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7th Cir. Clarifies "Deliberate Indifference" for Medical Cases by To state an eighth amendment violation, prisoners must do more than claim mere negligence by prison medical staff. Willie Sellers was a federal prisoner held at the infamous penitentiary at Marion. He is also a diabetic. He filed suit claiming that …
Pelican Bay Ruling Issued by One prisoner publication hailed it as "A Moral Victory for Prisoners." The headline in a correctional trade magazine proclaimed "State Wins Pelican Bay Suit." Interpreting the 345-page Madrid v. Gomez opinion is difficult at best, and as shown by the contrasting headlines above, a reader's …
Article • July 15, 1995 • from PLN July, 1995
Dismissal for Failure to Amend Complaint Reversed by The court of appeals for the second circuit has held that a pro se prisoner's complaint should not be dismissed for failure to file a clear and concise complaint, failing to comply with the pleading requirements of Federal Civil Procedure and for …
PA Class Action Settlement Published by The October, 1994, issue of PLN reported that on August 12, 1994, attorneys representing all Pennsylvania state prisoners had reached a settlement with prison officials of that state regarding almost every aspect of prison conditions in that state. The district court has published the …
Article • July 15, 1995 • from PLN July, 1995
Health Problems in WY by We have a new Health Service provider that took over from the state. They worry about costs over and above prisoners' health care. The name of the provider is Wexford Health Services, Inc. Their home office address is 4500 PGA Blvd. Suite 302, Palm Beach, …
DOJ Sues MT DOC by On December 1, 1994, the federal Department of Justice (DOJ) sued the Montana Department of Corrections about overcrowding, safety and health problems in the Montana DOC. This lawsuit comes after an earlier suit against the Montana DOC filed by the ACLU was settled by the …
Purdy Medical Suit Settled by In the April, 1994, issue of PLN we reported Hallet v. Payne, No. 93-5496(T)D, the class action suit by women prisoners in federal court in Tacoma against prison officials at the Washington Corrections Center for Women, also known as Purdy. The suit alleged that medical …
Pierce County Jail Sued by On January 19, 1995, a class action suit was filed against Pierce County (Tacoma, Washington) concerning massive overcrowding at its jail. The jail was built in 1984 and designed to hold 470 prisoners, it was later remodeled to hold 628. On January 17, 1995, the …
Settlement Reached in MT Prison Case by A settlement agreement has been reached between attorneys for prisoners at the Montana State Prison (MSP) and Montana state officials responsible for running the prison. The case, Langford v. Racicot, was originally filed on December 30, 1993. The National Prison Project of the …
Settlements and Jury Awards by NJ: Former Bayside State prison, NJ, doctor John Napoleon, will have to pay six prisoners $80,000 to settle an eighth amendment medical neglect suit against him. The prisoner plaintiffs, all incarcerated in NJ state or county prisons, claimed that Napoleon deliberately failed to treat them …
Attorney Fee Awards Analyzed by Larry Jones is an Arkansas state prisoner. He filed suit against various state prison officials claiming deliberate indifference to his serious medical needs, use of excessive force by guards and inadequate staff supervision. The case went to trial and a jury found in favor of …
$273,000 Settlement for Gassing by A hallucinating diabetic was sprayed in the face with a chemical spray called "Freeze + P." after he had been arrested and tried to escape. The spray contains tear gas and a red pepper derivative. After being held in the Montgomery County, Alabama, jail for …
Agreement Reached in State-Wide Pennsylvania Prison Case by On Aug. 12, 1994, lawyers representing the prisoners announced that they have reached a settlement with the State of Pennsylvania in Austin v. Lehman, the state-wide prison conditions case filed in November, 1990. The agreement has been presented to U.S. District Judge …
WA DOC Negligence Caused Prisoner Death by Paul Wright By Paul Wright In the July, 1994, issue of PLN we reported on the death of Gertrude Barrow, a prisoner at the Washington Corrections Center for Women (WCCW) at Purdy. On May 16, 1994. Barrow died of a perforated ulcer with …
Breach of Contract Claim OK Against Medical Contractor by On December 22, 1992, Eddie Cherry began serving a 30 day sentence in the Polk county jail, Florida, for drunk driving. At the time of his incarceration he told jail staff that he drank approximately a case of beer a day. …
AZ Medical Care Unconstitutional by This lengthy (76 pages) opinion deals with a DOC-wide class action suit filed by Arizona state prisoners challenging the medical and dental care, treatment available for seriously mentally ill prisoners, and unequal medical treatment provided to females compared to that provided male prisoners. District court …
Article • August 15, 1994 • from PLN August, 1994
Coalition and Prisoners Fight for Better Health Care by San Francisco, March 10, 1994 -- Despite a demonstration of over 100 people at the gates of Chowchilla prison on January 29 for better health care, the daily medical neglect and abuse continues unabated. Since the beginning of the year, three …
Article • August 15, 1994 • from PLN August, 1994
Researching Medical Deliberate Indifference by Dude J Rose By Dude J. Rose Prisoners have an eighth amendment right to adequate medical treatment. When bringing a claim of inadequate medical treatment, the plaintiff/prisoner must allege and show deliberate indifference on the part of the defendants towards the prisoner's medical needs and …
Suit Filed Over Conditions at Virgin Islands Criminal Justice Complex by For almost two years, prisoners at Criminal Justice Complex have been locked up for 23 hours a day in overcrowded, filthy, rat and roach infested cells. They are only allowed out for a short period each day to shower …
Prisoner Dies at Purdy by In the April, 1994, issue of PLN we reported Hallett v. Payne, a class action suit filed by prisoners at the Washington Corrections Center for Women (WCCW) at Purdy. The suit contends medical care is wholly inadequate to meet the medical needs of prisoners. On …
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