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Prison and CMS Liable for Prisoner's Asthma Death by The court of appeals for the Eleventh circuit held that Georgia prison officials were liable for a prisoner's death from asthma. The prison officials were deliberately indifferent to the prisoner's health and the prison lacked adequate medical facilities. That the Georgia …
No Right to Medical Care beyond that Given by Prison by No Right to Medical Care Beyond that Given by Prison The court of appeals for the Ninth circuit held that a Washington prisoner who died of a heart attack had no constitutional right to medical care beyond that given …
Sheriff's Delay Or Denial Of Detainee's Serious Medical Needs Ruled Sufficient To Defeat Summary Judgment Motion by The Fifth Circuit US Court of Appeals ruled that a sergeant's actions that resulted in delay or denial of medical care to a county jail detainee who subsequently died from alcohol withdrawal seizures …
Mississippi Prison and Jail Officials Immune From Medical Neglect Suits by The Mississippi Supreme Court held that prison medical personnel are immune from any suit brought by a prisoner alleging negligence or wrongful death. This suit was brought by the estate of a Mississippi prisoner who died of meningitis. The …
Dismissal of Suit Against Alabama County for Juvenile Suicide Reversed by The Supreme Court of Alabama held that a circuit court erred when it dismissed a suit against the county stemming from a juvenile's death in county jail. Charles Keeton brought suit against Fayette County on behalf of his juvenile …
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 …
Article • May 15, 2007
Minnesota Supreme Court: Comparative Fault Analysis Inappropriate in Jail Suicide Case by Minnesota Supreme Court: Comparative Fault Analysis Inappropriate in Jail Suicide Case by Matthew T. Clarke The Minnesota Supreme Court (MSC) has held that it is inappropriate to perform a comparative fault analysis in the case of a prisoner …
Prison Doctor's Lack of Knowledge Does Not Constitute Deliberate Indifference by The Ninth Circuit U.S. Court of Appeals held that a Hawaii prison doctor's medical malpractice resulting in the death of a prisoner, while demonstrating negligence, did not rise to the level of "deliberate indifference" to establish Eighth Amendment cruel …
Sixth Circuit Affirms Qualified Immunity Denial; MDOC Director's Policy Challenged by Sixth Circuit Affirms Qualified Immunity Denial; MDOC Director's Policy Challenged The U.S. Sixth Circuit Court of Appeals affirmed denial of qualified immunity to the director of the Michigan Department of Corrections (MDOC) in a complaint brought by the father …
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
California County Pays $400,000 For Mentally Ill Prisoner's Suicide by On July 13, 2001, Contra Costa County, California, agreed to pay $400,000 to settle a federal wrongful death lawsuit stemming from the suicide of a mentally ill prisoner in the county jail. In 1999, Kyle Kentera, a 32-year-old man with …
CCA Settles Wrongful Death Suit in Texas For $60,000 by In 1998, Corrections Corporation of America (CCA) paid $60,000 to settle a lawsuit filed by the father of a prisoner who died from a drug overdose at a CCA-operated prison. Hugh Wayne Martin, a Texas state prisoner, was transferred to …
Article • May 15, 2007
$201,000 Settlement in Death of California Prisoner with Hepatitis C by In June 2002, the California Department of Corrections (CDOC) settled for $201,000 a wrongful death suit alleging denial of appropriate medical care for hepatitis C. The lawsuit, brought by the family of Rosemary Willeby, claimed her October 1999 death …
Tenth Circuit Affirms Suicide Verdict in Trentadue Case by The decedent, arrested for a traffic violation and found to have an outstanding warrant for federal parole violations, was sent to a federal prison for a parole violation hearing, asked for protective custody two days later, and was found in his …
Article • May 15, 2007 • from PLN May, 2007
Suit For Untreated Diabetic Prisoner’s Death In Los Angeles County Jail Lobby Settled For $700,000 by Suit For Untreated Diabetic Prisoner's Death In Los Angeles County Jail Lobby Settled For $700,000 The Los Angeles County Claims Board settled out a wrongful death lawsuit for $700,000 that resulted from a jail …
Trial Required for Fatal Head Injury by The court of appeals for the Ninth circuit held that a trial was required to determine if Imperial, California jail officials were deliberately indifferent to the serious medical needs of a pretrial detainee who fell and fractured his skull then later died. The …
MO Jury Awards $781,000 in BOP Suicide by On July 7, 1998 a federal jury in Missouri awarded the estate of a federal prisoner $781,000. William Chilton was serving a 30 month sentence for bank fraud. When he entered the federal prison system he was taking Desryl and Xanax to …
Article • May 15, 2007
$300,000 Settlement in Iowa Jail Detainee's Suicide by On March 21, 2003, the estate of David Price settled a lawsuit against the Black Hawk County jail in Iowa for $300,000. On December 17, 1997, Price hanged himself in his jail cell with a bed sheet. Price had been diagnosed as …
Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical by Dismissal Denied in Suit Against Alabama Sheriff and County in Detainee's Death From Lack of Medical Treatment. An Alabama federal district court held that a county can be held liable for failing to …
Article • May 15, 2007
$70,000 Jail Medical Neglect Death Award Upheld by The Fifth Circuit Court of Appeals upheld a jury verdict of $70,000 in a prisoner's death at the Williamson County Jail in Texas. The suit was filed on behalf of the prisoner's estate by his parents, alleging he suffered cruel and unusual …
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