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Article • May 15, 2007
for filing a false affidavit of poverty. Plaintiff Earl Romesburg, a Missouri state prisoner, filed suit against prison officials for being deliberately indifferent to his medical needs with regard ...
Article • May 15, 2007
. The court assumes that the plaintiff had a serious medical need since his ailments "appear to be sufficiently serious and painful" (20). The plaintiff fails to allege deliberate indifference; he alleges only ...
failed to correct. 2. Health Care: (1) the county failed to screen prisoners for contagious diseases; (2) insufficient review by trained medical personnel of decisions made regarding the care ...
on the reasonableness of the searches and alleged retaliation before determining whether Dixon met the criteria for granting injunctive relief set forth in Women's Medical Ctr. of Northwest Houston v. Bell, 248 F.3d ...
did so, how they were made, by whom they were denied, and the reasons for denial. An allegation of a 13-day denial of medication does not state a claim absent allegations about which defendants did ...
Article • May 15, 2007
no threat." The claim that defendants "tempered their response" by getting the prisoner prompt medical attention did not establish that the force was reasonable. The use of force would have been "tempered ...
Article • May 15, 2007
appearance, Corpus said Bennett assaulted him. Investigators immediately interviewed Corpus. A medical examination revealed no serious injuries. No treatment was ordered. Corpus brought suit in federal ...
could be established and there was no evidence the death occurred in Idaho. The medical examiner, Dr. George Elliott, confirmed these findings at deposition. At trial, Elliott substantially changed his ...
; 1983, claiming their deliberate indifference to his serious medical needs violated his rights under the Eighth Amendment. On July 5, 2006 a jury found in Williams' favor on one count and awarded him ...
Article • July 15, 2007 • from PLN July, 2007
was raped in 2001 by a guard while imprisoned at the jail for violating her probation on a state drug charge. According to Vaquera the alleged rapist guard ordered her to clean the medical room. As she ...
Article • July 15, 2007 • from PLN July, 2007
to move the dumpster was dangerous, and he opined that Perez could not have done anything to control it. According to Perez?s medical expert, she has sustained moderate functional loss of her right hand ...
medical needs, and retaliated against him by denying him access to courts through denial of access to the law library and by transferring him to another prison. The district court granted summary judgment ...
Bonner's complaint only [sought] the aid of a qualified interpreter for prison counseling sessions, administrative or disciplinary hearings, medical treatments and diagnosis, and none of these programs ...
) policy requiring employees to provide general diagnoses as part of a medical certification procedure following certain absences generally fell within the Americans With Disabilities Act (ADA) prohibition ...
will pose a direct threat to health and safety [in the workplace] due to a medical condition.'" Additionally, "'there must be a genuine reason to doubt whether that employee can perform job-related functions ...
Article • May 15, 2007
to Florida's Pasco County Jail. The sheriff's deputies knew Lumley could not be admitted to the jail because of the gunshot wound to his head, so they took him to the East Pasco Medical Center. After ...
Article • May 15, 2007
a disciplinary citation for overdosing on a controlled substance. Tulio was ultimately found guilty, sentenced to 30 days in the restrictive housing unit, and ordered to reimburse the DOC $4,101.60 in medical ...
to an attending doctor and nurse, as reflected in medical records, was properly admitted into evidence. Accordingly, the matter was affirmed in part and reversed in part. See: Rascon v. Hardiman, 803 F.2d 269 ...
. A medical report showed the plaintiff suffered a tear in his rectum and that semen was present. The guard denied the claims, but as he was the only guard on the protective custody wing, the prisoners could ...
for improve medical access, sanitary conditions in food service were upgraded, and mattresses are now sanitized after each use. The Court held the settlement provides "substantial benefits to the class ...
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