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Article • May 15, 2007
PA Long-Arm Statute Reaches Out-of-State Civil Rights Violations in TransCor Suit by PA Long-Arm Statute Reaches Out-of-State Civil Rights Violations in TransCor Suit On May 5, 2000, Jerry Irons, an AIDS patient was arrested in Maryland on an Ohio warrant. On May 17, TransCor, a company that transports prisoners, took …
Article • May 15, 2007
Class Certified in CT Syringe Exchange Search Suit by The plaintiffs challenged a police practice of searching and arresting persons who participated in the Bridgeport Syringe Exchange Program, and moved for class certification. At 331: Numerosity "'is presumed at a level of 40 members' of a putative class." Exact class …
Article • May 15, 2007
HIV+ Plaintiff Can Be Anonymous in Needle Exchange Police Harassment Suit by Intravenous drug users who used state-authorized needle exchange programs alleged that they were harassed by the police. The plaintiffs had standing to seek injunctive relief. There is no minimum number of past incidents that must be pled to …
Article • May 15, 2007
Filed under: Medical, HIV/AIDS, Medication
Delay of HIV Medication Claim Dismissed by The plaintiff complained that he did not get his HIV medication on time. However, the evidence showed that his viral loads got better rather than worse during the relevant period, a doctor testified that it really didn't matter whether he got his medications …
AIDS Death Complaint Dismissed After Three Amendments by The decedent died of AIDS in prison. He was diagnosed on July 31, 1996 with Hepatitis C with symptoms corresponding to initial manifestations of AIDS; tests were ordered, he was referred to the health educator, and was told to come back to …
SICK ON THE INSIDE: Correctional HMOs and the Coming Prison Plague by By Wil S. Hylton When David Hannah walked into a small office on the second floor of the Moberly Correctional Facility in Moberly, Missouri, last fall, carrying his belly like a hundred-pound sack of sand, the staff knew …
Article • May 15, 2007
BOP Skin, Retaliation Suit Dismissed by The plaintiff alleged that at a Pennsylvania federal prison he had a skin rash, itching, swelling, and other symptoms and was treated for an allergic reaction; he was told that the Bureau of Prisons would not pay for an allergist or dermatologist and he …
Jail Policies Regarding HIV Infected Prisoner Unconstitutional by The U.S. District Court for the Western District of New York held that certain practices of the Erie County (New York) Holding Center regarding the handling of an HIV-infected prisoner violated New York State law and the U.S. Constitution. Former prisoner Louise …
Social Security Application Claims Estop Fired Jailer's ADA Claims by The U .S. Seventh Circuit Court of Appeals, affirming the U.S. District Court for the Northern District of Indiana, held that a former jail guard's claim, brought under the Americans with Disabilities Act (ADA) that he was terminated because he …
Article • May 15, 2007
Filed under: Classification, HIV/AIDS
Nevada Supreme Court Upholds Segregation of HIV-Positive Prisoners by Nevada state prisoner Brian Lepley appealed a trial court decision denying his federal civil rights claim that he should not be segregated from other prisoners because he is HIV-positive. The Nevada Supreme Court held that Lepley's complaint "did not state a …
$40,000 Settlement In Washington Employee Wrongful Termination Suit by In 1999 the Washington State Department of Corrections settled a law suit with Dorothy Holt and Janet Holt, mother and daughter who were nurses at Washington Corrections Center, for $40,000 for wrongful termination. Plaintiff's brought suit after being terminated for complaining …
$106,500 Awarded to Whistle Blowing FL Jail Nurse by A jury in Palm Beach County, Florida, entered a verdict in favor of Angela Wilson, who claimed that she was fired as an employee of the Palm Beach County Health Department for revealing illegal activities at her job. Wilson, who was …
Denial of HIV Treatment Suit against BOP, CCA Dismissed by The plaintiff complained that he did not get adequate HIV treatment in the District of Columbia system because the Federal Bureau of Prisons failed to transfer his medical records (though they did send a piece of paper saying he was …
Article • May 15, 2007
Mandatory AIDS Testing Upheld by The court of appeals for the Tenth circuit upheld an Oklahoma prison policy of subjecting prisoners to mandatory AIDS testing and punishing prisoners who refuse to submit to the tests. See: Dunn v. White, 880 F.2d 1188 (10th Cir. 1989).
Article • May 15, 2007
Washington Prisoner Receives $17,500 for Work Detail Needle Stick by On April 26, 2002, in the King County Superior Court, the Washington State Department of Corrections agreed to pay $17,500 to settle a lawsuit brought by a prisoner who was stuck with a dirty hypodermic needle while on a work …
$4,000 Award to IN Jail Prisoner Placed on Suicide Watch by The U.S. District Court for the Northern District of Indiana denied a motion by the Allen County, Indiana sheriff and two sheriff's deputies, defendants, for judgment notwithstanding the verdict (JNOV) or a new trial. A former county jail prisoner …
Article • May 15, 2007
Summary Judgment to Jail Officials Reversed by The U.S. Tenth Circuit Court of Appeals reversed and remanded a Kansas federal district court's grant of summary judgment to county jail officials on a complaint by a pretrial detainee alleging deliberate indifference to a serious medical need by jailers. John Sandifer, a …
$450,000 Award Against CMS, County In Death of Illinois Jail Prisoner by On May 16, 2002, a jury found Correctional Medical Services (CMS) of Illinois and Kane County liable for the death of Ethel Hare--a prisoner with chronic liver disease, hepatitis, and HIV--and awarded her estate $450,000. While imprisoned in …
Article • March 15, 2007 • from PLN March, 2007
HIV in Prison Is Lower Than Believed by Gary Hunter The Centers for Disease Control and Prevention recently released a study showing that the spread of HIV in prison is extremely low. Of 856 males in Georgia?s prisons who tested positive for HIV in 2005, only 76 acquired the virus …
Article • March 15, 2007 • from PLN March, 2007
Texas Prisoners Face Mandatory Testing For HIV by Gary Hunter From January to May 2006, 480 Texas prisoners tested HIV-positive upon their release from prison. Testing for the virus has now become mandatory in Texas before a prisoner can be released. The bill for mandatory testing, passed in May 2005, …
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