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Article • November 15, 2001 • from PLN November, 2001
Leg Amputation Caused by Improper Treatment Defeats Summary Judgment by A federal district court in New York has ordered a new trial in a civil rights excessive use of force suit. Prisoner Milton Ruffin filed suit against Sullivan Correctional Facility guard Van Fuller for an incident that occurred on October …
America's Jails: The Dungeons of the New Millenium by Sam Rutherford At any given time there are approximately 500,000 people incarcerated in the more than 3,500 city and county jails across the United States. Some of these individuals are confined while awaiting trial, others are serving relatively short sentences for …
Ohio ACLU Challenges Supermax by The ACLU has filed a class-action suit in federal court in Cleveland, Ohio, under 42 U.S.C. § 1983 challenging the conditions of confinement at Ohio's supermax prison in Youngstown. The lawsuit alleges that conditions at Ohio State Penitentiary (OSP) constitute cruel and unusual punishment, violating …
Sanction Excessive When It Excludes Medical Expert's Testimony by The Court of Appeals for the Seventh Circuit has held that a discovery sanction is excessive when it causes the dismissal of a prisoner's suit by excluding expert medical testimony. The Court also held that dismissing a claim for failure to …
Brutality Behind the Orange Curtain by Willie Wisely by W. Wisely The FBI began its second civil rights investigation of the Orange County, California, sheriff's department following the beating of a diabetic prisoner asking for food to lower his blood sugar. Michael Gennaco, head of the civil rights division of …
BOP Medical Personnel Absolutely Immune from Suit by The Second Circuit Court of Appeals held that medical personnel employed by the Bureau of Prisons (BOP) are absolutely immune from suit. Prisoner John Andrew Cuoco, a preoperative male to female transsexual, filed an action against various officials at the BOP facility …
Class Action Medical Neglect Suit Filed Against CDC by Alleging that the California Department of Corrections (CDC) violates the Eighth Amendment protection against cruel and unusual punishment by providing seriously inadequate medical care to state prisoners, the Prison Law Office and the law firms Pillsbury Winthrop and McCutchen Doyle Brown …
Article • July 15, 2001 • from PLN July, 2001
Virginia DOC Cuts Ties with CMS by Robert Durkee Virginia DOC Cuts Ties With CMS by Robert Durkee After numerous allegations of inadequate medical care, pending prisoner lawsuits and nearly $1 million in state imposed fines, Virginia Department of Corrections decided to sever at least two of its contractual ties …
CCA Medical Cost-Saving Contract Unconstitutional by A Tennessee federal district judge as found an incentives contract between the Corrections Corporation of America (CCA) and a private doctor unconstitutional and must be stopped. The contract provided for financial incentives for the physician to reduce costs, which motivated him to reduce medical …
$235,000 Awarded to CCA Prisoner in Medical Suit by On March 23, 2001, a federal jury in Memphis, Tennessee, awarded Tennessee state prisoner Charles Degan $235,000 in damages in a medical neglect suit against Corrections Corporation of America (CCA), the world's largest private, for profit, prison company. In 1998 Degan's …
New Jersey Detainees Entitled to Medical Care by A federal district court in New Jersey held that material issues of fact precluded summary judgment on a former prisoner's claim that he was denied adequate medical care. The court also rejected defendants' claim of qualified immunity. Dana Andrews, a former prisoner …
ADA Settlement at Washington Special Commitment Center by Hank Balson By Hank Balson In December 2000, the Washington Department of Corrections (DOC) and the Washington Department of Social and Health Services (DSHS) settled a lawsuit brought by seven disabled residents of the Washington Special Commitment Center (SCC), the state's civil …
Frozen Toes State a Claim for Deliberate Indifference by A U.S. District Court in Minnesota handed down a mixed ruling on defendants' motion for summary judgment on a federal prisoner's claim of deliberate indifference to his serious medical needs. On January 25, 1996, after walking for 23 hours in freezing …
California Legislative Committee Hearing Meets Behind Prison Walls To Hear Testimony From Female Prisoners by Silja JA Talvi by Silja J.A. Talvi It was anything but an ordinary California legislative hearing. On Wednesday, October 11,2000, behind the barbedwire grounds and multiple security checkpoints of Chowchilla's Valley State Prison for Women …
Jail Term for DUI Turns into Death Sentence by On July 11, 2000, Rodney "Rocky" Eickstadt began serving a 175day jail term at the Franklin County (Ohio) Jail for drunken driving. Ten weeks later he was dead _ from complications related to untreated diabetes. Eickstadt didn't know he was diabetic …
Article • March 15, 2001 • from PLN March, 2001
"The Judge Gave Me Ten Years--He Didn't Sentence Me to Death" by Anne-Marie Cusac "The Judge Gave Me Ten Years--He Didn't Sentence Me to Death" Prisoners with HIV deprived of proper care By Anne-Marie Cusac In prisons and jails across the country, prisoners with HIV or AIDS are denied proper …
Bag'm, Tag'm and Bury'm; Wisconsin Prisoners Dying for Health Care by Dan Pens [The Milwaukee Journal Sentinel (www.jsonline.com) published an investigative series titled: "Wisconsin's Death Penalty," by Mary Zahn and Jessica McBride, October 22-24, 2000. Wisconsin doesn't have capital punishment, but the Journal Sentinel revealed the routine "execution" of state …
Louisiana Abandons Private Juvenile Prisons by The state of Louisiana agreed to a settlement in federal court September 7, 2000 designed to radically alter the way it operates its juvenile prisons. The agreement was intended to settle several lawsuits against the state, including one by the U.S. Dept. of Justice, …
Article • January 15, 2001 • from PLN January, 2001
Hepatitis C, A 'Silent Epidemic' Strikes U.S. Prisons by Silja JA Talvi It's been called the nation's most insidious virus. A "silent epidemic" that has swept the nation, hepatitis C is now the most common, chronic, bloodborne infection in the U.S. Because the virus often causes no noticeable symptoms for …
Dying For Profits: CMS and the Privatization of Prisoner Health Care by Ronald Young By Ronald Young Marvin Johnson, a 28-years-old diabetic, required 100 units of insulin per day to stay alive. On the morning of July 27, 1995, he was arrested and jailed in Little Rock, Arkansas for driving …
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