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Article • March 15, 2001 • from PLN March, 2001
"The Judge Gave Me Ten Years--He Didn't Sentence Me to Death" by Anne-Marie Cusac "The Judge Gave Me Ten Years--He Didn't Sentence Me to Death" Prisoners with HIV deprived of proper care By Anne-Marie Cusac In prisons and jails across the country, prisoners with HIV or AIDS are denied proper …
Article • January 15, 2001 • from PLN January, 2001
AZ Medical Copayment Not Retroactive by James Quigley A federal district court in Arizona held that Ariz. Rev. Stat. (ARS) § 31201.01, which includes a socalled medical copayment provision, cannot be applied to state prisoners who are incarcerated for offenses committed prior tothe statute's effective date. In an unpublished ruling …
Pregnant OH Prisoner Obtains Abortion by A U.S. District Court enjoined the director of an Ohio prison from denying a pregnant jail prisoner access to abortion services. Jane Doe, a pseudonymous female prisoner at River City Correctional Center in Cincinnati, was approximately 6 weeks pregnant when she was incarcerated on …
Article • May 15, 2000 • from PLN May, 2000
Comatose Prisoners Expose the Limits of Mercy by Gary Hunter In Texas and California the hard line against crime has crashed against the bottom line of deficient state budgets. Short money and long sentences have politicians from both states purporting to search frantically for fiscal solutions. Texas legislators have proposed …
Prison Health Services Refuses to Pay by The U.S. court of appeals for the Eleventh Circuit held that a forum selection clause in an indemnity agreement between the Sheriff of Polk Co., Florida and Prison Health Services (PHS), which allowed contract disputes to be brought in the state circuit court, …
Medical Cost-Cutting by Private Care Provider Opens Liability by Afederal district court in New York held that a jail prisoner had stated a claim for violation of his Eighth Amendment rights when he was denied medical care as a part of the county's effort to cut medical costs by contracting …
CT Prisoners Pinched for Cost of Imprisonment by A1995 "get tough" state law mandated that the Connecticut Department of Correction write a regulation for assessing prisoners for the cost of their incarceration In 1997, that mandate was codified into sections 18-85a-1 to 18-85a-4 of the "Regulations of State Agencies: cost …
Article • June 15, 1998 • from PLN June, 1998
PA County Medical Co-Payment Constitutional by The court of appeals for the third circuit held that a program charging prisoners a small ($3-$5) fee when they sought medical care, is not per se unconstitutional, nor as implemented, under the eighth amendment. The court further held that the program is not …
PA DOC Not 'Victim' for Restitution Purposes by A Pennsylvania court of appeals held that the DOC was not a "victim" for restitution purposes and that prison expenditures on health care for a murdered prisoner were not compensation reimbursable to the DOC under a restitution statute. Three Pennsylvania state prisoners …
Article • August 15, 1997 • from PLN August, 1997
Jail Medical Fees Upheld by Fifth Circuit by The court of appeals for the fifth circuit, in two consolidated cases, upheld the manner in which fees were collected from indigent prisoners who sought medical care. This case is more important for what it doesn't decide than for what it does. …
Pierce County (Tacoma) Jail Suit Settled by In the February, 1995, issue of PLN we reported the filing of Herrera v. Pierce County, a class action suit challenging overcrowding and various other unconstitutional conditions at the Pierce County jail in Tacoma, Washington. The suit was settled in mid 1996 in …
Article • March 15, 1996 • from PLN March, 1996
Texas Medical Charge May Violate Due Process by Afederal district court in Texas has held that a prisoner's claim that he was wrongly charged for medical services should proceed to trial. Creighton Delverne is a convicted state prisoner who was awaiting transport to the state's prison system but was backlogged …
Article • January 15, 1996 • from PLN January, 1996
Maryland Medical Co-Pay Policy Upheld by In the November, 1995, issue of PLN we discussed case law and litigation strategy on challenging state laws requiring prisoners to pay for medical services. As more states pass such laws we foresee more litigation on the issue. A federal district court in Maryland …
Charging for Medication May Violate Eighth Amendment by A federal district court in Indiana has held that requiring prisoners to pay for medication when they are able to does not violate the eighth amendment. However, prison officials' refusal to provide over the counter medication to indigent prisoners with serious medical …
Article • November 15, 1995 • from PLN November, 1995
Billing Prisoners for Medical Care Blocks Access by Kara Chayriques by Mark Lopez and Kara Chayriques In 1976, the Supreme Court established in Estelle v. Gamble, 429 U.S. 97 (1976), that the government has an obligation to provide medical care for prisoners. This fundamental premise has been upheld in subsequent …
WA Passes Record Anti-Prisoner/Defendant Legislation by Paul Wright By Paul Wright In the March, 1995, issue of PLN I gave a rundown on most of the anti-prisoner and defendant legislation then pending in the legislature. After we had gone to press for that issue Ida Ballasiotes, the rabid chair of …
Purdy Medical Suit Settled by In the April, 1994, issue of PLN we reported Hallet v. Payne, No. 93-5496(T)D, the class action suit by women prisoners in federal court in Tacoma against prison officials at the Washington Corrections Center for Women, also known as Purdy. The suit alleged that medical …
WA Prisoners Under Attack by Paul Wright By Paul Wright Someone once said that no citizen's life, limb or property was safe while the legislature was in session. Substitute "Prisoner" for "citizen" and you have an idea of what things are like in Washington. Fortunately, the Washington state legislature is …
AZ Passes Repressive Prison Laws by As part of the national trend towards bashing prisoners the 41st session of the Arizona legislature recently passed a number of repressive laws designed to make life harder for prisoners as well as restrict their access to the courts. The laws went into effect …
Fear and Loathing in California by Willie Wisely As the campaign of hatred against people in prison reaches a frenzied crescendo in this era of reactionary politics, several draconian measure were passed by California legislators in the 1994 session vying with each other for the title, "Toughest On Crime." A …
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