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Private Medical Services Skirmish Over INS Contract by A Delaware Chancery Court denied a motion to dismiss filed by Prison Health Services, Inc. The motion sought to dismiss the complaint ...
: "The plain language of 'prison conditions' suggest those aspects of prison life affecting the entire prison population, such as the food, medical care, recreational facilities, and the like." The holding ...
and there is no threat to safety. The police officer defendants were obliged under the ADA to accommodate a deaf individual in the course of arresting him. The plaintiff was refused medical treatment for five hours ...
no jurisdiction). The government is allowed to perform an external examination by a medical doctor before and after the execution, and to photograph and videotape the execution, which sufficiently protect its ...
of Prisons failed to transfer his medical records (though they did send a piece of paper saying he was to take AZT every four hours and he required blood and bodily fluid precautions). In the D.C. system, he ...
Article • May 15, 2007
that the lousy facilities themselves demonstrated a municipal policy of deliberate indifference. The Sheriff also acted reasonably with respect to medical care. The court reaches this conclusion despite the fact ...
qualified immunity: absent malice, the defendant is immune for discretionary acts, and arrest and provision of medical care are discretionary. The court doesn't inquire whether the circumstances ...
Article • May 15, 2007
statement of each incident in which he was raped, molested, or denied medical treatment, where and when it happened, and the names of the officers or others involved in each incident. See: Craft v. Mann, 265 ...
and Correctional Medical Services, Inc., are dismissed because he appears to rely on respondeat superior, and corporate liability under § 1983 requires a showing of policy or custom of the corporation ...
Article • May 15, 2007
of fact requiring a trial to resolve existed as to the guard's random use of tear gas and possible injury to the plaintiffs as well as the denial of medical treatment for tear gassed prisoners. A local ...
the prison law library was not a justifiable prison restriction. The court held the plaintiff's religious and medical care claims did not a state a claim for relief. Not a ruling on the merits. See: Green v ...
Article • May 15, 2007
and medical reports detailing Luciano's injuries were filed. Luciano sued the guards under 42 U.S.C. §1983 claiming that the excessive force and injuries violated the Eighth Amendment. The district court ...
counseling, including, but not limited to, a classification counselor; (4) Whenever a deaf prisoner is provided psychological, psychiatric, or medical care;(5) in any on-the-job training program, vocational ...
was precluded do to remaining issues of fact as to the adequacy of prison officials' response to prisoner's medical needs, the validity of prison officials' qualified immunity defense, and the need ...
Article • May 15, 2007
distress, causing hospitalization and the loss of his license to practice respiratory therapy due to the ordeal. He sought compensatory and punitive damages for costs of hospitalization, medication ...
materials and postage. The prisoner further alleged the guards disclosed he had AIDS and that they had shown deliberate indifference to his medical needs. A jury awarded the prisoner $200 in compensatory ...
Article • May 15, 2007
that the individual is not guilty of [a criminal] offense by offense by reason of insanity." In 1996, the claimant was recommitted for failing to take his psychotropic medication, which was a condition of his release ...
Article • May 15, 2007
held that the statutes at issue, RCW 72.08.101 and RCW 70.96A.050(3), did not guarantee any particular method of treatment. Because the penitentiary provided "counseling, medical, psychiatric ...
prisoners, reading and writing materials, 30 minutes of outdoor exercise per day, adequate medical and mental health care and be allowed to keep personal legal materials; (6) no isolation prisoners ...
Article • May 15, 2007
, shelter, sanitation, necessary medical attention, personal safety, and recreational opportunities. The Fifth Circuit vacated the district court's instructions that all prisoners be single celled ...
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