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Ninth Circuit Reinstates Disabled Prisoner's Deliberate Indifference Claim by On November 5, 2012, the Ninth Circuit reversed a district court’s dismissal of a lawsuit filed by a disabled prisoner with limited English proficiency who alleged that prison officials violated his constitutional rights by failing to honor a doctor’s order to …
Clingingsmith v. Ballard, IL, Settlement, Medical Neglect, 2013 UNITED STATES DISTRICT COURT FOR THE CENTRAL DISTRICT OF ILLINOIS ROCK ISLAND DIVISION CHRISTOPHER CLINGINGSMITH, Plaintiff, v. STEVEN J. BALLARD, DR. W. RANKIN, M.D., JANE DOE, ERIC LINDLEY, LT. LYDON, MR. RYAN, JOHN DOE, CARL CLARK, RYAN RIVERA, JOHN MCCALL, BRIAN FAIRCHILD, …
M.H. v. County of Alameda, CA, Expert Report, Alcohol Withdrawal Wrongful Death, 2013 Michael M. Baden, M.D. 15 West Sid Street, Suite 18 New York, New York 10019 Facsimile:(212) 397-2754 Telephone: (212) 397-2732 E-mail: MBaden@mac.com 9 December 2013 Via e-mail to haddad.sherwin@sbcglobal.net Julia Sherwin, Esq. Haddad & Sherwin 505 Seventeenth …
California: State Not Liable for Failure to Provide Needed Treatment so Long as Medical Care is Summoned by On January 15, 2013, the California Court of Appeal held that state prison officials were immune from liability, as a matter of law, for decisions that resulted in a prisoner failing to …
Denial of Contraceptive Pill to Prisoner States Cause of Action by A U.S. District Court in Florida has held that the denial of a prisoner’s access to a contraceptive pill to prevent pregnancy, based on a jail employee’s religious beliefs, states a cause of action. The plaintiff in the case, …
How Many Inmate Deaths is too Many? by Dave Maass by Dave Maass & Kelly Davis San Diego CityBeat Bernard Joseph Victorianne was a 28-year-old black male with a ticking time bomb in his stomach. Victorianne was arrested on September 12, 2012, less than two blocks from the San Diego …
Article • October 15, 2013 • from PLN October, 2013
Death Row Prisoners in Two States File Suit over Hip Replacements by David Reutter by David M. Reutter The fact that prisoners have a constitutional right to adequate medical care under the Eighth Amendment has long been established. Since the U.S. Supreme Court made that pronouncement in Estelle v. Gamble, …
Hunger Striking Illinois Jail Prisoner Dies by Matthew Clarke by Matt Clarke Against the backdrop of the recent hunger strike involving thousands of prisoners in California, the death last year of an Illinois jail prisoner who died after refusing to eat or drink is especially poignant. Lyvita Gomes, 52, died …
Brief • October 8, 2013
Parsons v. Ryan, AZ, Deposition, Wexford Health Sources, 2013 Parsons v. Ryan 30(b)(6) Deposition of Wexford Health Sources, Inc. Neil A. Fisher, M.D. - 10/8/2013 UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA Victor Parsons; Shawn Jensen; ) No. CV12-00601Stephen Swartz; Dustin Brislan; ) PHX-NVW (MEA) Sonia Rodriguez; Christina Verduzco;) Jackie …
Baker v. Wexford, IL, Complaint, Medical Neglect, 2013 Case: 3:13-cv-50193 Document #: 13 Filed: 09/23/13 Page 1 of 17 PageID #:221 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION GREGORY BAKER, Plaintiff, v. WEXFORD HEALTH SOURCES, INC., NEDRA CHANDLER, BESSIE DOMINGUEZ, ARTHUR FUNK, and …
