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Federal Immigration Detainee Taken Off Life Support Without Family's Consent by by John E. Dannenberg A 69 year-old Mexican national, who suffered a heart attack at the federal Metropolitan Detention Center (MDC) in Los Angeles and was put on life support at White Memorial Medical Center, was taken off life …
Florida Jury Awards $3,000,000 for Medical Negligence Causing Prisoner's Death by After a seven-day trial, a Florida jury awarded $3,006,200 to the plaintiffs in a lawsuit claiming medical negligence, causing the death of a Florida prisoner. This was brought by the estate of prisoner Clifford E. Jones, Jr., 35, against …
Alabama Settles Class Action Medical Suit; Institutes HCV Treatment Protocol by John E Dannenberg Alabama Settles Class Action Medical Suit; Institutes HCV Treatment Protocol by John E. Dannenberg In a major milestone along the Southern Poverty Law Center's (SPLC) march towards gaining humane medical care in Alabama's prisons, a Settlement …
$40.1 Million Verdict Against CSC in Texas Prisoner's Medical Neglect Death by John E Dannenberg by John E. Dannenberg A Tarrant County, Texas jury awarded $35 million for negligence in the death of a boot camp prisoner, plus $5.1 million in punitive damages, against Florida-based Correctional Services Corp. (CSC) and …
Santa Fe Guards Rape Prisoners, Neglect Kills Another by Gary Hunter Two female prisoners were raped by Santa Fe jail guards within a ninety-day period. Santa Fe guards have been implicated in at least eight sexual assaults since 1999. Two of the victims were-minors. In April 2003, John Robertson, 39, …
Article • November 15, 2003 • from PLN November, 2003
Pepper Spray Drift Injury Can Be Actionable by John E Dannenberg by John E. Dannenberg The Ninth Circuit U.S. Court of Appeals held that where guards' pepper spraying of combatant prisoners in one cell did not violate their Eighth Amendment rights against cruel and unusual punishment, the drift of the …
The Deadly Health Services of Naphcare in Alabama by Lonnie Burton It is often said that you can tell a lot about a society by checking the condition of its prisons. Based on the way prisoners in Alabama are treated (or, more accurately stated, not treated), citizens of that state …
Temporary Injunction Issued in Alabama Suit by On June 26, 2003, the parties in Baker v. Campbell agreed to the entry of a temporary preliminary injunction which, among other things, provides for "immediate" and "adequate" medical care for Alabama prisoners with serious illnesses. The "Preliminary Injunction Settlement Agreement" stems from …
North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton North Carolina Juvenile Prisons Plagued by Physical, Sexual Abuse, and Medical Neglect by Lonnie Burton After four separate lawsuits were filed by prisoners serving sentences at two North Carolina juvenile facilities alleging a wide range …
Article • May 15, 2003 • from PLN May, 2003
Prisons Experience Outbreaks of Infectious Disease by Michael Rigby Prisons in Vermont and Pennsylvania dealt with serious outbreaks of infectious disease this past August resulting in the disinfection of an office complex and the filing of a class action lawsuit, respectively. Vermont In late July 2002, an outbreak of Legionnaire's …
Article • March 15, 2003 • from PLN October, 2004
Parents of Deceased Wisconsin Boot Camp Prisoner Settle for $462,000 by The parents of a Wisconsin state prisoner who died due to exercise stress after his medical complaints were ignored settled their wrongful death suit for $462,000. The Homeslys were parents of a male 20-year-old Wisconsin state prisoner who died …
Article • January 15, 2003 • from PLN January, 2003
7th Circuit Denies Qualified Immunity on ETS Claim by The Seventh Circuit Court of Ap-peals held that prison officials were not entitled to qualified immunity on a claim of exposure to environmental tobacco smoke (ETS). Wisconsin DOC prisoner Chad J. Alvarado brought suit against prison officials alleging an Eighth Amendment …
$54,750 Damages Awarded Asthmatic Prisoner in Michigan ETS Suit by John E Dannenberg by John E. Dannenberg The U.S. District Court (E.D..) awarded an asthmatic Michigan state prisoner $36,500 in compensatory damages and $18,250 in punitive damages after a bench trial determination that Michigan Department of Corrections (DOC) wardens had …
Wisconsin Medical Care Substandard, Even for Prisoners by Gary Hunter Michelle Greer had asthma, the operative word being had past tense. Her asthma no longer exists because Michelle Greer is dead. On February 29, 2000, at the Taycheedah Correctional Institution, she died of an asthma attack, suffocated by the apathy …
Article • February 15, 2002 • from PLN February, 2002
Second and Sixth Circuits Uphold Validity of PLRA's Taxation of Costs by Two recent appellate decisions from the Second and Sixth Federal Circuits have upheld the validity of the PLRA's taxation of costs against unsuccessful prisoner litigants, 28 U.S.C. §1915(f). The Second Circuit ruled that taxation of costs could be …
America's Jails: The Dungeons of the New Millenium by Sam Rutherford At any given time there are approximately 500,000 people incarcerated in the more than 3,500 city and county jails across the United States. Some of these individuals are confined while awaiting trial, others are serving relatively short sentences for …
Supreme Court Restricts ADA by Roger Smith The U.S. Supreme Court overruled an Eleventh Circuit Court of Appeals decision allowing disabled persons to sue State employers for money damages in federal court under Title I of the Americans With Disabilities Act (ADA). 42 U.S.C. § 12112. The 54 majority held …
Article • May 15, 2001 • from PLN May, 2001
County Must Pay Prisoner's Medical Expenses by AKansas Court of Appeals found that a governmental agency is not entitled to seek reimbursement from a prisoner for the cost of medical treatment received by the prisoner while in the agency's custody. While incarcerated in the Haskell County {Kansas) jail, David Sullivan …
Bag'm, Tag'm and Bury'm; Wisconsin Prisoners Dying for Health Care by Dan Pens [The Milwaukee Journal Sentinel (www.jsonline.com) published an investigative series titled: "Wisconsin's Death Penalty," by Mary Zahn and Jessica McBride, October 22-24, 2000. Wisconsin doesn't have capital punishment, but the Journal Sentinel revealed the routine "execution" of state …
NY DOCS Guard Nets $300,000 for ADA Retaliation by The U.S. court of appeals for the Second Circuit held that the absence of a finding of disability in a guard's Americans with Disabilities Act (ADA) claim did not preclude a finding that the guard's employer retaliated against him for bringing …
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