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Seventh Circuit Affirms Denial of Deliberate Indifference Claim by On July 14, 2008, the U.S. Court of Appeals for the Seventh Circuit upheld a grant of summary judgment for two doctors accused of deliberate indifference. Greg Duckworth, an Illinois prisoner, sued two prison physicians after it was discovered that he …
Article • September 15, 2009
$10,000 Settlement for Ill Treatment Prisoner Colostomy Bag by Washington State’s King County jail has paid $10,000 to settle the claim of Patrick Gaines, who entered jail on May 17, 2002 wearing a colostomy bag that had been surgically implanted in December 2001. Up until May 20, Gaines was kept …
Jail Guards Allowed to Assert Qualified Immunity Defense; Nurses Not by The Sixth Circuit Court of Appeals has reversed a Michigan federal district court’s decision that denied a group of jail guards qualified immunity in a case in which a prisoner died after complaining of chest pain and breathing problems. …
Article • September 15, 2009
$51,000 Settlement in Seattle Jail Prisoner’s Death by Washington State’s King County Jail paid $51,470.37 to settle a lawsuit stemming from the April 6, 2004 death of prisoner Wade S. Brown, who advised jail officials upon booking that he had heart problems that required prescribed medications. Despite that information during …
Article • September 15, 2009
$3,700 Award in NY DOCS Medical Negligence/Lost Property Claim by A New York Court of Claims awarded a prisoner $3,732.68 plus interest, for claims of medical negligence and lost property. Stephen Grant, a prisoner at Gowanda Correctional Facility, was assaulted on July 10, 1996 by members of a prison gang …
Article • September 15, 2009
$15,000 Settlement for Failure to Treat Seattle Jail Prisoner’s Hernia by Washington State’s King County Jail paid $15,000 to settle the civil rights suit of Douglas E. Gallagher, who claimed that the Jail had failed to treat his hernia from May 2004 until the time of settlement in March 2006. …
Article • September 15, 2009
$15,000 Settlement for Failure to Treat Seizure Disorder at Seattle Jail by Washington State’s King County Jail paid $15,442.53 to settle the civil rights suit of Troy Deimerly, who claimed the jail failed to take steps to treat his seizure disorder. When Deimerly entered the jail on June 4, 2002, …
University of Arizona Releases Report on Women Immigration Prisoners by Matthew Clarke by Matt Clarke In January 2009, the Southwest Institute for Research on Women (SWIRW) and the Bacon Immigration Law and Policy Program of the University of Arizona published a report on women held in Arizona immigration prisons. It …
Montana Agrees to Improve Prison Conditions for Female Prisoners by On November 22, 1994, the State of Montana agreed to settle a class action suit brought by female prisoners incarcerated at the Women’s Correctional Center (WCC). The plaintiffs alleged that the state (1) was deliberately indifferent to their serious health …
Article • July 15, 2009
No Jury Bias in Trial of Prisoner’s Eighth Amendment Claim by The U.S. Court of Appeals for the Seventh Circuit rejected a prisoner’s attempt to obtain a new trial of deliberate indifference claims based on jury bias. Gilbert Arreola sued Mohammed Choudry, a prison doctor, for deliberately indifferent treatment of …
Eleventh Circuit Reverses Dismissal of 8th Amendment Medical Indifference Claim by The U.S. Court of Appeals for the Eleventh Circuit has reversed the dismissal of a lawsuit brought by a federal prisoner alleging deliberate indifference to his serious medical needs. Enrique Acosta brought suit against unknown named personnel of the …
Article • July 15, 2009
$1,250 Settlement in Improper Treatment of Prisoner with Colostomy Bag by Washington State’s King County Regional Justice Center (RJC) paid $1,250 to Willie L. Carter for failing to properly treat and provide materials for his urine colostomy bag. The RJC did not have the proper colostomy bag for Carter. Thus, …
$1,400 Settlement in WTO Protester’s Claim by Washington State’s King County Jail paid $1,390.62 to settle the claim of Philip E. Craft, who was arrested for protesting the WTO and was in jail from December 1 – 5, 1999. Craft alleged that prior to being arrested, he was pepper sprayed …
Article • July 15, 2009
$2,000 Settlement in Seattle Jail Medication Claim by Washington State’s King County paid $1,975 to settle the claim of Lenard Lindsey for events that occurred between March 20, 2000 and May 18, 2000. While riding in a jail vehicle that was forced to make a sudden stop on March 20, …
Brief • July 7, 2009
Filed under: Medical, Failure to Treat
Silva, et al. v. County of Los Angeles, CA, Settlement, MRSA, Amputation, 2009 COUNTY OF LOS ANGELES OFFICE OF THE COUNTY COUNSEL 648 KENNETH HAHN HALL OF ADMINISTRATION 500 WEST TEMPLE STREET LOS ANGELES, CALIFORNIA 90012-2713 TELEPHONE (213) 974-1838 FACSIMILE ROBERT E. KALUNIAN Acting County Counsel May 7, 2009 (213) …
$200,000 Settlement in Excessive Force Claim by Washington State’s King County has paid $200,000 to settle the excessive force claim of Bryan J. Miles. On February 13, 2004, Miles was a passenger in his car, which was being driven by an acquaintance of Miles, when police attempted to pull the …
$899,500 Award in NY DOCS Medical Negligence Resulting in Leg Amputation by A New York Court of Claims awarded a former prisoner a total of $899,500 in a medical negligence claim. As a result of the delays and neglect in treatment of William C. Stephens’s peripheral vascular disease (PVD) by …
Fifth Circuit Affirms Summary Judgment and Directed Verdict in Mississippi Jail Suicide Case by On December 2, 2008, the Fifth Circuit Court of Appeals issued an opinion affirming summary judgment in favor of the sheriff and the directed verdict for the county and other defendants in a case involving a …
Systemic Constitutional Violations at Ohio Juvenile Facilities Leads to Settlement in Class Action; Guards Attempt to Block Relief by Brandon Sample Systemic Constitutional Violations at Ohio Juvenile Facilities Leads to Settlement in Class Action; Guards Attempt to Block Relief by Brandon Sample The Ohio Department of Youth Services (ODYS) has …
Bearden v. Lippman, FL, Medical Interrogatories, 2009 Medical Interrogatories to Doctor 1. What is the name and address of the person answering these interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the interrogatories are directed? 2. Describe in detail your relationship with The …
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