Brief • September 23, 2013
Millner v. Multnomah County, OR, Complaint, Failure to Treat Diabetes Effects, 2013 Case 3:13-cv-01689 Document 1 Filed 09/23/13 Page 1 of 16 Page ID#: 1 Lynn S. Walsh, OSB #92495 email: walsh@europa.com 209 SW Oak Street Suite 400 Portland, Oregon 97204 Telephone: 503-790-2772 Facsimile: 503-227-6840 Attorney for Plaintiff UNITED STATES …
Article • September 15, 2013 • from PLN September, 2013
Seventh Circuit: Indiana Tolling Provision May Excuse Time-Barred Suit; Rule 12(b)(6) Dismissal Improper by The Seventh Circuit Court of Appeals has reversed a district court’s dismissal of an Indiana prisoner’s lawsuit as being time-barred. In January 2008, Pendleton Correctional Facility prisoner Danny R. Richards began complaining of abdominal pain and …
Aceves v. Ryan, AZ, Complaint, Failure to Protect, 2013 Case 1 2 3 4 Document 1 Filed 09/13/13 Page 1 of 9 Pau I Gattone State Bar Number 012482 LAW OFFICE OF PAUL GATTONE 312 S. Convent Tucson, Arizona 85701 (520) 623-1922 Attorney for Plaintiff 5 IN THE UNITED STATES …
Ellsworth v. Rose, AZ, Settlement, Medical Neglect, 2013 SETTLEMENT AGREEMENT AND RELEASE This Settlement Agreement and Release ("Settlement Agreement") is entered into, on, by, and among JAMES JACKSON ELLSWORTH, Arizona Department of Corrections ("ADC")#_, individually (the "Plaintiff'); and the STATE OF ARIZONA ("the State") on behalf of former ADC employee …
$450,000 Settlement in Prisoner’s Heroin Withdrawal Death Suit by In May, 2003, Prison Health Services (PHS) agreed to pay the family of Candace “Candy” Brown $450,000 to settle a lawsuit alleging inadequate medical care that resulted in Brown’s death. Brown was arrested in 2000 and taken to New York’s Monroe …
Qualified Immunity Denied to Nurses who Ignored Prisoner's Symptoms of Active TB; $2.28 Million in Damages, Fees and Costs on Remand by The Eighth Circuit Court of Appeals held on July 12, 2012 that a former prisoner had presented sufficient evidence against three nurses to overcome qualified immunity in a …
Seventh Circuit Remands Illinois Prisoner's Hernia Case for New Trial by The Seventh Circuit Court of Appeals held on August 10, 2012 that a district court's jury instructions concerning deliberate indifference in a prisoner's lawsuit were misleading and prejudicial, and therefore required a new trial. In November 2004, Illinois River …
Article • August 15, 2013 • from PLN August, 2013
Seventh Circuit Remands Case Concerning Treatment of Prisoner's Hemorrhoids by On July 23, 2012, after expediting a prisoner's appeal, the Seventh Circuit Court of Appeals ordered the district court to likewise act promptly following remand. The appellate court said such action was necessary because the plaintiff was experiencing "excruciating pain" …
Gooch v. Buford et al, TN, Settlement, CCA Inadequate Medical Care Indifference, 2013 CCA-AF (6/2/14 PRA) 0337 CCA-AF (6/2/14 PRA) 0338 CCA-AF (6/2/14 PRA) 0339 CCA-AF (6/2/14 PRA) 0340 CCA-AF (6/2/14 PRA) 0341 CCA-AF (6/2/14 PRA) 0342
Arenberg v. Rayn, AZ, Jury Verdict, Medical Neglect, 2013 Document 222 LODGED _yqECEIVEO JUL 2 5 2013 1 ' ~OURT CL!flK u'S OIST~ICT 2 BY. DISTAIOT10F ARIZONA 3 4 5 6 IN THE UNITED STATES DISTRICT COURT 7 FOR THE DISTRICT OF ARIZONA 8 9 David Arenberg, Plaintiff, 11 vs. …
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