson was incarcerated in the Spokane County Jail. That evening a fight broke out between two prisoners, and Mr. Johnson assisted jailers in quelling the disturbance. In the …
Article • March 15, 2002 • from PLN March, 2002
Filed under: Medical, Vision
$5,000 Paid for Failure to Treat Iritis by $5,000 paid for failure to treat iritis While incarcerated at the WSP in 1993, Terry Miller contracted iritis in his right eye. The eye was extremely swollen, red and painful when he reported to the clinic on May 4, 1993. Despite the …
DC Prisoner Wins $175,000 in Conditions Case by David C Fathi by David C. Fathi On January 25, 2001, a federal jury in Washington, D.C. awarded nearly $175,000 to D.C. prisoner Lawrence Caldwell in his challenge to conditions at the District of Columbia's Maximum Security Facility (MSF) in Lorton, Virginia. …
Article • August 15, 2001 • from PLN August, 2001
Court Awards $146,000 in Arizona Medical Indifference Case by Lonnie Burton An Arizona prisoner was awarded over $146,000 in damages in January 2000 after he filed suit claiming that an Arizona prison nurse's care amounted to deliberate indifference. Manuel Covarrubias, 46, was a prisoner at the state prison at Douglas, …
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