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Medical Care Unconstitutional in Puerto Rico Prisons by Medical Care Unconstitutional In Puerto Rico Prisons A federal court in Puerto Rico has held that the lack of medical care in the Puerto Rican prison system is unconstitutional. This is a class action under 42 U.S.C. § 1983 brought by Puerto …
$45,000 Award in BOP Tort Claim Medical Neglect Suit by Afederal district court in Texas has awarded a pro se federal prisoner $45,000 under the Federal Tort Claims Act (FTCA), 28 U.S.C. §§ 2671-2680, for medical neglect by the United States Bureau of Prisons (BOP) in failing to transfer him …
Juvenile Crime Still Pays -- But at What Cost? by Alex Friedmann Juvenile Crime Still Pays – But at What Cost? by Alex Friedmann [Last February, PLN published a cover article, "Juvenile Crime Pays," concerning the proliferation of for-profit juvenile justice services. This month we revisit the topic following recent …
Medical Cost-Cutting by Private Care Provider Opens Liability by Afederal district court in New York held that a jail prisoner had stated a claim for violation of his Eighth Amendment rights when he was denied medical care as a part of the county's effort to cut medical costs by contracting …
No Qualified Immunity for Private Health Care Provider by Afederal district court in Florida denied qualified immunity to a private provider of health care services to a county jail. Health care personnel failed to give a prisoner with a history of heart attacks her heart medication and ignored her complaints …
Mis-Managed Health Care in Texas Prisons by In 1993, Texas state prisons over-flowed with 70,000 prisoners. But the state was nearing completion of a $1.5 billion prison construction program that would more than double the number of state prisons. State Comptroller John Sharp appreciated what few Texans knew: the $1.5 …
Spanish Speaking Prisoners Entitled to Interpreters by In a wide ranging and extensive ruling a federal court in the District of Columbia held that by failing to provide interpreters to non English speaking Hispanic prisoners the DOC violated the plaintiffs' eighth and fourteenth amendment rights. As the first published ruling …
VI Decree Modification Denied Under PLRA, DOC Held in Contempt by A federal district court in the Virgin Islands made specific factual findings under the terms of the Prison Litigation Reform Act (PLRA) holding that prison and jail conditions on the island were unconstitutional and required federal court intervention to …
Article • August 15, 1997 • from PLN August, 1997
Utah Supreme Court Vacates Damage Reduction in Prison Suit by The Utah supreme court held that prisoners can sue for money damages for violation of their state constitutional rights, a landmark ruling for Utah prisoners. Roger Bott, a Utah state prisoner, sought medical care when he began experiencing vision problems. …
Medical Malpractice Instruction Warranted in Eighth Amendment Suit by The court of appeals for the second circuit held that in some cases medical malpractice may constitute an eighth amendment violation and a failure to instruct a jury accordingly is reversible error. William Hathaway, a New York state prisoner, filed suit …
Seventh Circuit Questions ADA Applicability to Prisons by The court of appeals for the seventh circuit issued its first ruling on the applicability of the Americans with Disabilities Act (ADA) to prisoners. In doing so it held that claims of incompetent medical treatment are not cognizable under the ADA. It …
Article • May 15, 1997 • from PLN May, 1997
Texas Prisoners Get Second-Rate Doctors by Texas prisons have become a refuge for several doctors with troubled pasts. The Dallas Morning News identified eight physicians working in state prisons after having been disciplined by medical review boards. The state of Michigan in June 1990 revoked Dr. Robert A. Komer's medical …
Pierce County (Tacoma) Jail Suit Settled by In the February, 1995, issue of PLN we reported the filing of Herrera v. Pierce County, a class action suit challenging overcrowding and various other unconstitutional conditions at the Pierce County jail in Tacoma, Washington. The suit was settled in mid 1996 in …
Article • February 15, 1997 • from PLN February, 1997
Prison Health Report Issued by The National Institute of Justice, a branch of the Department of Justice, has published a 125 page booklet titled "Managing Prison Health Care and Costs." The book provides an overview of rising prison health care costs with national examples of various cost containment strategies. The …
Article • December 15, 1996 • from PLN December, 1996
PLRA Not Retroactively Applicable to Special Masters by A federal district court in California held that the Prison Litigation Reform Act's (PLRA) provisions limiting the source and amount of payment to special masters appointed to monitor compliance with court orders did not apply to special masters appointed prior to the …
Challenging Evil That Ills This Society by Ed Kinane The September 1995 New York State Prison Strike [The following is reprinted from Peace Newsletter, 3/96.] Musaa has served 13 years of a 20 year sentence in the NYS penal system. He has earned three degrees with an emphasis on political …
Washington Prison Doctor Has License Suspended, Again by In October, 1994, the Washington State Medial Quality Assurance Commission began an investigation into the qualifications of Dr. Thomas McDonnell, the supervising physician at the Washington Corrections Center (WCC) in Shelton, WA. The investigation began after the Commission received two anonymous complaints. …
CDC Mental Health System Ruled Deficient by California's prison system (CDC) was cited by a federal judge for "gross inadequacies" in the delivery of mental health care services to prisoners. On September 13, 1995, U.S. district judge Lawrence Karlton put the bite on the CDC, issuing an 82 page court …
Article • April 15, 1996 • from PLN April, 1996
Pelican Bay Psychiatrists Resign in Protest by In the August '95 issue of PLN we reported Madrid v. Gomez, the suit challenging conditions at the Pelican Bay State Prison in Crescent City, CA. Federal district court judge, Thelton Henderson, ordered the California Department of Corrections (CDC) to implement significant improvements …
WSR Prisoner Murdered by Neglect by On December 12, 1994, Stanley Watson died of a heart attack at the Washington State Reformatory (WSR) in Monroe, WA. While heart attacks do happen and can be fatal Watson's death could have been easily prevented, so easily that his death amounts to negligent …
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